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 or Cash Equivalents, and any interest earned thereon, that is deposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders as security for the Obligations to the extent provided in the Agreement. CASH COLLATERAL ACCOUNT - a demand deposit, money market 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. 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 Standard & Poor's Corporation or P-1 (or better) by ▇▇▇▇▇'▇ 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 Standard & Poor's Corporation or P-1 (or better) by ▇▇▇▇▇'▇ 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. Section 9601 et seq. and its implementing regulations. CHASE - The Chase Manhattan Bank or its successors or assigns. CHASE INTERCREDITOR AGREEMENT - the Intercreditor Agreement in the form annexed hereto as EXHIBIT K to be entered into between Chase and Agent, and acknowledged and consented to by Metromedia and Borrower.

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 Collateral - cash or Cash Equivalents, and any interest earned thereon, that is deposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders as security for to Cash Collateralize the Obligations to the extent provided in the AgreementObligations. CASH COLLATERAL ACCOUNT Cash Collateral Account - a demand deposit, money market or other account established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent's ’s name and subject to a Lien in favor of Agent's Liens . Cash Collateralize - the delivery of cash to Agent, as security for the Pro Rata benefit payment of LendersObligations, 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 good faith estimate of the amount due or to become due, including fees, expenses and indemnification hereunder. CASH EQUIVALENTS 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 Standard & Poor's Corporation S&P or P-1 (or better) by ▇▇▇▇▇'▇ 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 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 Standard & Poor's Corporation S&P or P-1 (or better) by ▇▇▇▇▇'▇ Investors Services, Inc.’▇, 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 stop payment services. CERCLA - the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section § 9601 et seq. and its implementing regulations. CHASE - The Chase Manhattan Bank or its successors or assigns. CHASE INTERCREDITOR AGREEMENT Change in Law - the Intercreditor Agreement occurrence, after the date hereof, of (a) the adoption, taking effect or phasing in of any law, rule, regulation or treaty; (b) any change in any law, rule, regulation or treaty or in the form annexed hereto as EXHIBIT K administration, interpretation or application thereof; or (c) the making, issuance or application of any request, guideline, requirement or directive (whether or not having the force of law) by any Governmental Authority; provided, however, that “Change in Law” shall include, regardless of the date enacted, adopted or issued, all requests, rules, guidelines, requirements or directives (i) under or relating to be entered into between Chase the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and AgentConsumer Protection Act, and acknowledged and consented or (ii) promulgated pursuant to Basel III by Metromedia and Borrowerthe Bank for International Settlements, the Basel Committee on Banking Supervision (or any similar authority) or 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 Collateral - cash or Cash Equivalents, and any interest --------------- earned thereon, that is deposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders as security for the Obligations to the extent provided in the Agreement. CASH COLLATERAL ACCOUNT Cash Collateral Account - a demand deposit, money market 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. CASH EQUIVALENTS 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 Standard & Poor's Corporation or P-1 (or better) by ▇▇▇▇▇'▇ 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 Standard & Poor's Corporation or P-1 (or better) by ▇▇▇▇▇'▇ 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. Section 9601 et seq. and its implementing regulations. CHASE Chattel Paper - The Chase Manhattan Bank 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 its successors disbursements of any kind or assignsnature 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. CHASE INTERCREDITOR AGREEMENT Closing Date - the Intercreditor 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 ---------- 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. Commitment - at any date for any Lender, the aggregate amount ---------- of such Lender's Revolver Commitment and Equipment Loan Commitment and "Commitments" means the aggregate amount of all Revolver Commitments and Equipment Loan Commitments. Commitment Termination Date - the date that is the soonest to --------------------------- occur of (i) the last day of the Original Term, (ii) the date on which an order for relief under any chapter of the Bankruptcy Code is entered (or deemed entered) upon any petition for such relief that is filed by or against any Borrower or any Obligor, (iii) the date on which Agent elects to terminate the Commitments pursuant to Section 5.2.1 of the Agreement as a consequence of the occurrence of any Event of Default, or (iv) the date on which Borrowers elect to terminate the Commitments pursuant to Section 5.2.2 of the Agreement. Compliance Certificate - a Compliance Certificate to be ---------------------- provided by Borrowers to Agent in accordance with, and in the form annexed hereto as EXHIBIT K Exhibit E to be entered into between Chase and Agentthe Agreement. --------- Congress - Congress Financial Corporation, and acknowledged and consented a California -------- corporation. Consolidated - the consolidation in accordance with GAAP of ------------ the accounts or other items as to by Metromedia and Borrowerwhich such term applies.

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 Collateral — cash or Cash Equivalents, and any interest earned thereon, that is deposited with Agent in a Cash Collateral Account in accordance with the Agreement for the Pro Rata benefit of Lenders as security for the Obligations to the extent provided in the AgreementObligations. CASH COLLATERAL ACCOUNT - Cash Collateral Account — a demand deposit, money market or other account established by Agent at such financial institution as Agent may select in its discretion, which account shall be in Agent's ’s name and subject as to which (a) Agent's Liens , for the Pro Rata benefit of itself and Lenders, shall have a valid, enforceable first priority Lien, (b) no defense, counterclaim, set off or dispute shall exist or be asserted with respect thereto and (c) no Liens exist other than (i) the Lien of Agent and (ii) a subordinate Lien in favor of Tranche B Agent, but only to the extent such Lien is consistent with the provisions of Section 9.2.5(xii) of this Agreement. CASH EQUIVALENTS - 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 Standard & Poor's Corporation S&P or P-1 (or better) by M▇▇▇▇’▇'▇ 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 Standard & Poor's Corporation S&P or P-1 (or better) by M▇▇▇▇’▇'▇ Investors Services, Inc., 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 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. CHASE - The Chase Manhattan Bank Change of Control — the occurrence of any of the following events after the date of the Agreement: (a) any Person or its successors group excluding the Principal Stockholders shall own beneficially (as defined in Rule 13d-3 of the SEC under the Securities Exchange Act or assigns. CHASE INTERCREDITOR AGREEMENT - any successor provision thereto) more than 50% of the Intercreditor Agreement aggregate Voting Power of Parent; (b) 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 form annexed hereto as EXHIBIT K beginning of such period or whose election or nomination for election was previously so approved) cease for any reason to be entered into between Chase and Agentconstitute a majority of the board of directors of such Borrower then in office; or (c) any “Change of Control,” “Change in Control” or similar event or circumstance, and acknowledged and consented to by Metromedia and Borrowerhowever defined or designated, under the Tranche B Documentation 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 deposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders as security for the Obligations to the extent provided in the Agreement. CASH COLLATERAL ACCOUNT - a demand deposit, money market 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. CASH EQUIVALENTS 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 Standard & Poor's Corporation or of P-1 (or better) by ▇▇▇▇▇'▇ Moody's Investors Services, Inc., and (unless issued by a Lender) not subject to offset rights offse▇ ▇▇▇▇ts 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 Standard & Poor's Corporation or P-1 (or better) by ▇▇▇▇▇'▇ Moody's Investors Services, Inc., and having a maturity within 9 months ▇▇▇▇▇▇ after the date of acquisition thereof. CERCLA Cash Flow - cash revenues of an A&D Borrower in relation to a particular --------- A&D Project, less cash expenditures and 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 kind or nature whatsoever (including 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) or otherwise. Closing Date - the Comprehensive Environmental Response Compensation date on which all of the conditions precedent in ------------- Section 9 of this Agreement are satisfied and Liability Actthe initial Revolver Loan is made under this Agreement. Collateral - all of the Property and interests in Property described in ---------- Section 6 of this Agreement, 42 U.S.C. Section 9601 et seqand all other Property and interests in Property that now or hereafter secure the payment and performance of any of the Obligations. and its implementing regulations. CHASE Compliance Certificate - The Chase Manhattan Bank or its successors or assigns. CHASE INTERCREDITOR AGREEMENT - the Intercreditor Agreement a Compliance Certificate in the form annexed hereto as EXHIBIT K of Exhibit E ---------------------- --------- hereto. Concentration Accounts - the 2 bank accounts to be entered into between Chase 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 Section 4.4 of this Agreement, which accounts shall constitute the depository accounts for all payments and Agentproceeds with respect to Pledged Loans and Pledged Loan Collateral, shall be collaterally assigned to Lender pursuant to the Deposit Account Assignments, and acknowledged shall be the subject of the Payment Direction Agreements. Consolidated - the consolidation in accordance with GAAP of assets and consented ------------ 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 (and Regulation Z promulgated by Metromedia the Federal Reserve Board pursuant thereto), the Equal Credit Opportunity Act (and BorrowerRegulation 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) or line of credit for such Pledged Loan (in the 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 Collateral - cash or Cash Equivalents, and any interest earned thereon, that is deposited with Agent in accordance with the Agreement for the Pro Rata benefit of Lenders as security for the delivered to Lender to cash collateralize any Obligations to the extent provided in the Agreementand all interest and other income earned (if any) on such cash. CASH COLLATERAL ACCOUNT Cash Collateral Account - a demand deposit, money market 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 maintained with Lender and subject to Agent's Liens for the Pro Rata benefit of Lenders▇▇▇▇▇▇’s Liens. CASH EQUIVALENTS 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 Standard & Poor's Corporation S&P or P-1 (or better) by ▇▇▇▇▇'▇ 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 Standard & Poor's Corporation S&P or P-1 (or better) by ▇▇▇▇▇'▇ Investors Services, Inc.Moody’s, 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. Section 9601 et seq. and (v) shares of any money market fund that (a) has substantially all of its implementing regulations. CHASE - The Chase Manhattan Bank or its successors or assigns. CHASE INTERCREDITOR AGREEMENT - the Intercreditor Agreement assets invested continuously in the form annexed hereto as EXHIBIT K types of investments referred to be entered into between Chase in clauses (i) - (iv), (b) has net assets not less than $500,000,000 and Agent, and acknowledged and consented to by Metromedia and Borrower.(c) has the highest rating obtainable from either Moody’s or S&P.