(6) any nonrecurring charges relating to any premium or penalty paid, write off of deferred finance costs or other charges in connection with redeeming or retiring any Indebtedness prior to its Stated Maturity will be excluded.
“Consolidated Net Tangible Assets” means, with respect to any Person at any date of determination, the aggregate amount of total assets included in such Person’s most recent quarterly or annual consolidated balance sheet prepared in accordance with GAAP less applicable reserves reflected in such balance sheet, after deducting the following amounts: (a) all current liabilities reflected in such balance sheet, and (b) all goodwill, trademarks, patents, unamortized debt discounts and expenses and other like intangibles reflected in such balance sheet.
“Consolidated Total Net Debt” means, as of any date of determination, (i) the outstanding aggregate principal amount of Indebtedness of the Company and its Restricted Subsidiaries, determined on a consolidated basis in accordance with GAAP, of the type described in clauses (1), (2), (3) and (5) of the definition of “Indebtedness,” minus (ii) cash and Cash Equivalents of the Company and the Restricted Subsidiaries on such date.
“Corporate Trust Office of the Trustee” means the office of the Trustee at which at any time its corporate trust business shall be administered, which office at the date hereof is located at Wilmington Trust, National Association, Global Capital Markets, 50 South Sixth Street, Suite 1290, Minneapolis, Minnesota 55402, Attn: Calumet Specialty Products Partners, L.P., or such other address as the Trustee may designate from time to time by notice to the Holders and the Issuers, or the principal corporate trust office of any successor Trustee (or such other address as a successor Trustee may designate from time to time by notice to the Holders and the Issuers).
“Credit Agreement” means that certain Third Amended and Restated Credit Agreement, dated as of February 23, 2018, among the Company and certain of its subsidiaries, as borrowers, certain of its other subsidiaries as guarantors, certain financial institutions party thereto from time to time, as lenders, and Bank of America, N.A., as Agent, including any related notes, guarantees, collateral documents, instruments and agreements executed in connection therewith, and in each case as amended, restated, modified, renewed, refunded, replaced or refinanced from time to time.
“Credit Facilities” means (i) one or more debt facilities (including, without limitation, the Credit Agreement), commercial paper facilities, loan agreements, or other financing agreements in each case the majority of the loans or commitments under which, as of the date of the closing of such facilities or agreements, are provided by commercial banks, by affiliates of commercial banks customarily engaging in making or providing commercial loans or other financing, or by governmental authorities, and which facilities or agreements provide for revolving credit loans, term loans, or letters of credit or similar financing arrangements in each case, as amended, restated, modified, renewed, refunded, replaced or refinanced in whole or in part from time to time, and (ii) one or more indentures providing for the sale or issuance of debt securities to institutional investors; provided that immediately after giving effect to the incurrence of the Indebtedness under such indentures and the application of the proceeds thereof, the majority of the outstanding Indebtedness (including the Indebtedness under such indentures) and undrawn commitments that could then be incurred by the Company under the terms of such Credit Facility, in each case pursuant to clause (1) of the definition of “Permitted Debt,” are provided by commercial banks, by affiliates of commercial banks customarily engaging in making or providing commercial loans or other financing, or by governmental authorities, as amended, restated, modified, renewed, refunded, replaced or refinanced in whole or in part from time to time.
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