Common use of DEFINITION OF STOCK, NOTES, SECURITIES, ETC Clause in Contracts

DEFINITION OF STOCK, NOTES, SECURITIES, ETC. As used herein, (i) the term "Stock" shall mean (x) with respect to corporations incorporated under the laws of the United States or any State or territory thereof (each a "Domestic Corporation"), all of the issued and outstanding shares of capital stock at any time owned by the Pledgor of any Domestic Corporation and (y) with respect to corporations not Domestic Corporations (each a "Foreign Corporation"), all of the issued and outstanding shares of capital stock at any time owned by the Pledgor of any Foreign Corporation; PROVIDED, that, except as provided in the last sentence of this Section 2, the Pledgor shall not be required to pledge hereunder more than 65% of the total combined voting power of all classes of capital stock of any Foreign Corporation entitled to vote and (ii) the term "Notes" shall mean (x) all promissory notes at any time issued to the Pledgor by any of its Subsidiaries or Affiliates and (y) except as otherwise provided in clause (A) of the immediately following proviso, all other promissory notes from time to time issued to, or held by, the Pledgor if the aggregate principal amount of each such promissory note is in excess of $10,000, provided that (A) in the case of the immediately preceding clause (y), the aggregate principal amount of all such promissory notes not required to be pledged hereunder shall at no time exceed $100,000 and (B) except as provided in the last sentence of this Section 2, the Pledgor shall not be required to pledge hereunder any

DEFINITION OF STOCK, NOTES, SECURITIES, ETC. As used herein, : (i) the term "Stock" shall mean (x) with respect to corporations incorporated under the laws of the United States or any State or territory thereof (each each, a "Domestic Corporation"), all of the issued and outstanding shares of capital stock of any Domestic Corporation at any time owned by the each Pledgor of any Domestic Corporation and (y) with respect to corporations not Domestic Corporations (each each, a "Foreign Corporation"), all of the issued and outstanding shares of capital stock at any time directly owned by the any Pledgor of any Foreign Corporation; PROVIDED, provided that, -------- except as provided in the last sentence of this Section 2, the such Pledgor shall not be required to pledge hereunder more than 65% of the total combined voting power of all classes of capital stock of any Foreign Corporation entitled to vote and vote; (ii) the term "Notes" shall mean (x) all promissory notes Intercompany Notes at any time issued to the each Pledgor by any of its Subsidiaries or Affiliates and (y) except as otherwise provided in clause (A) of the immediately following proviso, all other promissory notes from time to time issued to, or held by, the Pledgor if the aggregate principal amount of each such promissory note is in excess of $10,000Pledgor; provided, provided that (A) in the case of the immediately preceding clause (y)that, the aggregate principal amount of all such promissory notes not required to be pledged hereunder shall at no time exceed $100,000 and (B) except as provided in the -------- last sentence of this Section 2, the no Pledgor shall not be required to pledge hereunder anyany promissory notes (including Intercompany Notes) issued to such Pledgor by any Subsidiary of such Pledgor which is a

DEFINITION OF STOCK, NOTES, SECURITIES, ETC. As used herein, (i) the term "Stock" shall mean (x) with respect to corporations incorporated under the laws of the United States or any State or territory thereof (each a "Domestic Corporation"), all of the issued and outstanding shares of capital stock of any Domestic Corporation at any time owned by the Pledgor of any Domestic Corporation and (y) with respect to corporations that are not Domestic Corporations (each a "Foreign Corporation"), all of the issued and outstanding shares of capital stock of any Foreign Corporation at any time owned by the Pledgor of any Foreign Corporation; PROVIDEDPledgor, provided that, except as provided in the last sentence of this Section 2, the Pledgor shall not be required to pledge hereunder more than 6566% of the total combined voting power of all classes of capital stock of any Foreign Corporation entitled to vote and (ii) the term "Notes" shall mean (x) all promissory notes at any time issued to the Pledgor by any of its Subsidiaries or Affiliates and (y) except as otherwise provided in clause (A) of the immediately following proviso, all other promissory notes from time to time issued to, or held by, the Pledgor if the aggregate principal amount of each such promissory note is in excess of $10,000Pledgor, provided that (A) in the case of the immediately preceding clause (y)that, the aggregate principal amount of all such promissory notes not required to be pledged hereunder shall at no time exceed $100,000 and (B) except as provided in the last sentence of this Section 2, the Pledgor shall not be required to pledge hereunder anyany promissory notes issued to the Pledgor by any Subsidiary of the Pledgor which is a Foreign Corporation. As used herein, the term "Securities" shall mean all of the Stock and Notes. The Pledgor represents and warrants, as to the stock of corporations and promissory notes owned by the Pledgor, that on the Fifth Amendment Effective Date (a) the Stock consists of the number and type of shares of the stock of

DEFINITION OF STOCK, NOTES, SECURITIES, ETC. As used herein, : (i) the term "Stock" shall mean (x) with respect to corporations incorporated under the laws of the United States or any State or territory thereof (each each, a "Domestic Corporation"), all of the issued and outstanding shares of capital stock of any Domestic Corporation at any time owned by the each Pledgor of any Domestic Corporation and (y) with respect to corporations not Domestic Corporations (each each, a "Foreign Corporation"), all of the issued and outstanding shares of capital stock at any time directly owned by the any Pledgor of any Foreign Corporation; PROVIDED, that, provided that (1) except as provided in the last sentence of this Section 2, the such Pledgor shall not be required to pledge hereunder more than 65% of the total combined voting power of all classes of capital stock of any Foreign Corporation entitled to vote and (2) unless and until the Collateral Agent, in its sole discretion, shall determine otherwise, the Borrower shall not be required to pledge any of the capital stock of any Foreign Corporation the capital stock of which is uncertificated (it being understood and agreed that any capital stock not required to be pledged as a result of this proviso shall not constitute "Stock"); (ii) the term "Notes" shall mean (x) all promissory notes Intercompany Notes at any time issued to the each Pledgor by any of its Subsidiaries or Affiliates and (y) except as otherwise provided in clause (A) of the immediately following proviso, all other promissory notes from time to time issued to, or held by, the Pledgor if the aggregate principal amount of each such promissory note is in excess of $10,000Pledgor; provided, provided that (A) in the case of the immediately preceding clause (y)that, the aggregate principal amount of all such promissory notes not required to be pledged hereunder shall at no time exceed $100,000 and (B) except as provided in the last sentence of this Section 2, the no Pledgor shall not be required to pledge hereunder anyany promissory notes (including Intercompany Notes) issued to such Pledgor by any Subsidiary of such Pledgor which is a EXHIBIT F Page 4

DEFINITION OF STOCK, NOTES, SECURITIES, ETC. As used herein, : (i) the term "Stock" shall mean (x) with respect to corporations incorporated under the laws of the United States or any State or territory thereof (each each, a "Domestic Corporation"), all of the issued and outstanding shares of capital stock of any Domestic Corporation at any time owned by the each Pledgor of any Domestic Corporation and (y) with respect to corporations not Domestic Corporations (each each, a "Foreign Corporation"), all of the issued and outstanding shares of capital stock at any time directly owned by the any Pledgor of any Foreign Corporation; PROVIDED, provided that, except as provided in the -------- last sentence of this Section 2, the such Pledgor shall not be required to pledge hereunder more than 65% of the total combined voting power of all classes of capital stock of any Foreign Corporation entitled to vote and vote; (ii) the term "Notes" shall mean (x) all promissory notes Intercompany Notes at any time issued to the each Pledgor by any of its Subsidiaries or Affiliates and (y) except as otherwise provided in clause (A) of the immediately following proviso, all other promissory notes from time to time issued to, or held by, the Pledgor if the aggregate principal amount of each such promissory note is in excess of $10,000Pledgor; provided, provided that (A) in the case of the immediately preceding clause (y)that, the aggregate principal amount of all such promissory notes not required to be pledged hereunder shall at no time exceed $100,000 and (B) except as provided in the last sentence of this Section -------- 2, the no Pledgor shall not be required to pledge hereunder anyany promissory notes (including Intercompany Notes) issued to such Pledgor by any Subsidiary of such Pledgor which is a Foreign Corporation