Net Income means, for the applicable period, for Parent and its
Subsidiaries on a consolidated basis, the net income (or loss) of Parent and its Subsidiaries on a consolidated basis for such period, in each case of Parent and its Subsidiaries on a consolidated basis for such period.
Non-Paying Guarantor has the meaning set forth in Section 8.10.
Non-U.S. Recipient has the meaning set forth in Section 9.1(e)(ii).
Notice of Borrowing has the meaning set forth in Section 1.4.
Obligations means all present and future Loans, advances, debts, liabilities, fees, expenses, obligations,
guaranties, covenants, duties and indebtedness at any time owing by any Borrower or any Loan Party to Lender, whether evidenced by this Agreement or any other Loan Document, whether arising from an extension of credit, opening of a Letter of Credit,
guaranty, indemnification or otherwise, whether direct or indirect (including those acquired by assignment and any participation by Lender in Borrowers indebtedness owing to others), whether absolute or contingent, whether due or to become
due, and whether arising before or after the commencement of a proceeding under the Bankruptcy Code or any similar statute.
Organic Documents means, with respect to any Person, the certificate of incorporation, articles of incorporation,
certificate of formation, certificate of limited partnership, by-laws, operating agreement, limited liability company agreement, limited partnership agreement or other similar governance document of such Person.
Other Connection Taxes means, with respect to any Recipient, Taxes imposed as a result of a present or former
connection between such Recipient and the jurisdiction imposing such Tax (other than connections arising from such Recipient having executed, delivered, become a party to, performed its obligations under, received payments under, received or
perfected a security interest under, engaged in any other transaction pursuant to or enforced any Loan Document, or sold or assigned an interest in any Loan or Loan Document).
Other Taxes means all present or future stamp, court or documentary, intangible, recording, filing or similar Taxes
that arise from any payment made under, from the execution, delivery, performance, enforcement or registration of, from the receipt or perfection of a security interest under, or otherwise with respect to, any Loan Document, except any such Taxes
that are Other Connection Taxes imposed with respect to an assignment.
Overadvance has the meaning set forth in
Section 1.7(a).
Parent has the meaning set forth in the Preamble hereto.
Participant has the meaning set forth in Section 10.10.
Paying Guarantor has the meaning set forth in Section 8.10.
PBGC means the Pension Benefit Guaranty Corporation.
Pension Act means the Pension Protection Act of 2006.
Pension Funding Rules means the rules of the Code and ERISA regarding minimum required contributions (including any
installment payment thereof) to Pension Plans and Multiemployer Plans and set forth in, with respect to plan years ending prior to the effective date of the Pension Act, Section 412 of the Code and Section 302 of ERISA, each as in effect
prior to the Pension Act and, thereafter, Section 412, 430, 431, 432 and 436 of the Code and Sections 302, 303, 304 and 305 of ERISA, and any sections of the Code or ERISA related thereto that are enacted after the date of this Agreement.
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