by Borrower or any of its Restricted Subsidiaries that is the obligor on the Debt being extended, refinanced, renewed, replaced, defeased or refunded; provided, however, that Borrower or a Restricted Subsidiary of Borrower may guarantee Permitted Refinancing Indebtedness incurred by Borrower or a Restricted Subsidiary of Borrower, but only to the extent Borrower or such Restricted Subsidiary, as applicable, was an obligor or guarantor of the Debt being extended, refinanced, renewed, replaced, defeased or refunded; provided, further, however, that if such Permitted Refinancing Indebtedness is subordinated to the Loans, any such guarantee shall be subordinated to the Loans or such Restricted Subsidiarys guarantee (if any) of the Loans, if applicable, to at least the same extent.
Permitted Warrant Transaction: means any call option, warrant or right to purchase (or substantively equivalent derivative transaction) on Borrowers common stock sold by Borrower substantially concurrently with any purchase by Borrower of a related Permitted Bond Hedge Transaction.
Person: means any individual, corporation, limited liability company, partnership, joint venture, association, trust, unincorporated organization, Governmental Authority or other entity.
Plan: means an employee benefit plan (as defined in Section 3(3) of ERISA) maintained for employees of an Obligor or ERISA Affiliate, or to which an Obligor or ERISA Affiliate is required to contribute on behalf of its employees.
Platform: has the meaning set forth in Section 14.3.3.
Post-Closing Conditions: means (a) Field Examination Condition and (b) the conditions set forth in Part A of Schedule 10.1.12.
Prepayment Fee: has the meaning set forth in the Agents Fee Letter.
Prior Credit Agreement: means the Second Amended and Restated Credit Agreement dated as of February 6, 2015, by and among the Borrower, as parent guarantor, HOS, as borrower, Wells Fargo, as administrative agent, and the other parties thereto, as amended by the First Amendment thereto dated as of July 29, 2016 by and among the Borrower, as parent guarantor, HOS, as borrower, Wells Fargo, as administrative agent, and the other parties thereto.
Pro Rata: means, with respect to any Lender at any time, (a) with respect to the Tranche A Loans at any time, a share proportionate to the aggregate amount of such Lenders outstanding Tranche A-1 Loans or Tranche A-2 Loans, as the case may be, to Tranche A Usage at such time,
(b) with respect to the Tranche B Loans, a share proportionate to the aggregate amount of such Lenders outstanding Tranche B-1 Loans or Tranche B-2 Loans, as the case may be, to Tranche B Usage at such time and (c) if all Loans have been paid in full and/or Cash Collateralized, a share proportionate to the aggregate amount of such Lenders and its Affiliates remaining Obligations to the aggregate remaining Obligations.
Property: means any interest in any kind of property or asset, whether real, personal or mixed, or tangible or intangible, including, without limitation, cash and Cash Equivalents and Receivables.