Common use of Capitalized Lease Obligation Clause in Contracts

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash that is delivered to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cash. Cash Collateral Account - demand deposit, money market or other account maintained with Lender and subject to Xxxxxx’s Liens. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’s, and having a maturity within 9 months after the date of acquisition thereof; and (v) shares of any money market fund that (a) has substantially all of its assets invested continuously in the types of investments referred to in clauses (i) - (iv), (b) has net assets not less than $500,000,000 and (c) has the highest rating obtainable from either Moody’s or S&P.

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash or Cash Equivalents, and any interest earned thereon, that is delivered to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cashdeposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders as security for the Obligations. Cash Collateral Account - a demand deposit, money market or other account maintained with Lender established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent's name and subject to Xxxxxx’s LiensAgent's Liens for the Pro Rata benefit of Lenders. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ ' acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’xXxxxx'x, and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’sXxxxx'x, and having a maturity within 9 months after the date of acquisition thereof; . Cash Management Agreements - any agreement entered into from time to time between a Borrower or any of its Subsidiaries, on the one hand, and (v) shares Bank or any of its Affiliates or any other banking or financial institution, on the other, in connection with cash management services for operating, collections, payroll and trust accounts of such Borrower or its Subsidiaries provided by such banking or financial institution, including automatic clearinghouse services, controlled disbursement services, electronic funds transfer services, information reporting services, lockbox services, stop payment services and wire transfer services. CERCLA - the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. and its implementing regulations. Change of Control - the occurrence of any money market fund that of the following events after the date of the Agreement: (a) has substantially all any Person or group shall own beneficially (as defined in Rule 13d-3 of its assets invested continuously in the types SEC under the Exchange Act or any successor provision thereto) more than 50% of investments referred to in clauses (i) - (iv), the aggregate Voting Power of Parent; (b) has net assets not less than $500,000,000 and during any period of 24 consecutive months, individuals who at the beginning of such period constituted the board of directors of a Borrower (together with any new director whose election by such board of directors or whose nomination for election by the shareholders of such Borrower was approved by vote of a majority of the directors of such Borrower then still in office who were directors at the beginning of such period or whose election or nomination for election was previously so approved) cease for any reason to constitute a majority of the board of directors of such Borrower then in office; or (c) has any "Change of Control," "Change in Control" or similar event or circumstance, however defined or designated, under any agreement or document governing any of the highest rating obtainable from either Moody’s Senior Subordinated Notes or S&P.any of the Senior Convertible Notes shall occur.

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash or Cash Equivalents, and any interest earned thereon, that is delivered to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cashdeposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders as security for the Obligations. Cash Collateral Account - a demand deposit, money market or other account maintained with Lender established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent’s name and subject to XxxxxxAgent’s LiensLiens for the Pro Rata benefit of Lenders. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’sXxxxx’x, and having a maturity within 9 months after the date of acquisition thereof; and (v) shares of any money market fund that (a) has substantially all of its assets invested continuously in the types of investments referred to in clauses (i) - (iv), (b) has net assets not less than $500,000,000 and (c) has the highest rating obtainable from either Moody’s or S&P..

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash or Cash Equivalents, and any interest earned thereon, that is delivered deposited with Lender in accordance with the Agreement as security for the Obligations to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cashthe extent provided in the Agreement. Cash Collateral Account - a demand deposit, money market or other account maintained with established by Lender at such financial institution as Lender may select in its discretion, which account shall be in Lender’s name and subject to XxxxxxLender’s Liens. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’sXxxxx’x, and having a maturity within 9 months after the date of acquisition thereof; . CERCLA - the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq. and its implementing regulations. Chapter 11 Case - as defined in the Recitals to the Agreement. Chattel Paper - shall have the meaning ascribed to the term “chattel paper” in the UCC. Claims - any and all claims, demands, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, awards, remedial response costs, expenses or disbursements of any kind or nature whatsoever (including reasonable attorneys’, accountants’, consultants’ or paralegals’ fees and expenses), whether arising under or in connection with the DIP Financing Documents, any Applicable Law (including any Environmental Laws) or otherwise, that may be suffered or incurred by a Person prior to, on or after the Petition Date and whether suffered or incurred in or as a result of any investigation, litigation, arbitration or other judicial or non-judicial proceeding or any appeals related thereto. Closing Date - the date on which all of the conditions precedent in Section 10.1 of the Agreement are satisfied and the initial Loans are made under the Agreement. Collateral - all of the Property and interests in Property of Borrower that are described in Section 6 of the Agreement, and all other Property and interests in Property that now or hereafter secure the payment and performance of any of the Obligations, whether or not such Property or interest in Property was in existence on or acquired by Borrower after the Petition Date. Commercial Tort Claim - shall have the meaning ascribed to “commercial tort claim” in the UCC. Commitment Termination Date - the date that is the soonest to occur of: (i) the last day of the DIP Term, (ii) the effective date of any Acceptable Plan or the date of entry of a Confirmation Order with respect to any other Reorganization Plan, (iii) the effective date of any sale of all or a substantial part of the Collateral, (iv) the date on which Lender terminates the DIP Facility pursuant to Section 5.2.1 of the Agreement, (v) shares the date on which Borrower elects to terminate the Agreement pursuant to Section 5.2.2 of any money market fund that the Agreement or (avi) has substantially all of its assets invested continuously the date on which Lender is granted relief from the automatic stay. Committee - a creditors’ or equity security holders’ committee appointed in the types of investments referred to in clauses (i) - (iv), (b) has net assets not less than $500,000,000 and (c) has Chapter 11 Case by the highest rating obtainable from either Moody’s or S&P.U. S. Trustee.

Capitalized Lease Obligation. any Debt represented by obligations ---------------------------- under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash or Cash Equivalents, and any interest earned --------------- thereon, that is delivered deposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders as security for the Obligations to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cashthe extent provided in the Agreement. Cash Collateral Account - a demand deposit, money market or other ----------------------- account maintained with Lender established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent's name and subject to Xxxxxx’s LiensAgent's Liens for the Pro Rata benefit of Lenders. Cash Equivalents - (i) marketable direct obligations issued or ---------------- unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ ' acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P Standard & Poor's Corporation or P-1 (or better) by Xxxxx’xXxxxx'x Investors Services, Inc., and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P Standard & Poor's Corporation or P-1 (or better) by Moody’sXxxxx'x Investors Services, Inc., and having a maturity within 9 months after the date of acquisition thereof; . CERCLA - the Comprehensive Environmental Response Compensation and ------ Liability Act, 42 U.S.C. (vS) shares of any money market fund that (a) has substantially all of 9601 et seq. and its assets invested continuously in the types of investments referred to in clauses (i) - (iv), (b) has net assets not less than $500,000,000 and (c) has the highest rating obtainable from either Moody’s or S&P.implementing regulations.

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash or Cash Equivalents, and any interest earned thereon, that is delivered to deposited with Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cashin accordance with the Agreement as security for the Obligations. Cash Collateral Account - a demand deposit, money market or other account maintained with established by Lender at such financial institution as Lender may select in its discretion, which account shall be in Lender’s name and subject to XxxxxxLender’s Liens. Cash Equivalents - (i) marketable securities or direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, Mxxxx’x and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’sMxxxx’x, and having a maturity within 9 12 months after the date of acquisition thereof; and (v) shares of any money market fund that (a) has substantially all of its assets invested continuously in the types of investments referred to in clauses (i) - (iv), (b) has net assets not less than $500,000,000 and (c) has the highest rating obtainable from either Moody’s or S&P.;

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash that is delivered to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cash. Cash Collateral Account - demand depositmoney, money market currency or other account maintained with Lender and subject to Xxxxxx’s Liensa credit balance in a Deposit Account. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisitionmonths; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisitionmonths, bankers’ ' acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P Standard & Poor's Corporation or P-1 (or better) by Xxxxx’xMoodx'x Xxxestors Services, Inc., and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P Standard & Poor's Corporation or P-1 (or better) by Moody’sMoodx'x Xxxestors Services, Inc., and having a maturity within of not more than 9 months after months. Cash Collateral - cash or Cash Equivalents, and any interest earned thereon, that is deposited with Agent in accordance with the date Agreement for the Pro Rata benefit of acquisition thereof; and (v) shares of any Lenders as security for the Obligations to the extent provided in the Agreement. Cash Collateral Account - a demand deposit, money market fund that (a) has substantially all or other account established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent's name and subject to Agent's Liens for the Pro Rata benefit of Lenders. CERCLA - the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. and its assets invested continuously in the types of investments referred to in clauses (i) - (iv), (b) has net assets not less than $500,000,000 and (c) has the highest rating obtainable from either Moody’s or S&P.implementing regulations.

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash or Cash Equivalents, and any interest earned thereon, that is delivered deposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cashCash Collateralize the Obligations. Cash Collateral Account - a demand deposit, money market or other account maintained with Lender established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent’s name and subject to Xxxxxxa Lien in favor of Agent. Cash Collateralize - the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (i) with respect to Letter of Credit Outstandings, 105% of the aggregate Letter of Credit Outstandings, and (b) with respect to any inchoate, contingent or other Obligations (including Bank Product Obligations), Agent’s Liensgood faith estimate of the amount due or to become due, including fees, expenses and indemnification hereunder. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by Bank or any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified bank described in clause (ii) above; and (iv) commercial paper issued by Bank or having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’sXxxxx’x, and having a maturity within 9 months after the date of acquisition thereof; . Cash Management Services - any services provided from time to time by any Lender or any of its Affiliates to any Borrower or Subsidiary in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and (v) shares stop payment services. CERCLA - the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq. and its implementing regulations. Change in Law - the occurrence, after the date hereof, of any money market fund that (a) has substantially all the adoption, taking effect or phasing in of its assets invested continuously any law, rule, regulation or treaty; (b) any change in any law, rule, regulation or treaty or in the types administration, interpretation or application thereof; or (c) the making, issuance or application of investments referred to any request, guideline, requirement or directive (whether or not having the force of law) by any Governmental Authority; provided, however, that “Change in clauses Law” shall include, regardless of the date enacted, adopted or issued, all requests, rules, guidelines, requirements or directives (i) - under or relating to the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, or (iv)ii) promulgated pursuant to Basel III by the Bank for International Settlements, the Basel Committee on Banking Supervision (bor any similar authority) has net assets not less than $500,000,000 and (c) has the highest rating obtainable from either Moody’s or S&P.any other Governmental Authority.

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash that is delivered to Lender to cash collateralize — cash, and any Obligations and all interest and or other income earned (if any) on such cashthereon, that is deposited with Agent in accordance with this Agreement for the Pro Rata benefit of Lenders to Cash Collateralize any LC Obligations. Cash Collateral Account - — a demand deposit, money market or other account maintained with Lender established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent’s name and subject to XxxxxxAgent’s LiensLiens for the benefit of Secured Parties. Cash Collateralize — with respect to LC Obligations arising from Letters of Credit outstanding on any date or Obligations arising under Hedging Agreements on such date, the deposit with Agent of immediately available funds into the Cash Collateral Account in an amount equal to 105% of the sum of the aggregate Undrawn Amounts of such Letters of Credit and other LC Obligations, all Obligations existing under such Hedging Agreements, and all related fees and other amounts due or to become due in connection with such LC Obligations and Hedging Agreements. Cash Equivalents - — (i) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisitiongovernment; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’xMoody’s, and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’s, and having a maturity within 9 months after the date of acquisition thereof; and (v) shares of any money market fund that (a) has substantially all of its assets invested continuously in the types of investments referred to in clauses (i) - — (iv), (b) has net assets not less than $500,000,000 and (c) has the highest rating obtainable from either Moody’s or S&P.S&P. Cash Management Agreements — any agreement entered into from time to time between any Obligor or any of its Subsidiaries, on the one hand, and a Lender or any of its Affiliates or any other banking or financial institution, on the other, in connection with cash management services for operating, collections, payroll and trust accounts of such Obligor or its Subsidiaries provided by such banking or financial institution, including automatic clearinghouse services, controlled disbursement services, electronic funds transfer services, information reporting services, lockbox services, stop payment services and wire transfer services. CERCLA — the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq. and its implementing regulations. Change of Control — the occurrence of any of the following events after the date of this Agreement: (a) MasTec shall cease to own, directly, or indirectly through a Subsidiary, 100% of the Equity Interests in any Obligor (other than as a result of a merger, reorganization, consolidation or amalgamation permitted under Section 10.2.1 of this Agreement), or (b) any “Change of Control,” “Change in Control” or similar event or circumstance, however defined or designated, under the Indenture (as in effect on the date of this Agreement) shall occur.

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash that is delivered to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cash. Cash Collateral Account - demand deposit, money market or other account maintained with Lender and subject to Xxxxxx’s Liens. Cash Equivalents - (ia) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (iib) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iiic) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (ia) and (iib) entered into with any financial institution meeting the qualifications specified in clause (iib) above; and (ivd) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’sXxxxx’x, and having a maturity within 9 months after the date of acquisition thereof; . Cash Flow – actual cash receipts from any source. CERCLA - the Comprehensive Environmental Response Compensation and (v) shares Liability Act, 42 U.S.C. § 9601 et seq. and its implementing regulations. Chapter 11 Case - as defined in the Recitals hereto. Chattel Paper - shall have the meaning ascribed to the term “chattel paper” in the UCC, as such definition may be amended from time to time. Claims - any and all claims, demands, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, awards, remedial response costs, expenses or disbursements of any money market fund kind or nature whatsoever (including reasonable attorneys’, accountants’, consultants’ or paralegals’ fees and expenses), whether arising under or in connection with the Financing Documents, any Applicable Law (including any Environmental Laws) or otherwise, that (a) has substantially may now or hereafter be suffered or incurred by a Person and whether suffered or incurred in or as a result of any investigation, litigation, arbitration or other judicial or non-judicial proceeding or any appeals related thereto. Closing Date - the date on which all of its assets invested continuously the conditions precedent of the Agreement are satisfied and the initial Post-Petition Loan is made under the Agreement. Collateral - all of the Property and interests in the types Property of investments referred to in clauses (i) - (iv), (b) has net assets not less than $500,000,000 and (c) has the highest rating obtainable from either Moody’s or S&P.Borrower that are described in

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP and the amount of such obligation shall be the capitalized amount thereof determined in accordance with GAAP. Cash Collateral - cash or Cash Equivalents, and any interest earned thereon, that is delivered to Lender to cash collateralize deposited with Agent in accordance with this Agreement as security for any Obligations and all interest and other income earned (if any) on such cashof the Obligations. Cash Collateral Account - a demand deposit, money market or other account maintained with Lender established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent’s name and subject to XxxxxxAgent’s Liens. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the government of the United States government and backed by the full faith and credit of the government of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of Canada or of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’xMoody’x, and xxx (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’sMoody’x, and xxx having a maturity within 9 months after the date of acquisition thereof. Cash Management Event - shall have the meaning ascribed to it in Section 8.2.5(ii). Cash Management Reinstatement Event - shall have the meaning ascribed to it in Section 8.2.5(ii). CERCLA - the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. and its implementing regulations. Change of Control - the occurrence of any of the following events: (i) C&D Fund IV, CD&R, and BRS Fund II and any of their respective Affiliates (other than Affiliates that are portfolio companies) shall cease to own directly, of record and beneficially, in the aggregate, shares of Voting Stock having more than 50% of the total voting power of all outstanding shares of Voting Stock of Holding; (ii) a “change of control” under and as defined in the New Senior Notes Indenture shall occur; and (viii) shares Holding shall cease to own and control directly, of any money market fund that record and beneficially, 100% of each class of outstanding capital stock of Borrower free and clear of all Liens (a) has substantially all of its assets invested continuously in except Liens created or permitted by the types of investments referred to in clauses (i) - (ivHolding Stock Pledge Agreement), (b) has net assets not less than $500,000,000 and (c) has the highest rating obtainable from either Moody’s or S&P..

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash or Cash Equivalents, and any interest earned thereon, that is delivered to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cashdeposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders as security for the Obligations. Cash Collateral Account - a demand deposit, money market or other account maintained with Lender established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent's name and subject to Xxxxxx’s LiensAgent's Liens for the Pro Rata benefit of Lenders. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ ' acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’xXxxxx'x, and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’sXxxxx'x, and having a maturity within 9 months after the date of acquisition thereof; and (v) shares of . Cash Management Agreements - any money market fund that (a) has substantially all agreement entered into from time to time between Borrower or any of its assets invested continuously Subsidiaries, on the one hand, and Bank or any of its Affiliates or any other banking or financial institution, on the other, in connection with cash management services for operating, collections, payroll and trust accounts of Borrower or its Subsidiaries provided by such banking or financial institution, including automatic clearinghouse services, controlled disbursement services, electronic funds transfer services, information reporting services, lockbox services, stop payment services and wire transfer services. CERCLA - the types Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. ' 9601 et seq. and its implementing regulations. Change of investments referred to in clauses Control - (i) - the Xxxxxxxx Family shall cease to have Control of Borrower; or (iv)ii) Borrower shall cease to own and control 100% of the Equity Interests of any of AmTex, C-Knit, Dixie Export, Dixie Funding, Dixie Funding II, Fabrica International, Bretlin or Chroma Technologies; or (biii) has net assets not less than $500,000,000 Bretlin shall cease to own and (c) has control 100% of the highest rating obtainable from either Moody’s Equity Interests of any of Candlewick, Dixie Logistics or S&P.Xxxxxxx.

Capitalized Lease Obligation. any Debt represented by obligations under a ---------------------------- lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash that is delivered to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cash. Cash Collateral Account - demand deposit, money market or other account maintained with Lender and subject to Xxxxxx’s Liens. Cash Equivalents - (i) marketable direct obligations issued or ------------------ unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ ' acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or Standard & Poor's Corporation of P-1 (or better) by Xxxxx’xMoody's Investors Services, Inc., and (unless issued by a Lender) not subject to offset rights offsex xxxxts in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) above entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P Standard & Poor's Corporation or P-1 (or better) by Moody’s's Investors Services, Inc., and having a maturity within 9 months xxxxxx after the date of acquisition thereof; . Cash Flow - cash revenues of an A&D Borrower in relation to a particular --------- A&D Project, less cash expenditures and (v) shares other outlays by such A&D Borrower in relation to such A&D Project. Chattel Paper - shall have the meaning ascribed to the term "chattel -------------- paper" in the UCC. Claims - any and all claims, demands, liabilities, obligations, losses, ------ damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any money market fund that kind or nature whatsoever (aincluding reasonable attorneys' fees and expenses), whether arising under or in connection with the Loan Documents, any Transaction Documents, any Applicable Laws (including any Environmental Law) has substantially or otherwise. Closing Date - the date on which all of its assets invested continuously the conditions precedent in ------------- Section 9 of this Agreement are satisfied and the initial Revolver Loan is made under this Agreement. Collateral - all of the Property and interests in Property described in ---------- Section 6 of this Agreement, and all other Property and interests in Property that now or hereafter secure the payment and performance of any of the Obligations. Compliance Certificate - a Compliance Certificate in the types form of investments referred Exhibit E ---------------------- --------- hereto. Concentration Accounts - the 2 bank accounts to be established on or about ---------------------- the date of this Agreement by Borrowers at Bank One or such other financial institution (or financial institutions) acceptable to Lender, as provided in clauses Section 4.4 of this Agreement, which accounts shall constitute the depository accounts for all payments and proceeds with respect to Pledged Loans and Pledged Loan Collateral, shall be collaterally assigned to Lender pursuant to the Deposit Account Assignments, and shall be the subject of the Payment Direction Agreements. Consolidated - the consolidation in accordance with GAAP of assets and ------------ liabilities. Consumer Laws - all federal, state or local laws, rules or regulations -------------- that govern or relate to the rights or protections of consumers, including the Truth in Lending Act (i) - (ivand Regulation Z promulgated by the Federal Reserve Board pursuant thereto), the Equal Credit Opportunity Act (band Regulation by promulgated by the Federal Reserve Board pursuant thereto), the Consumer Credit Protection Act of 1968, the Real Estate Settlement Procedures Act of 1974, the Fair Debt Collection Practices Act, all Land Sales Laws, and all Applicable Laws regulating the amount of interest fees or other charges that may be assessed against or collected from consumers. Credit Facilities - Facility A and Facility B. ----------------- Credit Limit - for each Pledged Loan, the amount initially established in ------------ the Transaction Documents relating to such Pledged Loan as the maximum amount of such Pledged Loan (in the case of an A&D Loan) has net assets not less than $500,000,000 and or line of credit for such Pledged Loan (c) has in the highest rating obtainable from either Moody’s or S&P.case of a Hypothecation Loan).

Capitalized Lease Obligation. any Debt represented by obligations ---------------------------- under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash that is delivered to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cash. Cash Collateral Account - demand deposit, money market or other account maintained with Lender and subject to Xxxxxx’s Liens. Cash Equivalents - (i) marketable direct obligations issued or ---------------- unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 22 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 22 months from the date of acquisition, bankers’ ' acceptances having maturities of not more than 12 22 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 A-2 (or better) by S&P Standard & Poor's Corporation or P-1 P-2 (or better) by Xxxxx’xXxxxx'x Investors Services, Inc., and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 A-2 (or better) by S&P Standard & Poor's Corporation or P-1 P-2 (or better) by Moody’sXxxxx'x Investors Services, Inc., and having a maturity within 9 months after the date of acquisition thereof. CERCLA - the Comprehensive Environmental Response Compensation and ------ Liability Act, 42 U.S.C. (S) 9602 et seq. and its implementing regulations. Chattel Paper - shall have the meaning ascribed to the term "chattel ------------- paper" in the UCC. Claims - any and all claims, demands, liabilities, obligations, ------ losses, damages, penalties, actions, judgments, suits, awards, remedial response, costs, expenses or disbursements of any kind or nature whatsoever (including reasonable attorneys', accountants' or consultants' fees and expenses), whether arising under or in connection with the Loan Documents, under any Applicable Law (including any Environmental Law) or otherwise, that may now or hereafter be suffered or incurred by a Person. Closing Date - the date on which all of the conditions precedent in ------------ Section 10 hereof are satisfied and the initial Loan is made or the initial LC Guaranty is issued under the Agreement. Collateral - all of the Property and interests in Property described ---------- in Section 6 hereof, and all other Property and interests in Property that now or hereafter secure the payment and performance of any of the Obligations. Commitment Amount - $15,000,000. ----------------- Commencement Date - shall mean (i) for the Original Division, for the ----------------- Argus Division, and for the Xxxxx/Xxxxxxx Xxxxxxxx, Xxxxxxx 0, 0000, (xx) for each of the Xxxxxxxx, Harperprints and the Xxxxxxxx Divisions, April 1, 1998, and (iii) for the XxXxxxxx Division, May 1, 1998. Compliance Certificate - a Compliance Certificate to be provided by ---------------------- Borrower to Lender in accordance with, and in the form annexed as EXHIBIT B --------- to, the Agreement. Concentration Account - the account maintained by Borrower at First --------------------- American National Bank or SunTrust Bank, N.A. in Atlanta, Georgia to which all sums received by any Collecting Bank will be consolidated and concentrated as contemplated pursuant to Section 7.2.6 hereof. Consolidated - the consolidation in accordance with GAAP of the ------------ accounts or other items as to which such term applies. Cumulative Basis - the EBITDA of Parent on a Consolidated basis ---------------- achieved by obtaining the sum of the EBITDA of each of the Divisions, measured (unless otherwise specified) from the respective Commencement Date for each Division, until such time as the Cumulative Measurement Period for a Division is greater than four Fiscal Quarters, at which time EBITDA of such Division shall be measured on a rolling four quarter basis. Cumulative Measurement Period - for any Division, the period ----------------------------- commencing with the Commencement Date for such Division and ending on the date of determination of the EBITDA of such Division. Debt - as applied to a Person means, without duplication: (i) all ---- items which in accordance with GAAP would be included in determining total liabilities as shown on the liability side of a balance sheet of such Person as at the date as of which Debt is to be determined, including Capitalized Lease Obligations; (ii) all obligations of other Persons which such Person has guaranteed; (iii) all reimbursement obligations in connection with letters of credit or letter of credit guaranties issued for the account of such Person; and (viv) shares in the case of Borrower (without duplication), the Obligations. Deferred Acquisition Consideration - as defined in the GECC Documents. ---------------------------------- Default - an event or condition the occurrence of which would, with ------- the lapse of time or the giving of notice, or both, become an Event of Default. Default Rate - a fluctuating rate per annum which, on any date, is ------------ equal to the Prime Rate in effect for such date plus 2%. Deposit Account - a demand, time, savings, passbook, money market or --------------- other depository account, or a certificate of deposit, maintained Borrower with any bank, savings and loan association, credit union or other depository institution, but excluding any payroll account, other employee benefit account or trust account of Borrower. Distribution - in respect of any money market fund that (a) has substantially all of its assets invested continuously in the types of investments referred to in clauses entity, (i) any payment of any ------------ dividends or other distributions on Equity Interests of the entity (except distributions in such Equity Interests) and (ii) any purchase, redemption or other acquisition or retirement for value of any Equity Interests of the entity or any Affiliate of the entity unless made contemporaneously from the net proceeds of the sale of Equity Interests. Divisions - collectively, the Original Division, the Argus Division, --------- the Xxxxx/Phoenix Division, the Xxxxxxxx Division, the XxXxxxxx Division, Xxxxxxxx and Harperprints (as each such term is defined in the GECC Documents). Document - shall have the meaning ascribed to the term "document" in -------- the UCC. Dollars and the sign "$" - lawful money of the United States of ------------------------ America. Dominion Account - a special account of Lender established by Borrower ---------------- pursuant to the Agreement at a bank selected by Borrower, but acceptable to Lender in its reasonable discretion, and over which Lender shall have sole and exclusive access and control for withdrawal purposes. EBITDA - for any Person for any Fiscal Quarter, without duplication, ------ the sum of the following for such period determined on a Consolidated basis: (i) Net Income, plus (ii) depreciation, plus (iii) amortization, ---- ---- plus (iv) all interest expense, plus (v) income tax expense, plus (vi) ---- ---- ---- other non-cash charges deducted in calculating Net Income (excluding extraordinary gains and losses). Eligible Account - an Account arising in the ordinary course of ---------------- Borrower's business from the sale of goods or rendition of services which is payable in Dollars and which Lender, in its sole discretion, deems to be an Eligible Account. Without limiting the generality of the foregoing, no Account shall be an Eligible Account if: (i) it arises out of a sale made by Borrower to a Subsidiary or an Affiliate of Borrower or to a Person controlled by an Affiliate of Borrower; (ii) it is due or unpaid more than 90 days after the original invoice date; (iii) 50% or more of the Accounts from the Account Debtor are not deemed Eligible Accounts hereunder; (iv) the total unpaid Accounts of the Account Debtor exceed 20% of the net amount of all Eligible Accounts or exceeds a credit limit established by Lender for such Account Debtor, in each case, to the extent of such excess; (v) any covenant, representation or warranty contained in the Agreement with respect to such Account has been breached; (vi) the Account Debtor is also Borrower's creditor or supplier, or the Account Debtor has disputed liability with respect to such Account or the Account otherwise is subject to any right of setoff, counterclaim, reserve or chargeback, to the extent of such offset, counterclaim, disputed amount, reserve or chargeback; (vii) it arises from a sale to an Account Debtor with its principal office, assets or place of business outside the United States; (viii) it arises from a sale to the Account Debtor on a xxxx-and-hold, guaranteed sale, sale-or-return, sale-on-approval, consignment or any other repurchase or return basis; (ix) the Account Debtor is the United States of America or any department, agency or instrumentality thereof, unless Borrower assigns its right to payment of such Account to Lender, in a manner satisfactory to Lender, so as to comply with the Assignment of Claims Act of 2940 (32 U.S.C. (S)3727 and 42 U.S.C. (S)25), or is a state, county or municipality, or a political subdivision or agency thereof and Applicable Law disallows or restricts an assignment of Accounts on which it is the Account Debtor; or (bx) has net the Account is evidenced by chattel paper or an instrument that have not been endorsed and delivered to Lender. Eligible Acquisition - any transaction or series of transactions -------------------- pursuant to or as a result of which Borrower merges or consolidates with or otherwise acquire all or a substantial portion of the ownership interests or assets not less than $500,000,000 or properties of any Person of or a going concern business (as defined in accordance with GAAP) (an "Acquisition") with respect to which ----------- all of the conditions set forth in Section 2.1.2 and (c) has all of the highest rating obtainable from either Moody’s or S&P.conditions set forth below have been satisfied in full:

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash or Cash Equivalents, and any interest earned thereon, that is delivered to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cashdeposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders as security for the Obligations. Cash Collateral Account - a demand deposit, money market or other account maintained with Lender established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent’s name and subject to XxxxxxAgent’s LiensLiens for the Pro Rata benefit of Lenders. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’sXxxxx’x, and having a maturity within 9 months after the date of acquisition thereof; . CERCLA - the Comprehensive Environmental Response Compensation and (v) shares Liability Act, 42 U.S.C. § 9601 et seq. and its implementing regulations. Change of Control - the occurrence of any money market fund that of the following events after the date of the Agreement: (a) has substantially all any Person or group shall own beneficially (as defined in Rule 13d-3 of its assets invested continuously the SEC under the Exchange Act or any successor provision thereto) more than 50% of the aggregate Voting Power of SRC (other than an ownership by any Person or group who beneficially own in excess of 10% of the types aggregate Voting Power of investments referred to in clauses (i) - (iv), SRC on the date hereof; or (b) has net assets not less than $500,000,000 any “Change of Control,” “Change in Control” or similar event or circumstance, however defined or designated, under any agreement or document governing any Debt shall occur. Chattel Paper - shall have the meaning given to “chattel paper” in the UCC to the extent such meaning relates to Inventory or Accounts. Claims - any and all claims, demands, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, awards, remedial response costs, expenses or disbursements of any kind or nature whatsoever (cincluding reasonable attorneys’, accountants’, consultants’ or paralegals’ fees and expenses), whether arising under or in connection with the Loan Documents, any Applicable Law (including any Environmental Laws) has or otherwise, that may now or hereafter be suffered or incurred by a Person and whether suffered or incurred in or as a result of any investigation, litigation, arbitration or other judicial or non-judicial proceeding or any appeals related thereto. Closing Date - the highest rating obtainable from either Moody’s date on which all of the conditions precedent in Section 10 of the Agreement are satisfied and the initial Loans are made under the Agreement. Collateral - all of the Property and interests in Property in which a security interest is granted in Sections 6.1 and 6.2 of the Agreement and all Property described in any of the Security Documents as security for the payment or S&P.performance of any of the Obligations.

Capitalized Lease Obligation. any Debt Indebtedness represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash that is delivered or Cash Equivalents, and interest earned thereon, deposited with Lender in accordance with the Agreement as security for the Obligations to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cashthe extent provided in the Agreement. Cash Collateral Account - demand deposit, money market or other an account maintained established by Lender on its books and to which Lender shall credit all Cash Collateral deposited with Lender and subject to Xxxxxx’s Liensin accordance with the Agreement. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the United States government Government and backed by the full faith and credit of the United States government Government having maturities of not more than 12 twelve (12) months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 twelve (12) months from the date of acquisition, bankers’ banker's acceptances having maturities of not more than 12 twelve (12) months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) better by S&P Standard & Poor's Corporation or P-1 (or better) better by Xxxxx’xMoodx'x Xxxestors Services, Inc., and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 thirty (30) days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above); and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) better by S&P Standard & Poor's Corporation or P-1 (or better) better by Moody’sMoodx'x Xxxestors Services, Inc., and having a maturity within 9 nine (9) months after the date of acquisition thereof; and (v) shares of any money market fund that (a) has substantially all of its assets invested continuously in the types of investments referred to in clauses (i) - (iv), (b) has net assets not less than $500,000,000 and (c) has the highest rating obtainable from either Moody’s or S&P..

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash or Cash Equivalents, and any interest earned thereon, that is delivered to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cashdeposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders as security for the Obligations. Cash Collateral Account - a demand deposit, money market or other account maintained with Lender established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent's name and subject to Xxxxxx’s LiensAgent's Liens for the Pro Rata benefit of Lenders. Cash Distributions - an amount equal to the cash received by Borrower from non-Consolidated entities. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ ' acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’xXxxxx'x, and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Moody’sXxxxx'x, and having a maturity within 9 months after the date of acquisition thereof; and (v) shares of . Cash Management Services- any money market fund that (a) has substantially all services provided from time to time by BofA or any of its assets invested continuously Affiliates to Borrower or any of its Subsidiaries in connection with operating, collections, payroll, trust or other depository or disbursements accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLA - the types Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq. and its implementing regulations. Change of investments referred to in clauses Control - (i) - the Xxxxxxxx Family shall cease to have Control of Borrower; (iv)ii) Borrower shall cease to own and control 100% of the Equity Interests of any of C-Knit, Fabrica, Bretlin and Masland; or (biii) has net assets not less than $500,000,000 Bretlin shall cease to own and (c) has control 100% of the highest rating obtainable from either Moody’s or S&P.Equity Interests of Candlewick.

Capitalized Lease Obligation. any Debt represented by obligations under a lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Cash Collateral - cash that is delivered to Lender to cash collateralize any Obligations and all interest and other income earned (if any) on such cash. Cash Collateral Account - demand deposit, money market or other account maintained with Lender and subject to Xxxxxx’s Liens. Cash Equivalents - (i) marketable direct obligations issued or unconditionally guaranteed by the United States government and backed by the full faith and credit of the United States government having maturities of not more than 12 22 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 22 months from the date of acquisition, bankers’ ' acceptances having maturities of not more than 12 22 months from the date of acquisition and overnight bank deposits, in each case issued by any commercial bank organized under the laws of the United States, any state thereof or the District of Columbia, which at the time of acquisition are rated A-1 A-2 (or better) by S&P Standard & Poor's Corporation or P-1 P-2 (or better) by Xxxxx’xXxxxx'x Investors Services, Inc., and (unless issued by a Lender) not subject to offset rights in favor of such bank arising from any banking relationship with such bank; (iii) repurchase obligations with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with any financial institution meeting the qualifications specified in clause (ii) above; and (iv) commercial paper having at the time of investment therein or a contractual commitment to invest therein a rating of A-1 A-2 (or better) by S&P Standard & Poor's Corporation or P-1 P-2 (or better) by Moody’sXxxxx'x Investors Services, Inc., and having a maturity within 9 months after the date of acquisition thereof; . CERCLA - the Comprehensive Environmental Response Compensation and (v) shares Liability Act, 42 U.S.C. ' 9602 et seq. and its implementing regulations. Chattel Paper - shall have the meaning ascribed to the term "chattel paper" in the UCC. Claims - any and all claims, demands, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, awards, remedial response, costs, expenses or disbursements of any money market fund kind or nature whatsoever (including reasonable attorneys', accountants' or consultants' fees and expenses), whether arising under or in connection with the Loan Documents, under any Applicable Law (including any Environmental Law) or otherwise, that (a) has substantially may now or hereafter be suffered or incurred by a Person. Closing Date - the date on which all of its assets invested continuously the conditions precedent in Section 10 hereof are satisfied and the types initial Loan is made under this Agreement. Collateral - all of investments referred to the Property and interests in clauses (i) - (iv)Property described in Section 6 hereof, (b) has net assets not less than $500,000,000 and (c) has all other Property and interests in Property that now or hereafter secure the highest rating obtainable from either Moody’s or S&P.payment and performance of any of the Obligations.