Subsidiaries, is typically obtained in the ordinary course of business consistent with past practice and shall be excluded to the extent such approval is subsequently not received) or, directly or indirectly, by operation of the terms of its charter or any agreement, instrument, judgment, decree, order, statute, rule or governmental regulation applicable to that Restricted Subsidiary or its stockholders (other than to the extent of the amount of dividends or distributions that have actually been paid in the calculation period);
(iii) the cumulative effect of a change in accounting principles shall be excluded;
(iv) any non-cash long-lived asset goodwill, other intangible asset or other impairment charges incurred subsequent to April 20, 2020 resulting from the application of ASC Topic 350 (or similar pronouncements) shall be excluded;
(v) any net after-tax income or loss from discontinued operations, net after-tax gains or losses on discontinued operations shall be excluded; and
(vi) items classified as extraordinary or nonrecurring gains and losses (less all fees and expenses related thereto) or expenses (including, without limitation, costs and expenses arising from the offering of the Notes), and the related tax effects according to GAAP, shall be excluded.
Consolidated Net Tangible Assets means, as of any date of determination, the consolidated total assets of the Company and its Restricted Subsidiaries determined in accordance with GAAP as of the end of the Companys most recent fiscal quarter for which internal financial statements are available, less the sum of (i) all current liabilities and current liability items and (ii) all goodwill, trade names, trademarks, patents, organization expense and other similar intangibles properly classified as intangibles in accordance with GAAP.
Construction Indebtedness means Indebtedness incurred by the Company or its Restricted Subsidiaries in connection with the construction of motion picture theatres or screens, operations buildings and office buildings.
Corporate Trust Office of the Trustee means the office of the Trustee at which at any particular time its corporate trust business shall be principally administered, which office at the date of the execution and delivery of this Indenture, as originally executed and delivered, is located at 333 S. Grand Avenue, Fifth Floor, Suite 5A, MAC E2064-05A, Los Angeles, California 90071.
Credit Agreement means that certain amended and restated Credit Agreement, dated as of December 18, 2012 (as amended to the Issue Date), by and among the Company, as borrower, Cinemark Holdings, Inc., as parent, and the subsidiary guarantors named therein, as guarantors, the lenders and other entities party thereto and Barclays Bank PLC, as administrative agent, including any related notes, Guarantees, collateral documents, instruments and agreements executed in connection therewith from time to time, and in each case as amended, modified, renewed, refunded, replaced or refinanced from time to time.
Credit Facilities means one or more debt facilities (including, without limitation, the Credit
Agreement), commercial paper facilities or indentures, in each case with banks or other institutional lenders or investors providing for revolving credit loans, term loans, debt securities, receivables financing (including through the sale of receivables to such lenders or to special purpose entities formed to borrow from such lenders against such receivables) or letters of credit and any agreement or agreements governing Indebtedness incurred to refinance, replace, restructure or refund such agreements in whole or in part from time to time (whether with the original agent and lenders or other agents and lenders or otherwise).