See ss. Letter of Credit Application. See ss.
See ss. Settlement Date.
See ss. The declaration or payment of any dividend on or in respect of any shares of any class of capital stock of any Person, other than dividends payable solely in shares of common stock of such Person; the purchase, redemption, or other retirement of any shares of any class of capital stock of any Person, directly or indirectly through a Subsidiary of such Person or otherwise; the return of capital by any Person to its shareholders as such; or any other distribution on or in respect of any shares of any class of capital stock of any Person. DOLLARS or $. Dollars in lawful currency of the United States of America. DOMESTIC LENDING OFFICE. Initially, the office of each Bank designated as such in SCHEDULE 1 hereto; thereafter, such other office of such Bank, if any, located within the United States that will be making or maintaining Base Rate Loans.
See ss. Agent's Head Office. The Agent's head office located at 000 Xxxxxxx Xxxxxx, ------------------- Xxxxxx, Xxxxxxxxxxxxx 00000, or at such other location as the Agent may designate from time to time.
See ss. 2.5.1. ------------
See ss. 15- Loans. The Revolving Credit Loans and the Term Loan.
See ss. All expenditures made and all liabilities incurred ----------- (contingently or otherwise) for the acquisition of stock or Indebtedness of, or for loans, advances, capital contributions or transfers of property to, or in respect of any guaranties (or other commitments as described under Indebtedness), or obligations of, any Person. In determining the aggregate amount of Investments outstanding at any particular time: (i) the amount of any Investment represented by a guaranty shall be taken at not less than the principal amount of the obligations guaranteed and still outstanding; (ii) there shall be included as an Investment all interest accrued with respect to Indebtedness constituting an Investment unless and until such interest is paid; (iii) there shall be deducted in respect of each such Investment any amount received as a return of capital (but only by repurchase, redemption, retirement, repayment, liquidating dividend or liquidating distribution); (iv) there shall not be deducted in respect of any Investment any amounts received as earnings on such Investment, whether as dividends, interest or otherwise, except that accrued interest included as provided in the foregoing clause (ii) may be deducted when paid; and (v) there shall not be deducted from the aggregate amount of Investments any decrease in the value thereof. Any purchase of assets acquired primarily for purposes of operating the business of the Borrower and its Subsidiaries shall not be deemed to be an Investment, nor shall any prepayment of or advance for fees or expenses for services or goods in the Borrower's normal course of business (including prepayments or advances under marketing agreements).
See ss. 2.5. ------------ Loans. The Revolving Credit Loans. ----- Local Account. See ss.
See ss. 8.14. -----------------------------
See ss. The declaration or payment of any dividend on or in respect of any shares of any class of capital stock of the Borrower, other than dividends payable solely in shares of common stock, warrants, options or other similar equity securities representing the right to acquire common stock of the Borrower; the purchase, redemption, or other retirement of any shares of any class of capital stock of the Borrower, other than by way of issuance of shares of common stock; directly or indirectly through a Subsidiary of the Borrower or otherwise; the return of capital by the Borrower to its shareholders as such; or any other distribution on or in respect of any shares of any class of capital stock of the Borrower.
