Borrower Stock Pledge Agreement. The Second Amended and Restated Stock -------- ----- ------ --------- Pledge Agreement, dated as of the date hereof, between the Borrower and the Agent, as the same may be amended, restated, supplemented or modified and in effect from time to time. Business Day. Any day (other than Saturdays or Sundays) on which banking -------- --- institutions in Boston, Massachusetts and Chicago, Illinois are open for the transaction of banking business. Capital Assets. Fixed assets, both tangible (such as land, buildings, ------- ------ fixtures, machinery and equipment and intangible (such as patents, copyrights, trademarks, franchises and good will) and including without duplication, the capital portion of lease payments made in respect of Capitalized Leases; provided that Capital Assets shall not include any item customarily charged -------- directly to expense or depreciated over a useful life of twelve (12) months or less in accordance with generally accepted accounting principles. Capital Expenditures. Amounts paid or indebtedness incurred by AmeriKing, ------- ------------ Holdings, the Borrower or any of their Subsidiaries in connection with (a) the purchase or lease by AmeriKing, Holdings, the Borrower or any of their Subsidiaries of Capital Assets that would be required to be capitalized and shown on the balance sheet of such Person in accordance with generally accepted accounting principles or (b) the lease of any assets by AmeriKing or any of its Subsidiaries as lessee under any Synthetic Lease to the extent that such asset would have been Capital Assets had the Synthetic Lease been treated for accounting purposes as a Capitalized Lease.
Borrower Stock Pledge Agreement. The Second Amended and Restated Stock Pledge Agreement, dated as of the date hereof, as the same may be amended from time to time hereafter, between the Borrower and the Administrative Agent, in form and substance satisfactory to the Banks and the Administrative Agent. Business Day. Any day on which banking institutions in Houston, Texas and New York, New York are open for the transaction of banking business and, in the case of Eurodollar Rate Loans, also a day which is a Eurodollar Business Day. Capital Assets. Fixed assets, both tangible (such as land, buildings, fixtures, machinery and equipment) and intangible (such as patents, copyrights, trademarks, franchises, licenses and good will); provided that Capital Assets shall not include any item customarily charged directly to expense or depreciated over a useful life of twelve (12) months or less in accordance with generally accepted accounting principles. Capital Expenditures. Amounts paid or indebtedness incurred by the Borrower or any of its Subsidiaries (other than Excluded Subsidiaries) in connection with the purchase or lease by the Borrower or any of its Subsidiaries of Capital Assets that would be required to be capitalized and shown on the balance sheet of such Person in accordance with generally accepted accounting principles. Capitalized Leases. Leases under which the Borrower or any of its Subsidiaries (other than Excluded Subsidiaries) is the lessee or obligor, the discounted future rental payment obligations under which are required to be capitalized on the balance sheet of the lessee or obligor in accordance with generally accepted accounting principles. CERCLA. See Section 8.18 hereof.
Borrower Stock Pledge Agreement. The Third Amended and Restated Borrower Stock Pledge Agreement, dated as of the date hereof, as the same may be amended from time to time hereafter, between the Borrower and the Administrative Agent, in form and substance satisfactory to the Banks and the Administrative Agent. Business Day. Any day on which banking institutions in Houston, Texas and New York, New York are open for the transaction of banking business and, in the case of Eurodollar Rate Loans, also a day which is a Eurodollar Business Day. Calculation Date. See Section 6.1.2 hereof. Capital Assets. Fixed assets, both tangible (such as land, buildings, fixtures, machinery and equipment) and intangible (such as patents, copyrights, trademarks, franchises, licenses and good will); provided that Capital Assets shall not include any item customarily charged directly to expense or depreciated over a useful life of twelve (12) months or less in accordance with generally accepted accounting principles. Capital Expenditures. Amounts paid or indebtedness incurred by the Borrower or any of its Subsidiaries (other than Excluded Subsidiaries) in connection with the purchase or lease by the Borrower or any of its Subsidiaries of Capital Assets that would be required to be capitalized and shown on the balance sheet of such Person in accordance with generally accepted accounting principles. Capitalized Leases. Leases under which the Borrower or any of its Subsidiaries (other than Excluded Subsidiaries) is the lessee or obligor, the discounted future rental payment obligations under which are required to be capitalized on the balance sheet of the lessee or obligor in accordance with generally accepted accounting principles.
Borrower Stock Pledge Agreement. The Stock Pledge Agreement, dated as of May 13, 1997, between Starter and the Administrative Agent, as amended and in effect from time to time.
