Common use of Bank Product Clause in Contracts

Bank Product. any of the following products, services or facilities extended to any Borrower or Guarantor by any Lender or any Affiliate of a Lender: (a) Cash Management Services; (b) products under Hedging Agreements; (c) commercial credit card and merchant card services; and (d) leases and other banking products or services as may be requested by any Borrower or Guarantor, other than Letters of Credit; provided, however, that for any of the foregoing to be included as an “Obligation” for purposes of a distribution under Section 5.6.1, the applicable Secured Party and Obligor must have previously provided written notice to Agent of (i) the existence of such Bank Product, (ii) the maximum dollar amount of obligations arising thereunder to be included as a Bank Product Reserve (“Bank Product Amount”), and (iii) the methodology to be used by such parties in determining the Bank Product Debt owing from time to time. The Bank Product Amount may be changed from time to time upon written notice to Agent by the Secured Party and Obligor. No Bank Product Amount may be established or increased at any time that a Default or Event of Default exists, or if a reserve in such amount would cause an Overadvance. Bank Product Amount: as defined in the definition of Bank Product. Bank Product Debt: Debt and other obligations of an Obligor relating to Bank Products. Bank Product Reserve: the aggregate amount of reserves established by Agent from time to time in its reasonable discretion in respect of Bank Product Debt. Bankruptcy Code: Title 11 of the United States Code. Base Rate: for any date of determination, the greatest of (a) the rate of interest in effect for such day as announced by Bank of America from time to time as its “prime rate”, (b) the Federal Funds Rate, plus 0.50% per annum, and (c) LIBOR for an Interest Period of one month commencing on such date, plus 1.00% per annum. The “prime rate” is a rate set by Bank of America based upon various factors including its costs and desired return, general economic conditions and other factors, and is used as a reference point for pricing some loans, which may be priced at, above or below such announced rate. Any change in the “prime rate” announced by Bank of America shall take effect at the opening of business on the day specified in the public announcement of such change.

Bank Product. any of the following products, services services, or facilities extended to any Borrower or Guarantor Subsidiary by any a Lender or any Affiliate of a Lenderits Affiliates: (a) Cash Management Services; (b) products under Hedging Agreements; (c) commercial credit card and merchant card services; and (d) foreign exchange agreements; and (e) leases and or other banking products or services as may be requested by any Borrower or GuarantorSubsidiary, other than Letters of Credit; provided, however, that for any of the foregoing to be included as an “"Obligation” " for purposes of a distribution under Section 5.6.1, the applicable Secured Party and Obligor must have previously provided written notice to Agent of (i) the existence of such Bank Product, (ii) the maximum dollar amount of obligations arising thereunder to be included as a Bank Product Reserve (“Bank Product Amount”), and (iii) the methodology to be used by such parties in determining the Bank Product Debt owing from time to time. The Bank Product Amount may be changed from time to time upon written notice to Agent by the Secured Party and Obligor. No Bank Product Amount may be established or increased at any time that a Default or Event of Default exists, or if a reserve in such amount would cause an Overadvance. Bank Product Amount: Amount - as defined in the definition of Bank Product. Bank Product Debt: Debt – Indebtedness and other obligations of an Obligor relating to Bank Products. Bank Product Reserve: the aggregate amount of reserves established by Agent from time to time in its reasonable discretion in respect of Bank Product Debt. Bankruptcy Code: Code – Title 11 of the United States Code. Base Rate: Rate – for any date of determinationday, a per annum rate equal to the greatest greater of (a) the rate of interest in effect for such day as announced by Bank of America from time to time as its “prime rate”, rate for such day or (b) the Federal Funds Rate, plus 0.50% per annum, and (c) LIBOR for an Interest Period of one month commencing a 30 day interest period as determined on such date, plus 1.00% per annumday. The “prime rate” rate described in clause (a) preceding is a reference rate set by only and Bank of America based upon various factors including its costs and desired return, general economic conditions and may make loans or other factors, and is used as a reference point for pricing some loans, which may be priced extensions of credit at, above above, or below such announced raterate of interest. Any change in the “prime rate” rate announced by Bank of America shall take effect at the opening of business on the effective day specified in the public announcement of the change. Base Rate Revolving Loan – a Revolving Loan that bears interest based on the Base Rate. Beneficial Owner – as assigned to such changeterm in Rule 13d-3 and Rule 13d-5 under the Exchange Act, except that in calculating the beneficial ownership of any particular “person” (as such term is used in Section 13(d)(3) of the Exchange Act), such “person” shall be deemed to have beneficial ownership of all securities that such “person” has the right to acquire, whether such right is currently exercisable or is exercisable only upon the occurrence of a subsequent condition. Board of Governors – the Board of Governors of the Federal Reserve System.

Bank Product. any of the following products, services services, or facilities extended to any Borrower or Guarantor Subsidiary by any a Lender or any Affiliate of a Lenderits Affiliates: (a) Cash Management Services; (b) products under Hedging Agreements; (c) commercial credit card and merchant card services; and (d) foreign exchange agreements; and (e) leases and or other banking products or services as may be requested by any Borrower or GuarantorSubsidiary, other than Letters of Credit; provided, however, that for any of the foregoing to be included as an “Obligation” for purposes of a distribution under Section 5.6.1, the applicable Secured Party and Obligor must have previously provided written notice to Agent of (i) the existence of such Bank Product, (ii) the maximum dollar amount of obligations arising thereunder to be included as a Bank Product Reserve (“Bank Product Amount”), and (iii) the methodology to be used by such parties in determining the Bank Product Debt owing from time to time. The Bank Product Amount may be changed from time to time upon written notice to Agent by the Secured Party and Obligor. No Bank Product Amount may be established or increased at any time that a Default or Event of Default exists, or if a reserve in such amount would cause an Overadvance. Bank Product Amount: —as defined in the definition of Bank Product. Bank Product Debt: Debt – Indebtedness and other obligations of an Obligor relating to Bank Products. Bank Product Reserve: the aggregate amount of reserves established by Agent from time to time in its reasonable discretion in respect of Bank Product Debt. Bankruptcy Code: Code – Title 11 of the United States Code. AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT – Page 3 Base Rate: Rate – for any date of determinationday, a per annum rate equal to the greatest greater of (a) the rate of interest in effect for such day as announced by Bank of America from time to time as its “prime rate”, rate for such day or (b) the Federal Funds Rate, plus 0.50% per annum, and (c) LIBOR for an Interest Period of one month commencing a 30 day interest period as determined on such date, plus 1.00% per annumday. The “prime rate” rate described in clause (a) preceding is a reference rate set by only and Bank of America based upon various factors including its costs and desired return, general economic conditions and may make loans or other factors, and is used as a reference point for pricing some loans, which may be priced extensions of credit at, above above, or below such announced raterate of interest. Any change in the “prime rate” rate announced by Bank of America shall take effect at the opening of business on the effective day specified in the public announcement of the change. Base Rate Revolving Loan – a Revolving Loan that bears interest based on the Base Rate. Beneficial Owner – as assigned to such changeterm in Rule 13d-3 and Rule 13d-5 under the Exchange Act, except that in calculating the beneficial ownership of any particular “person” (as such term is used in Section 13(d)(3) of the Exchange Act), such “person” shall be deemed to have beneficial ownership of all securities that such “person” has the right to acquire, whether such right is currently exercisable or is exercisable only upon the occurrence of a subsequent condition. Board of Governors – the Board of Governors of the Federal Reserve System.

Bank Product. any of the following products, services or facilities extended to any Borrower or Guarantor Subsidiary by any Lender or any Affiliate of a Lenderits Affiliates: (a) Cash Management Services; (b) products under Hedging Agreements; (c) commercial credit card and merchant card services; and (d) leases and other banking products or services as may be requested by any Borrower or GuarantorSubsidiary, other than Letters of Credit; provided, however, that for any of the foregoing to be included as an “Obligation” for purposes of a distribution under Section 5.6.1, the applicable Secured Party and Obligor must have previously provided written notice to Agent of (i) the existence of such Bank Product, (ii) the maximum dollar amount of obligations arising thereunder to be included as a Bank Product Reserve (“Bank Product Amount”), and (iii) the methodology to be used by such parties in determining the Bank Product Debt owing from time to time. The Bank Product Amount may be changed from time to time upon written notice to Agent by the Secured Party and Obligor. No Bank Product Amount may be established or increased at any time that a Default or Event of Default exists, or if a reserve in such amount would cause an Overadvance. Bank Product Amount: as defined in the definition of Bank Product. Bank Product Debt: Debt and other obligations of an Obligor relating to Bank Products. Bank Product Reserve: the aggregate amount of reserves established by Agent from time to time in its reasonable discretion in respect of Bank Product Debt, which shall be at least equal to the sum of all Bank Product Amounts. Bankruptcy Code: Title 11 of the United States Code. Base Rate: for any date of determinationday, a per annum rate equal to the greatest greater of (a) the rate of interest in effect Prime Rate for such day as announced by Bank of America from time to time as its “prime rate”, day; (b) the Federal Funds RateRate for such day, plus 0.50% per annum, and %; or (c) LIBOR for an Interest Period of one month commencing a 30 day interest period as determined on such dateday, plus 1.00% per annum. The “prime rate” is a rate set by Bank of America based upon various factors including its costs and desired return, general economic conditions and other factors, and is used as a reference point for pricing some loans, which may be priced at, above or below such announced rate. Any change in the “prime rate” announced by Bank of America shall take effect at the opening of business on the day specified in the public announcement of such change1.50%.