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Funded Indebtedness
Funded Indebtedness contract clause examples

Consolidated Funded Indebtedness” means, as of any date of determination, all Funded Indebtedness of the Borrower and its Subsidiaries, on a consolidated basis, without duplication.

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 Secured Indebtedness” means, as of any date of determination, for the Borrower and its Restricted Subsidiaries on a consolidated basis, all Consolidated Funded Indebtedness secured by Liens.

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 # 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 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), # Attributable Indebtedness in respect of Capital Leases and Synthetic Lease Obligations, # 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.

Consolidated Funded Indebtedness” means, as of any date of determination, for the Borrowers and their Restricted 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 direct obligations arising under letters of credit (including commercial but excluding undrawn standby letters of credit), 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 a Borrower or any Restricted 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 a Borrower or a Restricted Subsidiary is a general partner or joint venturer, unless such Indebtedness is Non-Recourse Debt.

Consolidated Funded Debt” means at any date, the aggregate amount of all Funded Debt of the Borrower and the Restricted Subsidiaries at such date, all as determined in accordance with GAAP.

"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 Debt” means Funded Debt of the Borrower and its Subsidiaries (other than Regulated Subsidiaries) on a consolidated basis determined in accordance with GAAP; provided, however, notwithstanding anything to the contrary in the foregoing, “Consolidated Funded Debt” shall # include any intercompany Indebtedness owing by any Credit Party or Subsidiary (other than a Regulated Subsidiary) to any Regulated Subsidiary, and # exclude any Indebtedness owing by any Regulated Subsidiary to the Federal Home Loan Bank.

Consolidated Funded Indebtedness” means, as of any date of determination, for the Borrower and its Subsidiaries on a Consolidated basis, the sum of (without duplication): # the outstanding principal amount of all obligations, whether current or long-term, for borrowed money (including the Obligations) and all obligations evidenced by bonds, debentures, notes, loan agreements or other similar instruments; # all purchase money Indebtedness; # the maximum amount available to be drawn under issued and outstanding letters of credit (including standby and commercial), bankers’ acceptances and bank guaranties (but excluding surety bonds); # all obligations in respect of the deferred purchase price of property or services (excluding # Earnouts, # purchase price adjustments, # trade accounts payable in the ordinary course of business (including on an intercompany basis), # any such obligations incurred under ERISA and # liabilities associated with customer prepayments and deposits); # all Attributable Indebtedness;[reserved]; # all mandatory obligations to purchase, redeem, retire, defease or otherwise make any payment, in each case, prior to the Maturity Date, in respect of any Disqualified Stock of the Borrower or its Subsidiaries, valued, in the case of a redeemable preferred interest, at the greater of its voluntary or involuntary liquidation preference; # 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)] 1204724.01-CHISR02A - MSW

Consolidated Total Indebtedness” means, as of any date of determination, the then aggregate outstanding amount of all Indebtedness of the Borrower and its Subsidiaries on a consolidated basis.

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