Common use of Canadian Security Documents Clause in Contracts

Canadian Security Documents. the General Security Agreement and the Quebec Security Documents, together with all security agreements, deeds of hypothec, pledge agreements or other collateral security agreements, instruments or documents (including Lien Waivers, Lien Priority Agreements and estoppel letters) entered into or to be entered into by any Loan Party pursuant to which such Loan Party grants or perfects a security interest in its assets to the Administrative Agent, including, without limitation PPSA and UCC financing statements and certified statements issued by the Québec Register of Personal and Movable Real Rights, required to be executed or delivered pursuant to any Canadian Security Document. Capital Adequacy Regulation – any law, rule, regulation, guideline, request or directive of any central bank or other Governmental Authority, whether or not having the force of law, regarding capital adequacy of a bank or any Person controlling a bank. Capital Assets – fixed assets, both tangible (such as land, buildings, fixtures, machinery and equipment) and intangible (such as patents, copyrights, trademarks, franchises and goodwill); 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 GAAP. Capital Block – as of any date of calculation after December 20, 2014, an amount equal to $12,500,000 minus the Seasonal Block, provided however, that such Capital Block shall be removed if the following conditions are satisfied: (i) Borrowers have delivered the required financial reporting statements for the period ending December 31, 2014 which demonstrates that the Loan Parties are in compliance with the financial covenant set forth in Section 10.2.27 and (ii) there are no Events of Default continuing on the date the financial reporting statements contemplated in paragraph (i) are delivered to the Agents and the Lenders. Capital Expenditures – amounts paid or Debt incurred by the Borrowers or any of their Subsidiaries in connection with (i) the purchase or lease by the Borrowers 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 GAAP or (ii) the lease of any assets by the Borrowers or any of their Subsidiaries as lessee under any synthetic lease to the extent that such assets would have been Capital Assets had the synthetic lease been treated for accounting purposes as a Capital Lease Capital Lease – any lease that is required to be capitalized for financial reporting purposes in accordance with GAAP.

Canadian Security Documents. the General Security Agreement and the Quebec Security Documents, together with all security agreements, deeds of hypothec, pledge agreements or other collateral security agreements, instruments or documents (including Lien Waivers, Lien Priority Agreements and estoppel letters) entered into or to be entered into by any Loan Party pursuant to which such Loan Party grants or perfects a security interest in its assets to the Administrative Agent, including, without limitation PPSA and UCC financing statements and certified statements issued by the Québec Register of Personal and Movable Real Rights, required to be executed or delivered pursuant to any Canadian Security Document. Capital Adequacy Regulation – - any law, rule, regulation, guideline, request or directive of any central bank or other Governmental Authority, whether or not having the force of law, regarding capital adequacy of a bank or any Person controlling a bank. Capital Assets – - fixed assets, both tangible (such as land, buildings, fixtures, machinery and equipment) and intangible (such as patents, copyrights, trademarks, franchises and goodwill); 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 GAAP. Capital Block – as of any date of calculation after December 20, 2014, an amount equal to $12,500,000 minus the Seasonal Block, provided however, that such Capital Block shall be removed if the following conditions are satisfied: (i) Borrowers have delivered the required financial reporting statements for the period ending December 31, 2014 which demonstrates that the Loan Parties are in compliance with the financial covenant set forth in Section 10.2.27 and (ii) there are no Events of Default continuing on the date the financial reporting statements contemplated in paragraph (i) are delivered to the Agents and the Lenders. Capital Expenditures – - amounts paid or Debt incurred by the Borrowers or any of their Subsidiaries in connection with (i) the purchase or lease by the Borrowers 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 GAAP or (ii) the lease of any assets by the Borrowers or any of their Subsidiaries as lessee under any synthetic lease to the extent that such assets would have been Capital Assets had the synthetic lease been treated for accounting purposes as a Capital Lease Capital Lease – - any lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Capital Stock - (a) in the case of a corporation, corporate stock; (b) in the case of an association or other business entity, any and all shares, interests, participations, rights or other equivalents (however designated) of corporate stock; (c) in the case of a partnership or limited liability company, partnership or membership interests (whether general or limited); and (d) any other interest or participation that confers on a Person the right to receive a share of the profits and losses of, or distributions of assets of, the issuing Person. Cash Collateral - cash, and any interest or other income earned thereon, that is delivered to the Administrative Agent to Cash Collateralize any Obligations. Cash Collateral Account - a demand deposit, money market or other account established by the Administrative Agent at such financial institution as the Administrative Agent may select in its discretion, which account shall be subject to the Administrative Agent’s perfected Liens for the benefit of the Secured Parties.

Canadian Security Documents. the General Security Agreement and the Quebec Security Documents, together with all security agreements, deeds of hypothec, pledge agreements or other collateral security agreements, instruments or documents (including Lien Waivers, Lien Priority Agreements and estoppel letters) entered into or to be entered into by any Loan Party pursuant to which such Loan Party grants or perfects a security interest in its assets to the Administrative Agent, including, without limitation PPSA and UCC financing statements and certified statements issued by the Québec Register of Personal and Movable Real Rights, required to be executed or delivered pursuant to any Canadian Security Document. Capital Adequacy Regulation – - any law, rule, regulation, guideline, request or directive of any central bank or other Governmental Authority, whether or not having the force of law, regarding capital adequacy of a bank or any Person controlling a bank. Capital Assets – - fixed assets, both tangible (such as land, buildings, fixtures, machinery and equipment) and intangible (such as patents, copyrights, trademarks, franchises and goodwill); 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 GAAP. Capital Block – as of any date of calculation after December 20, 2014, an amount equal to $12,500,000 minus the Seasonal Block, provided however, that such Capital Block shall be removed if the following conditions are satisfied: (i) Borrowers have delivered the required financial reporting statements for the period ending December 31, 2014 which demonstrates that the Loan Parties are in compliance with the financial covenant set forth in Section 10.2.27 and (ii) there are no Events of Default continuing on the date the financial reporting statements contemplated in paragraph (i) are delivered to the Agents and the Lenders. Capital Expenditures – - amounts paid or Debt incurred by the Borrowers or any of their Subsidiaries in connection with (i) the purchase or lease by the Borrowers 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 GAAP or (ii) the lease of any assets by the Borrowers or any of their Subsidiaries as lessee under any synthetic lease to the extent that such assets would have been Capital Assets had the synthetic lease been treated for accounting purposes as a Capital Lease Capital Lease – - any lease that is required to be capitalized for financial reporting purposes in accordance with GAAP.

Canadian Security Documents. the General Security Agreement and the Quebec Security Documents, together with all security agreements, deeds of hypothec, pledge agreements or other collateral security agreements, instruments or documents (including Lien Waivers, Lien Priority Agreements and estoppel letters) entered into or to be entered into by any Loan Party pursuant to which such Loan Party grants or perfects a security interest in its assets to the Administrative Agent, including, without limitation PPSA and UCC financing statements and certified statements issued by the Québec Register of Personal and Movable Real Rights, required to be executed or delivered pursuant to any Canadian Security Document. Capital Adequacy Regulation – any law, rule, regulation, guideline, request or directive of any central bank or other Governmental Authority, whether or not having the force of law, regarding capital adequacy of a bank or any Person controlling a bank. Capital Assets – fixed assets, both tangible (such as land, buildings, fixtures, machinery and equipment) and intangible (such as patents, copyrights, trademarks, franchises and goodwill); 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 GAAP. Capital Block – as of any date of calculation after December 20, 2014, an amount equal to $12,500,000 minus the Seasonal Block, provided however, that such Capital Block shall be removed if the following conditions are satisfied: (i) Borrowers have delivered the required financial reporting statements for the period ending December 31, 2014 which demonstrates that the Loan Parties are in compliance with the financial covenant set forth in Section 10.2.27 and (ii) there are no Events of Default continuing on the date the financial reporting statements contemplated in paragraph (i) are delivered to the Agents and the Lenders. Capital Expenditures – amounts paid or Debt incurred by the Borrowers or any of their Subsidiaries in connection with (i) the purchase or lease by the Borrowers 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 GAAP or (ii) the lease of any assets by the Borrowers or any of their Subsidiaries as lessee under any synthetic lease to the extent that such assets would have been Capital Assets had the synthetic lease been treated for accounting purposes as a Capital Lease Lease. Capital Lease – any lease that is required to be capitalized for financial reporting purposes in accordance with GAAP.