BKS » Topics » Incurred

This excerpt taken from the BKS 8-K filed Oct 1, 2009.
Incurred” will have meanings correlative to the foregoing).
Indebtednessof any Person means, without duplication, (a) all obligations of such Person for borrowed money or with respect to deposits or advances of any kind, (b) all obligations of such Person evidenced by bonds, debentures, notes or similar instruments, (c) all obligations of such Person on which interest charges are customarily paid, (d) all obligations of such Person under conditional sale or other title retention agreements relating to property acquired by such Person, (e) all obligations of such Person in respect of the deferred purchase price of property or services (excluding current accounts payable incurred in the ordinary course of business), (f) all Indebtedness of others secured by (or for which the holder of such Indebtedness has an existing right, contingent or otherwise, to be secured by) any Lien on property owned or acquired by such Person, whether or not the Indebtedness secured thereby has been assumed, (g) all Guarantees by such Person of Indebtedness of others, and (h) all obligations under Capitalized Leases.
Initial Guarantors” shall mean the Subsidiaries that are co-borrowers or guarantors on the date hereof under the Credit Agreement.

Insolvency Proceedings” has the meaning specified in Section 7(e).
Interest Charge Coverage Ratio” means, as of any date of determination, the ratio of (a) Consolidated EBITDA for the Measurement Period ending on such date to (b) Consolidated Total Interest Expense for such Measurement Period.
This excerpt taken from the BKS 8-K filed Aug 10, 2009.
Incurred” will have meanings correlative to the foregoing).



Oct 1, 2009
Aug 10, 2009


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