Example ContractsClausesfunded indebtednessVariants
Funded Indebtedness
Funded Indebtedness contract clause examples

Funded Indebtedness” means, as of the last day of any fiscal quarter for which financial statements prepared on a consolidated basis in accordance with GAAP have been filed with the SEC (or, in the event that the Borrower shall no longer be subject to the reporting requirements of Section 13 or Section 15(d) of the Exchange Act, are available), the aggregate principal amount of all Indebtedness (other than Indebtedness described in clauses # (to the extent such guaranty relates to Indebtedness not otherwise excluded from Funded Indebtedness) (h), (i), and (j) of the definition thereof) determined for Borrower and its Subsidiaries (other than intercompany Indebtedness among Borrower and its Subsidiaries) on a consolidated basis at such date. For avoidance of doubt, Funded Indebtedness shall include any Attributable Debt of the Borrower and its Subsidiaries.

Consolidated Funded Indebtedness” means, as of any date of determination, Indebtedness of the Borrower and its Subsidiaries on a consolidated basis, excluding # Indebtedness of the type described in clauses # (so long as such amounts in such clause are contingent obligations), (c) and (g) of the definition of Indebtedness and # Guarantees in respect of Indebtedness described in the [foregoing clause (a)].

"Consolidated Funded Indebtedness" means, as of any date of determination, for the Borrower and its Subsidiaries on a consolidated basis in accordance with GAAP and without duplication, all # Indebtedness for borrowed money (including Obligations hereunder) and all obligations evidenced by notes, bonds, debentures, loan agreements or similar instruments, # Indebtedness in respect of the deferred purchase price of property or services (which Indebtedness excludes, for the avoidance of doubt, trade accounts payable or similar obligations to a trade creditor in the ordinary course of business and any contingent earn-out obligation or other contingent obligation related to an acquisition or an Investment permitted hereunder), # Indebtedness arising under letters of [[Organization A:Organization]], # all Attributable Indebtedness, # Guarantees of the foregoing types of Indebtedness, and # all Indebtedness of the types referred to in [clauses (a) through (e) above] of any partnership in which the Borrower or a Subsidiary is a general partner (unless such Indebtedness is expressly made non-recourse to such Person); provided that "Consolidated Funded Indebtedness" shall exclude # Performance Contingent Obligations, # all obligations under any Swap Contract, # Indebtedness of Project Finance Subsidiaries; # obligations under letter of [[Organization A:Organization]] reimbursement agreements with respect to any Commercial Letters of [[Organization A:Organization]], in each case, so long as such letters of [[Organization A:Organization]] remain undrawn; # obligations with respect to bid, performance or similar project-related bonds, bank guarantees and bankers' acceptances obtained in the ordinary course of the Borrower's and its Subsidiaries' business or consistent with past practice or ordinary course industry norms, so long as such bonds or other instruments remain undrawn; and # obligations with respect to letters of [[Organization A:Organization]], bankers' acceptances and bank guarantees, in each case to the extent collateralized with cash and/or Cash Equivalents; provided that at any time during the Availability Period for the Term A-2 Facility, Consolidated Funded Indebtedness will be computed to include as the outstanding amount of the Term A-2 Facility an amount equal to the greater of # the actual amount of Term A-2 Loans outstanding at such time or # the lesser of # $235 million and # the unused Term A-2 Commitment plus the Term A-2 Loans outstanding at such time.

Consolidated Funded Indebtedness” means, as of any date of determination with respect to the Borrower and its Subsidiaries on a consolidated basis, without duplication, the sum of: # all obligations of such Person for borrowed money and all obligations of such Person evidenced by bonds, debentures, notes, loan agreements or other similar instruments; # all obligations of such Person to pay the deferred purchase price of property or services (other than trade accounts payable in the ordinary course of business, advisory fees and any earn-out obligation until such earn-out obligation is required to become a liability on the balance sheet of such Person in accordance with GAAP); # Indebtedness (excluding prepaid interest thereon) secured by a Lien on property owned or being purchased by such Person (including Indebtedness arising under conditional sales or other title retention agreements), whether or not such Indebtedness shall have been assumed by such Person or is limited in recourse; provided, however, that if such Indebtedness is limited in recourse to the property encumbered thereby, such Indebtedness shall be deemed to be equal to the lesser of the # fair market value of such asset at such date of determination and # the amount of such Indebtedness; # capital leases and Synthetic Lease Obligations; # all obligations of such Person to purchase, redeem, retire, defease or otherwise make any payment in respect of any Disqualified Equity Interest in such Person or any other Person, valued, in the case of a redeemable preferred interest, at the greater of its voluntary or involuntary liquidation preference plus accrued and unpaid dividends; # all Guarantees with respect to Indebtedness of the types specified in [clauses (a) through (e) above] of another Person; and # all Indebtedness of the types referred to in [clauses (a) through (f) above] of any partnership or joint venture (other than a joint venture that is itself a corporation or limited liability company) in which the Borrower or any Subsidiary is a general partner or joint venturer, except to the extent that Indebtedness is expressly made non-recourse to such Person. Notwithstanding the foregoing, for so long as neither the Borrower nor any of its Subsidiaries is designated as a “borrower” or an “issuer” under the Parent Credit Facility, all Indebtedness and other obligations (whether consisting of guarantees or otherwise) in respect of the Parent Credit Facility shall be excluded from the definition of Consolidated Funded Indebtedness.

Consolidated Funded Indebtedness means, as of any date of determination, for the Borrower and its Subsidiaries on a consolidated basis, the sum of # the outstanding principal amount of all obligations, whether current or long-term, for borrowed money (including Obligations hereunder excluding those described in clauses # , (iii) and (iv) of the definition of “Indebtedness” hereunder) and all obligations evidenced by bonds, debentures, notes, loan agreements or other similar instruments; # all purchase money Indebtedness; # the amounts drawn and not reimbursed under issued and outstanding letters of credit (including standby and commercial), bankers' acceptances, bank guaranties, surety bonds and similar instruments; # all obligations in respect of the deferred purchase price of property or services (other than trade accounts payable in the ordinary course of business and earnout arrangements); # all Attributable Indebtedness; # all obligations to purchase, redeem, retire, defease or otherwise make any payment prior to the Expiration Date in respect of any Equity Interests or any warrant, right or option to acquire such Equity Interest, valued, in the case of a redeemable preferred interest, at the greater of its voluntary or involuntary liquidation preference plus accrued and unpaid dividends; # without duplication, all Guarantees with respect to outstanding Indebtedness of the types specified in [clauses (a) through (f) above] of Persons other than the Borrower or any Subsidiary; and # all Indebtedness of the types referred to in [clauses (a) through (g) above] of any partnership or joint venture (other than a joint venture that is itself a corporation or limited liability company) in which the Borrower or a Subsidiary is a general partner or joint venturer, unless such Indebtedness is expressly made non-recourse to the Borrower or such Subsidiary.

Consolidated Funded Indebtedness” means, as of any date of determination, for the Borrower and its Subsidiaries on a consolidated basis, the sum of all Indebtedness described in [clauses (a), (b), (d), (e), (f) and (h)])])])])] of the definition thereof, and all of the foregoing of any partnership or joint venture (other than a joint venture that is itself a corporation or limited liability company) in which the Borrower or a Subsidiary is a general partner or joint venturer, unless such Indebtedness is expressly made non-recourse to the Borrower or such Subsidiary.

Consolidated Funded Indebtedness” means, as of any date of determination, for the Borrower and its Subsidiaries on a Consolidated basis, without duplication, the sum of the following: # the outstanding principal amount of all obligations, whether current or long-term, for borrowed money (including the Obligations hereunder) and all obligations evidenced by bonds, debentures, notes, loan agreements or other similar instruments; # all purchase money Indebtedness; # to the extent that any amount has been drawn and not reimbursed, such amount outstanding under letters of credit (including standby and commercial), bankers’ acceptances, bank guaranties, surety bonds and similar instruments; # all obligations in respect of the deferred purchase price of property or services (other than # trade accounts and other accounts payable in the ordinary course of business, and # deferred compensation accruals for payroll and accrued expenses in the ordinary course of business), provided, that, contingent purchase price obligations (including earnouts) shall be included in the determination of Consolidated Funded Indebtedness pursuant to this [clause (d)] solely to the extent such obligations # appear (or would be required to be appear) as a liability on the Consolidated balance sheet of the Borrower in accordance with GAAP and # are payable within twelve (12) months of such date of determination; # all Attributable Indebtedness; # all mandatory and non-discretionary obligations to purchase, redeem, retire, defease or otherwise make any payment prior to the Maturity Date in respect of any Equity Interests or any warrant, right or option to acquire such Equity Interest, valued, in the case of a redeemable preferred interest, at the greater of its voluntary or involuntary liquidation preference plus accrued and unpaid dividends; # without duplication, all Guarantees with respect to outstanding Indebtedness of the types specified in [clauses (a) through (f) above] of Persons other than the Borrower or any Subsidiary; and # all Indebtedness of the types referred to in [clauses (a) through (g) above] of any partnership or joint venture (other than a joint venture that is itself a corporation or limited liability company) in which the Borrower or a Subsidiary is a general partner or joint venturer, unless such Indebtedness is expressly made non-recourse to the Borrower or such Subsidiary.

Consolidated Funded Indebtedness” means, as of any date of determination, for the Borrower and its Restricted Subsidiaries on a consolidated basis (exclusive of any Indebtedness of the Borrower’s Restricted Subsidiaries to the Borrower or another Restricted Subsidiary or any Indebtedness of the Borrower to any Restricted Subsidiary), the sum (without duplication) of # the outstanding principal amount of all Indebtedness for borrowed money minus the amount of any cash borrowed by the Borrower and pledged or deposited by the Borrower pursuant to [Section 2.03(a)(iii)] or [Section 2.16] as cash collateral, # the aggregate amount of all Attributable Indebtedness, # the outstanding principal amount of all Indebtedness of the type described in clause (e) of the definition thereof, # the outstanding principal amount of all Indebtedness of the type described in clause (d) of the definition thereof, and # all Guarantees with respect to outstanding Indebtedness of the types specified in [subsections (a) through (d)] above of Persons other than the Borrower or any Restricted Subsidiary. Notwithstanding the foregoing, Consolidated Funded Indebtedness shall not include # any Defeased Indebtedness or # the aggregate principal amount of Indebtedness (including any interest paid-in-kind thereon), if any, in respect of any Specified Tribal Contribution. The amount of Consolidated Funded Indebtedness shall be deemed to be zero with respect to any letter of credit, unless and until a drawing is made with respect thereto. “Consolidated Funded Indebtedness” shall exclude the Consolidated Funded Indebtedness of each Unrestricted Subsidiary and all Subsidiaries of any Unrestricted Subsidiary. “Consolidated Funded Indebtedness” shall exclude any Guarantee of Indebtedness at the Mohegan Sun Korea Project to the extent and for such time as the Borrower deems such Guarantee as incurred pursuant to [Section 9.02(k)] and [Section 9.03(h)].

Consolidated Funded Indebtedness” means, as of any date of determination, for the Borrower and its Subsidiaries on a Consolidated basis, the sum of: # the outstanding principal amount of all obligations, whether current or long-term, for borrowed money (including Obligations hereunder) and all obligations evidenced by bonds, debentures, notes, loan agreements or other similar instruments; # all purchase money Indebtedness; # all obligations in respect of unreimbursed drawings under letters of credit (including standby and commercial), bankers’ acceptances, bank guaranties, surety bonds and similar instruments; # all obligations in respect of the deferred purchase price of property or services (other than # trade accounts and other accounts payable in the ordinary course of business, # deferred compensation accruals for payroll and accrued expenses in the ordinary course of business, and # Earn Out Obligations to the extent not then due and payable and unpaid); # all Attributable Indebtedness; # all obligations to purchase, redeem, retire, defease or otherwise make any payment prior to the Maturity Date in respect of any Equity Interests or any warrant, right or option to acquire such Equity Interest, valued, in the case of a redeemable preferred interest, at the greater of its voluntary or involuntary liquidation preference plus accrued and unpaid dividends; # without duplication, all Guarantees with respect to outstanding Indebtedness of the types specified in [clauses (a) through (f) above] of Persons other than the Borrower or any Subsidiary; and # all Indebtedness of the types referred to in [clauses (a) through (g) above] of any partnership or joint venture (other than a joint venture that is itself a corporation or limited liability company or other limited liability legal entity) in which the Borrower or a Subsidiary is a general partner or joint venturer, unless such Indebtedness is expressly made non-recourse to the Borrower or such Subsidiary.

Consolidated Funded Indebtedness” means, as of any date of determination, for the Borrower and its Subsidiaries on a consolidated basis, the sum of # the outstanding principal amount of all direct or indirect obligations, whether current or long-term, for borrowed money (including Obligations hereunder) and all obligations evidenced by bonds, debentures, notes, loan agreements or other similar instruments, # all purchase money Indebtedness, # all direct obligations arising under letters of credit (including standby and commercial), bankers’ acceptances, bank guaranties, surety bonds and similar instruments, # all obligations in respect of the deferred purchase price of property or services (other than trade accounts payable in the ordinary course of business), # all Attributable Indebtedness, # without duplication, all Guarantees with respect to outstanding Indebtedness of the types specified in [clauses (a) through (e) above] of Persons other than the Borrower or any Subsidiary, and # all Indebtedness of the types referred to in [clauses (a) through (f) above] of any partnership or joint venture (other than a joint venture that is itself a corporation or limited liability company) in which the Borrower or a Subsidiary is a general partner or joint venturer, unless such Indebtedness is expressly made non-recourse to the Borrower or such Subsidiary. For avoidance of doubt, Consolidated Funded Indebtedness excludes operating leases of the Borrower and operating leases of Borrower’s Subsidiaries guaranteed by the Borrower.

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