RELATED DEFINED TERMS. (a) The $1.35 Billion 4 UDW Facility Agent, $440 Million China ECA Facility Agent, $450 Million Eminence Facility Agent, $360 Million AOD Facility Agent, $400 Million Nordea Facility Agent, $950 Million Eclipse/Carina Facility Agent, $300 Million DNB Facility Agent, Tellus Facility Agent, $1.50 Billion ECA II Facility Agent, $2 Billion NADL Facility Agent, $1.75 Billion Sevan Facility Agent and $450 Million Jackup Facility Agent are collectively referred to herein as the “Prepetition Facility Agents.”
RELATED DEFINED TERMS. The term “Database” means the TSANet Member Contact Database in which members of TSANet have provided pertinent information of the contributing member regarding the handling or escalation of qualified support events in machine readable format together with supporting materials about programs or processes of that member (including, but not limited to, contacts, libraries, source files, header files, and data files), any updates or error corrections provided by the member or TSANet, and any user manuals, programming guides and/or other documentation or data provided to You by TSANet under this Agreement, together with any proprietary software of TSANet (“Software”) to enable or support operability and use of the database by Member. The Database, any solutions and Software may contain source code (“Source Code”) that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source Code developed by or for TSANet may not be redistributed unless expressly provided for in this Agreement.
RELATED DEFINED TERMS. When this Agreement refers to a “Claim” it means any pre-existing, present or future claim, dispute or controversy that arises from or in any way relates to: (a) this Agreement, any prior Cardmember Agreement, your credit card account, the credit we offer or deny to you in connection with your credit card account, any advertising or application for your credit card account, or the benefits, rewards or other products or services that are offered in connection with your credit card account; or (b) the acts or omissions of you, of us, or of Related Parties if those acts or omissions affect or relate to your credit card account or any benefits, rewards or other products or services related to your credit card account. Claims include, but are not limited to, claims based on contract and tort (including intentional torts), claims made in law or in equity, claims based on constitutional, statutory, regulatory and common law rights, and claims for damages, penalties and injunctive, declaratory or equitable relief. When the term “you” is used in this provision on “Claims” or in the provisions on “Limitations on Claims” or “Arbitration”, that term means you and any of the following people who will be considered “Your Related Parties”: any co-applicant, joint cardmember, authorized user or guarantor on your credit card account, your heirs and your trustee in bankruptcy. References to “Our Related Parties” in this Agreement includes affiliated third parties such as our parent, subsidiaries, and affiliates and our and their officers, directors, agents, employees, representatives, successors and assigns. “Our Related Parties” also include unaffiliated third parties that provide products, services or benefits (to you or to us) in connection with your credit card account or that have otherwise participated in the marketing or servicing of your credit card account. Any Claim or Claims brought by or on behalf of a class, brought in a representative capacity or otherwise on a class basis, or brought in the form of a private attorney general action are referred to as “Class Proceedings” regardless of whether they are commenced in court or in arbitration.
