GAAP means accounting principles generally accepted in the United States of America, consistently applied, as in effect from time to time.
Global Note Legend means the legend set forth in Section 3.2(f), which is required to be placed on all Global Notes issued under the Indenture.
Global Notes means, individually and collectively, each of the Notes deposited with or on behalf of and registered in the name of the Depositary or its nominee, substantially in the form of Exhibit A hereto and that bears the Global Note Legend and that has the Schedule of Exchanges of Interests in the Global Note attached thereto, issued in accordance with the Indenture.
Holders shall have the meaning ascribed thereto in Section 2.4.
Indenture means the Base Indenture, as supplemented by this Second Supplemental Indenture, and as further supplemented, amended or restated.
Indirect Participant means a person who holds a beneficial interest in a Global Note through a Participant.
Initial Notes means the $600,000,000 aggregate principal amount of Notes issued under this Second Supplemental Indenture on the date hereof.
Intercompany Debt means, as of any date, Debt to which the only parties are the Company and any of its Subsidiaries, but only so long as that Debt is held solely by any of the Company and any of its Subsidiaries as of that date and, provided that, in the case of Debt owed by the Company to any Subsidiary, the Debt is subordinated in right of payment to the Holders of the Notes.
interest means, when used with reference to the Notes, any interest payable under the terms of the Notes.
Interest Expense means, with respect to any person, for any period, such persons Pro Rata Share of interest expense for such period, with other adjustments as are necessary to exclude: (i) the effect of items classified as extraordinary items, in accordance with GAAP; (ii) amortization of debt issuance costs; (iii) prepayment penalties and (iv) non-cash swap ineffectiveness charges.
Interest Payment Date shall have the meaning ascribed thereto in Section 2.4.
Lien means any mortgage, deed of trust, lien, charge, pledge, security interest, security agreement, or other encumbrance of any kind, provided that in no event shall an operating lease in and of itself be deemed to constitute a Lien.
Marketable Securities means: (a) common or preferred Equity Interests which are listed on Nasdaq or have trading privileges on the New York Stock Exchange, the NYSE American, or another recognized national United States securities exchange, the London Stock Exchange, Euronext or another recognized European securities exchange; (b) convertible securities which can be converted at any time into common or preferred Equity Interests of the type described in the immediately preceding clause (a); and (c) securities evidencing indebtedness issued by persons which have an investment grade credit rating by a nationally recognized statistical rating organization; provided that Marketable Securities shall not include any securities that are considered cash equivalents.