(v) all obligations of such Person to reimburse any bank or other
Person in respect of amounts paid under a letter of credit; and
(vi) all Debt of others the payment of which is guaranteed by such
“Exchange Act” means the U.S. Securities Exchange Act of 1934, as
“Funded Debt” means any obligation for the payment of borrowed
money with an initial term longer than one year.
“Governmental Authority” means the government of the United States,
Ireland, the United Kingdom or any other nation, or of any
political subdivision thereof, whether state or local, and any
agency, authority, instrumentality, regulatory body, court, central
bank or other entity exercising executive, legislative, judicial,
taxing, regulatory or administrative powers or functions of or
pertaining to government (including any supra-national bodies such
as the European Union or the European Central Bank).
“Guarantee” means, with respect to any Debt Securities,
(i) guarantees of the payment obligations with respect to such
Debt Securities and (ii) guarantees of guarantees described in
clause (i) of this definition.
“Guarantor” means (i) in the case of Debt Securities of Linde
plc, unless the prospectus supplement specifies otherwise,
(x) Praxair and (y) Linde GmbH, (ii) in the case of
Debt Securities of Praxair, (x) Linde plc and (y) unless
the prospectus supplement specifies otherwise, Linde GmbH, and
(iii) in the case of Debt Securities of Linde Finance,
(x) Linde plc and (y) unless the prospectus supplement
specifies otherwise, Linde GmbH and Praxair.
“Indenture” means, with respect to any Debt Securities, the
indenture under which such Debt Securities are issued, together
with each supplemental indenture to such indenture, to the extent
such supplemental indenture relates to such Debt Securities.
“Issuer” means, with respect to any Debt Securities, Linde plc,
Praxair, or Linde Finance, as applicable, in its capacity as the
issuer of such Debt Securities.
“Lien” means, with respect to any asset, any mortgage, lien,
pledge, charge or security interest in respect of such asset.
“Material Subsidiary” means, with respect to any Debt Securities,
(i) each Obligor in respect of such Debt Securities and
(ii) any one or more Wholly-Owned Subsidiaries of the Company
having combined Net Tangible Assets representing more than 10% of
Consolidated Net Tangible Assets.
“Net Tangible Assets” means, as to any Person, its gross assets,
net of depreciation and other proper reserves, less its goodwill
and other intangible assets.
“Obligor” means, with respect to any Debt Securities, the Issuer
and the Guarantor(s) of such Debt Securities or any Guarantee
“Permitted Jurisdictions” means United States of America, the
United Kingdom, any member state of the European Union, Bermuda,
Cayman Islands, British Virgin Islands, Gibraltar, the British
Crown Dependencies, any member country of the Organization for
Economic Co-operation and
Development, or any political subdivision of any of the
“Person” means an individual, a corporation, a partnership, an
association, a trust or any other entity or organization, including
a government or political subdivision or an agency or