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component of all payments associated with Capital Lease Obligations, imputed interest with respect to Attributable Debt, commissions, discounts and other fees and charges incurred in respect of
letter of credit or bankers’ acceptance financings, and net of the effect of all payments made or received pursuant to Hedging Obligations in respect of interest rates; plus |
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(2) |
the consolidated interest expense of such Person and its Restricted Subsidiaries that was capitalized during such period; plus |
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(3) |
any interest on Indebtedness of another Person that is guaranteed by such Person or one of its Restricted Subsidiaries or secured by a Lien on assets of such Person or one of its Restricted Subsidiaries, whether or not
such guarantee or Lien is called upon; plus |
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(4) |
all dividends, whether paid or accrued and whether or not in cash, on any series of Disqualified Equity of such Person or any of its Restricted Subsidiaries, other than dividends on Equity Interests payable solely in
Equity Interests of Sunoco LP (other than Disqualified Equity) or to Sunoco LP or a Restricted Subsidiary of Sunoco LP; minus |
(B) to the extent included in (A) above, write-offs of deferred financing costs of such Person and its Restricted Subsidiaries during such period
and any charge related to, or any premium or penalty paid in connection with, paying any such Indebtedness of such Person and its Restricted Subsidiaries prior to its Stated Maturity.
“GAAP” means generally accepted accounting principles in the United States, as in effect on the date of the Indenture.
“General Partner” means Sunoco GP LLC, a Delaware limited liability company, and its successors and permitted assigns as
general partner of Sunoco LP or as the business entity with the ultimate authority to manage the business and operations of Sunoco LP.
“Government Securities” means direct obligations of, or obligations guaranteed by, the United States of America for the
payment of which guarantee or obligations the full faith and credit of the United States of America is pledged.
“guarantee” means a guarantee other than by endorsement of negotiable instruments for collection in the ordinary course of
business, direct or indirect, in any manner including by way of a pledge of assets or through letters of credit or reimbursement agreements in respect thereof, of all or any part of any Indebtedness.
“Guarantors” means each of:
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(1) |
the Subsidiaries of Sunoco LP executing the Indenture as initial Guarantors; and |
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(2) |
any other Subsidiary of Sunoco LP that becomes a Guarantor in accordance with the provisions of the Indenture, |
and their respective successors and assigns, in each case, until the Note Guarantee of such Person has been released in accordance with the provisions of the
Indenture.
“Hedging Obligations” means, with respect to any specified Person, the obligations of such Person under:
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(1) |
interest rate swap agreements (whether from fixed to floating or from floating to fixed), interest rate cap agreements and interest rate collar agreements entered into with one or more financial institutions and
designed to reduce costs of borrowing or to protect the Person or any of its Restricted Subsidiaries entering into the agreement against fluctuations in interest rates with respect to Indebtedness incurred; |
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(2) |
other agreements or arrangements designed to manage interest rates or interest rate risk; |
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