dollar limitation described below, such subordination provisions shall permit the payment of interest and principal in cash if no Event of Default has occurred) and (ii) the aggregate amount
of all cash payments (whether principal or interest) made by the Company in respect of such notes since the Issue Date, when combined with the aggregate amount of Restricted Payments made pursuant to clause (6) of Section 4.07(b) since the
Issue Date, shall not exceed $10 million;
(19) Indebtedness consisting of obligations of the Company or the Restricted
Subsidiaries under deferred compensation or other similar arrangements incurred by such Person in connection with any Investment expressly permitted under Section 4.07;
(20) Indebtedness consisting of (i) the financing of insurance premiums or (ii) take-or-pay obligations contained in
supply arrangements, in each case, in the ordinary course of business;
(21) Acquired Debt and other Indebtedness of
Persons outstanding on the date on which such Person became a Restricted Subsidiary or was acquired by, or merged into, the Company or any of its Restricted Subsidiaries or incurred or issued to finance a merger, consolidation or other acquisition;
provided, however, that (A) at the time such Person is acquired, either (i) the Company would have been able to incur at least $1.00 of additional Indebtedness pursuant to Section 4.09(a) on a pro forma basis after
giving effect to the incurrence of such Acquired Debt or Indebtedness pursuant to this clause (21) or (ii) on a pro forma basis, the Consolidated Coverage Ratio of the Company and its Restricted Subsidiaries would be higher than such ratio
immediately prior to such merger, consolidation or acquisition or (B) such Indebtedness is Indebtedness of a Restricted Subsidiary that existed at the time such Person became a Subsidiary and was not created in anticipation or contemplation
(22) Indebtedness, Disqualified Capital Stock or preferred stock of the Company to the extent the net
proceeds thereof are promptly deposited to defease the Notes as described under Article 8 of this Indenture; and
Indebtedness (including, without limitation, Support Agreements) used to finance, or incurred or issued for the purpose of (or in the case of Support Agreements, incurred in connection with) financing, Expansion Capital Expenditures or Development
Projects (including Permitted Refinancing Indebtedness in respect thereof) in an aggregate principal amount, including all Permitted Refinancing Indebtedness Incurred to repay, redeem, extend, refinance, renew, replace, defease or refund any
Indebtedness Incurred pursuant to this clause (23), not to exceed $500 million at any time outstanding provided that no Default or Event of Default then exists or would result therefrom.
For purposes of this definition, it is understood that the Company may rely on internal or publicly reported financial reports even though
there may be subsequent adjustments (including review and audit adjustments) to such financial statements. For avoidance of doubt, any incurrence of Permitted Indebtedness which is based upon or made in reliance on a computation based on such
internal or publicly reported financial statements shall be deemed to continue to comply with the applicable covenant, notwithstanding any subsequent adjustments that may result in changes to such internal or publicly reported financial statements.
All Indebtedness under the Bank Credit Agreement outstanding on the Issue Date shall be deemed to have been incurred under clause (b)(3) of this Section 4.09 and the Company and its Restricted Subsidiaries shall not be permitted to
reclassify all or any portion of such Indebtedness.