if and to the extent any of the preceding items (other than letters of credit and
obligations under Interest Rate Agreements, Commodity Agreements and Currency Agreements) would appear as a liability upon a balance sheet of such Person prepared in accordance with GAAP. In addition, the term Indebtedness includes all
Indebtedness of others secured by a Lien on any asset of such Person whether or not such Indebtedness is assumed by such Person (the amount of such Indebtedness as of any date being deemed to be the lesser of the Fair Market Value of such property
or assets as of such date or the principal amount of such Indebtedness of such other Person so secured) and, to the extent not otherwise included, the Guarantee by such Person of any Indebtedness of any other Person.
The amount of any Indebtedness outstanding as of any date
shall be:
|
(1)
|
|
the accreted value of the Indebtedness, in the case of any Indebtedness issued with original issue discount; and
|
|
(2)
|
|
the principal amount of the Indebtedness, together with any interest on the Indebtedness that is more than 30 days past due, in the case of any other Indebtedness.
|
Independent Investment
Banker means one of the Reference Treasury Dealers appointed by us.
Interest Expense means, for any period, all cash interest expense (including imputed interest with respect to Capital Lease Obligations and commitment fees) with respect to any of our
Indebtedness and our Subsidiaries Indebtedness on a consolidated basis during such period pursuant to the terms of such Indebtedness.
Interest Rate Agreement of any Person means any interest rate protection agreement, interest rate future agreement,
interest rate option agreement, interest rate swap agreement, interest rate cap agreement, interest rate collar agreement, interest rate hedge agreement, option or future contract or other similar agreement or arrangement as to which such Person is
a party.
Investment Grade
Rating means a rating equal to or greater than BBB- by S&P and Fitch and Baa3 by Moodys or the equivalent thereof under any new ratings system if the ratings system of any such agency shall
be modified after the Issue Date, or the equivalent rating or any other Ratings Agency selected by us as provided in the definition of Ratings Agency.
Issue Date means June 3, 2020.
Licenses means, collectively, any telephone, microwave, radio transmissions, personal communications or other license,
authorization, certificate of compliance, franchise, approval or permit, whether for the construction, ownership or operation of any communications tower facilities, granted or issued by the Federal Communications Commission (or other similar or
successor agency of the federal government administering the Communications Act of 1934 or any similar or successor federal statute) and held by us or any of our Subsidiaries.
Lien means, with respect to any property
or assets, including Capital Stock, any mortgage, lien, pledge, charge, security interest or encumbrance of any kind in respect of such asset, whether or not filed, recorded or otherwise perfected under applicable law (including any conditional sale
or other title retention agreement, any lease in the nature thereof, any option or other agreement to sell or give a security interest in and any filing of or agreement to give any financing statement under the Uniform Commercial Code (or equivalent
statutes) of any jurisdiction).
Moodys means Moodys Investors Services, Inc. or any successor to the rating agency business thereof.
Net Income means, for any
period of determination, net income (loss) of us and our Subsidiaries, on a consolidated basis, determined in accordance with GAAP.
S-28