(ii) other than with respect to Permitted Convertible Indebtedness incurred in reliance on Section 7.02(j)(i)(y), such Indebtedness has a final maturity date no earlier than the final maturity date of, and has a Weighted Average Life to Maturity equal to or greater than the remaining Weighted Average Life to Maturity of, the Indebtedness being exchanged, extended, refinanced, renewed, replaced, defeased or refunded;
(iii) such Indebtedness shall not have obligors that were not obligors in respect of the Indebtedness being exchanged, extended, refinanced, renewed, replaced, defeased or refunded unless such obligors would be permitted to otherwise incur such Indebtedness hereunder;
(iv) if such Indebtedness being exchanged, extended, refinanced, renewed, replaced, defeased or refunded is expressly subordinated in right of payment to the Obligations (other than Indebtedness assumed or acquired in an acquisition and not created in contemplation thereof), such new, extension, refinancing, renewal, replacement, defeasance or refunding Indebtedness shall be subordinated in right of payment to the Obligations on terms, taken as a whole, at least as favorable (in the good faith judgment of the Company) to the Lenders as those contained in the documentation governing the Indebtedness being exchanged, extended, refinanced, renewed, replaced, defeased or refunded; and
(v) no Event of Default shall have occurred and be continuing.
Permitted Warrant Transaction: any warrant issued by the Company concurrently with the purchase, by the Company, of a Permitted Bond Hedge Transaction for the purpose of offsetting the cost of such Permitted Bond Hedge Transaction.
Person: an individual, partnership, corporation, limited liability company, business trust, joint stock company, trust, unincorporated association, joint venture, Governmental Authority or other entity of whatever nature.
Plan: at a particular time, any employee benefit plan that is covered by ERISA and in respect of which the Company or a Commonly Controlled Entity is (or, if such plan were terminated at such time, would under Section 4069 of ERISA be deemed to be) an employer as defined in Section 3(5) of ERISA.
Platform: as defined in Section 10.02.
Pledged Stock: as defined in Guarantee and Collateral Agreement, which, in the case of CFCs and CFC Holding Companies, shall be limited to a pledge of 65% of the voting Capital Stock of first-tier CFCs or CFC Holding Companies.
Prime Rate: the rate of interest per annum publicly announced from time to time by JPMorgan Chase Bank, N.A. as its prime rate in effect at its office located at 270 Park Avenue, New York, New York; each change in the Prime Rate shall be effective from and including the date such change is publicly announced as being effective.
Proceeding: any claim, litigation, investigation, action, suit, arbitration or administrative, judicial or regulatory action or proceeding in any jurisdiction.