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.
Newly Created Subsidiary means a newly created direct or indirect Subsidiary of us that is formed or organized after
the Issue Date; provided that neither we nor any of our Subsidiaries shall have transferred, or may in the future transfer, any assets (other than cash or cash equivalents) to such Newly Created Subsidiary for so long as such Newly Created
Subsidiary remains designated as an Unrestricted Subsidiary.
Officers Certificate means, with respect to any Person, a certificate signed by the chairman of the Board of Directors, the chief executive officer, the president, the chief
operating officer, the chief financial officer, or any vice president and by the treasurer, any assistant treasurer, the controller, any assistant controller, the secretary or any assistant secretary of such Person in accordance with the applicable
provisions of the indenture.
Amount means, on any date, an amount equal to 3.5 times Adjusted EBITDA as of the most recent fiscal quarter for which our financial statements are internally available immediately preceding such date.
Permitted Liens means:
||Liens in favor of us or our Subsidiaries; |
||Liens existing on the Issue Date (other than those securing the SpectraSite ABS Facility) and renewals and replacements thereof; |
||Liens for taxes, assessments or governmental charges or claims that are not yet delinquent or that are being contested in good faith by appropriate proceedings promptly
instituted and diligently conducted; provided that any reserve or other appropriate provision as shall be required in conformity with GAAP shall have been made therefor; |
||Liens of carriers, warehousemen, mechanics, vendors (solely to the extent arising by operation of law), laborers and materialmen incurred in the ordinary course of
business for sums not yet due or being diligently contested in good faith, if reserves or appropriate provisions shall have been made therefor; |
||Liens incurred in the ordinary course of business in connection with workers compensation and unemployment insurance, social security obligations, assessments or
government charges which are not overdue for more than 60 days; |
||restrictions on the transfer of Licenses or assets of us or any of our Subsidiaries imposed by any of the Licenses as in effect on the Issue Date or imposed by the
Communications Act of 1934, any similar or successor federal statute or the rules and regulations of the Federal Communications Commission (or other similar or successor agency of the federal government administering such Act or successor statute)
thereunder, all as the same may be in effect from time to time; |
||Liens arising by operation of law in favor of purchasers in connection with the sale of an asset; provided, however, that such Lien only encumbers the property
being sold; |
||Liens to secure performance of statutory obligations, surety or appeal bonds, performance bonds, bids or tenders; |
||Liens in connection with escrow or security deposits made in connection with any acquisition of assets; |
Liens securing Indebtedness since the Issue Date represented by Capital Lease Obligations, mortgage financings or purchase money obligations, in each
case incurred for the purpose of financing all or any part of the purchase price or cost of construction or improvement of property, plant or equipment used