expense or trade payable; or (d) any lease of property by the Guarantor, the Company or any Consolidated Subsidiary as lessee which is reflected in the Consolidated Financial Statements as a
financing lease in accordance with GAAP, but excluding any operating leases in accordance with GAAP to the extent, in the case of indebtedness under (a) through (d) above, that any such items (other than letters of credit) would appear as
a liability in the Consolidated Financial Statements in accordance with GAAP. Indebtedness also includes, to the extent not otherwise included, any obligation by the Guarantor, the Company or any Consolidated Subsidiary to be liable for, or to pay,
as obligor, guarantor or otherwise (other than for purposes of collection in the ordinary course of business), indebtedness of another Person (other than the Guarantor, the Company or any Consolidated Subsidiary) of the type described in
clauses (a)-(d) of this definition.
Intercompany Indebtedness means Indebtedness to which the only parties
are any of the Guarantor, the Company and any Consolidated Subsidiary; provided, however, that with respect to any such Indebtedness of which the Guarantor or the Company is the borrower, such Indebtedness is subordinate in right of
payment to the Securities of any series issued under the Indenture.
Interest Expense means, for any period of time,
the maximum amount payable for interest on, and original issue discount of, Indebtedness, determined in accordance with GAAP.
Par Call Date means September 15, 2028 (one month prior to the Stated Maturity of the Notes).
Redemption Date, with respect to any Note or portion thereof to be redeemed, means the date fixed for such redemption
pursuant to the Indenture or such Note.
Secured Debt means, as of any date, that portion of principal amount of
outstanding Indebtedness, excluding Intercompany Indebtedness, of the Guarantor, the Company and the Consolidated Subsidiaries as of that date that is secured by a mortgage, trust deed, deed of trust, deeds to secure Indebtedness, pledge, security
interest, assignment for collateral purposes, deposit arrangement, or other security agreement, excluding any right of setoff but including, without limitation, any conditional sale or other title retention agreement, any financing lease having
substantially the same economic effect as any of the foregoing, and any other like agreement granting or conveying a security interest, but excluding any operating leases in accordance with GAAP.
Total Assets means, as of any time, the sum of, without duplication, Undepreciated Real Estate Assets and all other assets,
excluding accounts receivable and intangibles, of the Guarantor, the Company and the Consolidated Subsidiaries, all determined in accordance with GAAP.
Total Unencumbered Assets means, as of any time, the sum of, without duplication, those Undepreciated Real Estate Assets
which are not subject to a lien securing Indebtedness and all other assets, excluding accounts receivable and intangibles, of the Guarantor, the Company and the Consolidated Subsidiaries not subject to a lien securing Indebtedness, all determined in
accordance with GAAP; provided, however, that all investments by the Guarantor, the Company or the Consolidated Subsidiaries in unconsolidated joint ventures, unconsolidated limited partnerships, unconsolidated limited liability
companies and other nonconsolidated entities shall be excluded from Total Unencumbered Assets to the extent that such investments would have otherwise been included.
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