Swap Termination Value means, in respect of any one or more Swap Contracts, after taking into account the effect of any legally enforceable netting agreement relating to such Swap Contracts, (a) for any date on or after the date such Swap Contracts have been closed out and termination value(s) determined in accordance therewith, such termination value(s), and (b) for any date prior to the date referenced in clause (a), the amount(s) determined as the mark-to-market value(s) for such Swap Contracts, as determined based upon one or more mid-market or other readily available quotations provided by any recognized dealer in such Swap Contracts (which may include a Lender or any Affiliate of a Lender).
Synthetic Lease Obligation means the monetary obligation of a Person under (a) a so-called synthetic, off-balance sheet or tax retention lease, or (b) an agreement for the use or possession of property creating obligations that do not appear on the balance sheet of such Person but which, upon the application of any Debtor Relief Laws to such Person, would be characterized as the indebtedness of such Person (without regard to accounting treatment).
Target means Infrastructure and Energy Alternatives, Inc., a Delaware corporation.
Target Indenture means that certain Indenture dated as of August 17, 2021 among IEA Energy Services LLC, as issuer, the guarantors from time to time party thereto and Wilmington Trust, National Association, as trustee, under which the Target Notes were issued.
Target Notes means those certain 6.625% Senior Notes of IEA Energy Services LLC due 2029 and issued pursuant to the Target Indenture in the initial aggregate principal amount of $300,000,000.
Target Notes LM Transaction means the execution of a supplemental indenture with respect to the Target Indenture that, subject only to the occurrence of the Closing Date Acquisition, either (a) deletes the covenants set forth in Sections 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.12, 3.13, 3.14, 3.16, 3.20, and 4.1 and clauses (3)-(8) of Section 6.1 of the Target Indenture or (b) amends the Target Indenture to (i) eliminate the requirement of a Change of Control Offer (as defined in the Target Indenture) with respect to the Closing Date Acquisition and (ii) make Sections 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.12, 3.13, 3.14, 3.16, 3.20, and 4.1 and clauses (3)-(8) of Section 6.1 of the Target Indenture no more restrictive than the corresponding provision in the Senior Notes Indenture.
Taxes means all present or future taxes, levies, imposts, duties, deductions, withholdings (including backup withholding), assessments, fees or other charges imposed by any Governmental Authority, including any interest, additions to tax or penalties applicable thereto.
Term SOFR means:
(a) for any Interest Period with respect to a Term SOFR Loan, the rate per annum equal to the Term SOFR Screen Rate two U.S. Government Securities Business Days prior to the commencement of such Interest Period with a term equivalent to such Interest Period; provided that if the rate is not published prior to 11:00 a.m. on such determination date then Term SOFR means the Term SOFR Screen Rate on the first U.S. Government Securities Business Day immediately prior thereto, in each case, plus the SOFR Adjustment for such Interest Period; and