own or hold any Lien on any property of, a Loan Party, (d) does not own any other Subsidiaries (other than Inactive Subsidiaries or Immaterial Subsidiaries) and (e) has not been
designated to be a Loan Party pursuant to Section 6.12(g) hereof.
Impacted Loans has the meaning assigned
to such term in Section 3.03.
Inactive Subsidiary means any Subsidiary of the Borrower that
(a) owns no assets (other than assets of de minimis value), has no Subsidiaries (other than other Inactive Subsidiaries) and conducts no operations, (b) does not Guarantee or provide a Lien on its assets or otherwise provide credit support
with respect to any Indebtedness of the Borrower or any of the Borrowers other Subsidiaries, (c) does not own, directly or indirectly, any Equity Interests or Indebtedness of, or own or hold any Lien on any property of, a Loan Party and
(d) has not been designated to be a Loan Party pursuant to Section 6.12(g) hereof.
Date has the meaning assigned to such term in Section 2.14(c).
Incremental Excess Yield has the
meaning assigned to such term in Section 2.14(a).
Incremental Increase has the meaning assigned to such
term in Section 2.14(a).
Incremental Term Borrowing means a borrowing made pursuant to
Section 2.14, with respect to Incremental Term Loans consisting of the same Type and, in the case of Eurodollar Rate Loans, having the same Interest Period, made by each of the Term Lenders pursuant to Section 2.14.
Incremental Term Loans has the meaning assigned to such term in Section 2.14(a).
Indebtedness means, as to any Person at a particular time, without duplication, all of the following, whether or not
included as indebtedness or liabilities in accordance with GAAP:
(a) 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;
(b) the maximum amount of
all direct or contingent obligations of such Person arising under letters of credit (including standby and commercial), bankers acceptances, bank guaranties, surety bonds and similar instruments;
(c) net obligations of such Person under any Swap Contract;
(d) 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 and current liabilities in the form of expenses that are not the result of the borrowing of money or the extension of credit and that are listed on the financial statements of the Borrower as other current
(e) 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;