refinance, substitute, supplement, replace or add to (including increasing the amount available for borrowing or adding or removing any Person as a borrower, issuer or guarantor thereunder, in whole or in part), the borrowings and commitments then outstanding or permitted to be outstanding under such Credit Agreement or one or more successors to the Credit Agreement or one or more new credit agreements.
Credit Agreement Collateral Agent means Bank of America, N.A., a national banking association, or such other agent or trustee as is designated as such by the Credit Agreement Secured Parties pursuant to the terms of the Intercreditor Agreement and the Credit Agreement Documents.
Credit Agreement Collateral Documents means the security agreement Intercreditor Agreement, the intellectual property security agreements, the mortgages and each other agreement, instrument or other document entered into in favor of the Credit Agreement Collateral Agent or any other holders of Credit Agreement Obligations, for purposes of securing the Credit Agreement Obligations (including any Guarantees thereof), the Credit Agreement Collateral Documents and the Credit Agreement, as the same may be amended, extended, renewed, restated, refunded, replaced, refinanced, supplemented, modified or otherwise changed (in whole or in part, and without limitation as to amount, terms, conditions, covenants and other provisions) from time to time.
Credit Agreement Documents means the Credit Agreement, the Credit Agreement Collateral Documents and all other agreements or instruments evidencing or creating any security interest or Lien in favor of the Credit Agreement Collateral Agent and each guarantee by any Guarantor of any or all of the Credit Agreement Obligations.
Credit Agreement Obligations means all Obligations of the Issuer and the Guarantors under the Credit Agreement Documents.
Credit Facilities means (i) one or more debt facilities, including, without limitation, the Credit Agreement or other financing arrangements (including, without limitation, commercial paper facilities or indentures), in each case, providing for revolving credit loans, term loans, notes, bonds, debentures, 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), letters of credit or other indebtedness, including any notes, mortgages, guarantees, collateral documents, instruments and agreements executed in connection therewith, in each case, that is designated from time to time by the Issuer as a Credit Facility and as amended, modified, restated, renewed, increased, supplemented, extended, refunded, replaced (whether upon or after termination or otherwise) or refinanced (including by means of sales of debt securities) in whole or in part from time to time; (ii) debt securities, indentures or other forms of debt financing (including convertible or exchangeable debt instruments or bank guarantees or bankers acceptances), or (iii) instruments or agreements evidencing any other Indebtedness, in each case, with the same or different borrowers or issuers and, in each case, as amended, restated, amended and restated, supplemented, modified, extended, restructured, renewed, refinanced, restated, replaced or refunded in whole or in part from time to time whether with the original lenders or otherwise. The Credit Agreement hereby is designated by the Issuer as a Credit Facility.
Default means any event that is, or with the passage of time or the giving of notice or both would be, an Event of Default.
Definitive Note means a Note, other than a Global Note, issued in definitive, certificated form.
Derivative Instrument with respect to a Person, means any contract, instrument or other right to receive payment or delivery of cash or other assets to which such Person or any Affiliate of such Person that is acting in concert with such Person in connection with such Persons investment in the Notes (other than a Screened Affiliate) is a party (whether or not requiring further performance by such Person), the value and/or cash flows of which (or any material portion thereof) are materially affected by the value and/or performance of the Notes and/or the creditworthiness of the Issuer and/or any one or more of the Guarantors (the Performance References).
Designated Non-cash Consideration means the Fair Market Value of non-cash consideration received by the Issuer or any of its Restricted Subsidiaries in connection with an Asset Sale that is so designated as Designated Non-cash Consideration, less the amount of cash or Cash Equivalents received in connection with a subsequent sale of or conversion of or collection on such Designated Non-cash Consideration.