Incremental Indebtedness definition
Examples of Incremental Indebtedness in a sentence
Company will promptly pay or cause to be paid the Principal Amount of, premium, if any, and interest on the Incremental Indebtedness Notes on the dates and in the manner provided in the Incremental Indebtedness Notes, and in accordance with the terms of the Second Lien Purchase Agreement and the Intercreditor Agreement.
With respect to the issuance of the Incremental Indebtedness Notes, the reference to the Closing in the definition of “Principal Amount” contained in the Second Lien Purchase Agreement shall refer to the Effective Date.
Having considered all facts relevant to a determination of the value of the Incremental Indebtedness Notes being acquired by the Purchasers on the Effective Date, Company and the Purchasers have concluded and do hereby agree that, within the meaning of Section 1273 of the Code, the issue price for each Incremental Indebtedness Note is as set forth in Supplemental Schedule 1.2A.
Notwithstanding anything herein to the contrary, any minimum amounts or multiples of any amount specified in this Agreement (including, without limitation, any minimum amounts or multiples of any amount in respect of any Borrowings, mandatory prepayments, optional prepayments, Incremental Commitments or New Incremental Indebtedness) may be in such lower minimum amounts or multiples as agreed to by the Administrative Agent in its sole discretion.
Neither the Company nor any of its Subsidiaries is or, immediately after receipt of payment for the Incremental Indebtedness Notes and the consummation of the transactions contemplated under this Agreement, the Incremental Indebtedness Notes, the Warrants, the Warrant Agreement, and the Registration Rights Agreement Acknowledgment, will be an “investment company” registered or required to be registered under the Investment Company Act of 1940, as amended.