Refinancing Indebtedness means Indebtedness refinancing, refunding, renewing or extending any existing Indebtedness; provided that (i) the amount of such Indebtedness is not increased at the time of such refinancing, refunding, renewal or extension except by an amount equal to a reasonable premium or other reasonable amount paid, and fees and expenses reasonably incurred, in connection with such refinancing and by an amount equal to any existing commitments unutilized thereunder, (ii) the average life to maturity of any refinancing, refunding, renewal or extension of such Indebtedness permitted hereby is not less than the then average life to maturity of the Indebtedness so refinanced, refunded, renewed or extended, (iii) the direct or contingent obligors with respect to such Indebtedness are not changed as a result of or in connection with such refinancing, refunding, renewal or extension, (iv) any refinancing, refunding, renewal or extension of Indebtedness subordinated to the Obligations shall be on terms no less favorable to the Lender, and no more restrictive to the Loan Parties, than the subordinated Indebtedness being refinanced, refunded, renewed or extended, (v) the interest rate applicable to any such refinancing, refunding, renewing or extending Indebtedness does not exceed the lower of the (A) interest rate for the Indebtedness being refinanced, refunded, renewed, or extended and (B) the otherwise market rate of interest for such Indebtedness, and (vi) such refinancing, refunding, renewal, or extension does not impair or restrict, in any material respect greater than as contained in the Indebtedness being refinanced, refunded, renewed or extended, the ability of the Loan Parties to make Restricted Payments or transfer money and other property to or otherwise enter into transactions among the other Loan Parties or to perform its obligations under the Loan Documents.
Registered Public Accounting Firm has the meaning specified in the Securities Laws and shall be independent of the Company as prescribed in the Securities Laws.
Related Parties means, with respect to any Person, such Persons Affiliates and the partners, directors, officers, employees, agents, trustees, administrators, managers, advisors and representatives of such Person and of such Persons Affiliates.
Rent and Charges Reserve means the aggregate of (a) all past due rent and other amounts owing by a Borrower to any landlord, warehouseman, processor, repairman, mechanic, shipper, freight forwarder, broker or other Person who possesses any Collateral or could assert a Lien on any Collateral; and (b) a reserve equal to not more than three (3) months rent and other charges that could be payable to any lessor of Real Property, unless it has executed a Lien Waiver.
Reportable Event means any of the events set forth in Section 4043(c) of ERISA, other than events for which the thirty (30) day notice period has been waived.
Request for Credit Extension means (a) with respect to a Borrowing, conversion or continuation of Loans, a request pursuant to Section 2.02 and (b) with respect to an Letter of Credit Extension, a Letter of Credit Application.
Reserve means any reserve constituting all or any portion of the Availability Reserve or the Specific Reserve. Upon the establishment or increase in the Reserves, the Lender agrees to make itself available to discuss the Reserve or increase, and Borrowers may take such action as may be required so that the event, condition, circumstance, or fact that is the basis for such Reserve or increase no longer exists, in a manner and to the extent reasonably satisfactory to the Lender in the exercise of its Credit Judgment. In no event shall such opportunity limit the right