117 definition

117. Revolving Loan Borrowers" shall mean, individually and collectively, HDPI, Brawn, GBM, Gump'x, XX Xxxp., Tweeds LLC, Silhouettes LLC, HCS LLC, Domestications LLC, Colonial Garden, LWI, HDV, Aegis and Austxx."

117. Notes" has the meaning set forth in Section 9.1.1. -----

117. Total Enterprise Value" shall mean, on any date, the greater of (A) total asset value of the Company (as measured in accordance with GAAP) and (B) total market capitalization of the Company (based on the Fair Market Value of the outstanding Common Stock and OP Units and the outstanding indebtedness of the Company and its Subsidiaries).

More Definitions of 117

117. Person" means any individual, partnership, corporation, limited liability company, association, unincorporated organization, trust or other entity, including but not limited to, any government or agency or subdivision thereof, and the heirs, executors, administrators, legal representatives, successor and assigns of such Person where the context so permits.

117. TERM" means the period commencing as of the Closing Date and ending on the close of business on the Maturity Date.

117. Real Property" shall mean all now owned and hereafter acquired real property of Borrower, including leasehold interests, together with all buildings, structures, and other improvements located thereon and all licenses, easements and appurtenances relating thereto, wherever located.

117. Required Lenders" shall mean, at any time, those Lenders whose Pro Rata Shares aggregate fifty-one (51%) percent or more of the aggregate of the Commitments of all Lenders, or if the Commitments shall have been terminated, Lenders to whom at least fifty-one (51%) percent of the then outstanding Obligations are owing.

117. Permitted Liens" means (a) Liens securing the Obligations, (b) Liens for taxes and other statutory Liens, landlord's Liens and other Liens arising out of operation of law so long as the obligations secured thereby are not past due or are being contested and the proceedings contesting such obligations have the effect of preventing the forfeiture or sale of the property subject to such Lien, (c) Liens for deposits made in the ordinary course of business in connection with workers' compensation, unemployment insurance, social security and similar laws, (d) attachment, judgment and other similar non-tax Liens arising in connection with court proceedings but only if and for so long as (i) the execution or enforcement of such Liens is and continues to be effectively stayed and bonded on appeal, (ii) the validity and/or amount of the claims secured thereby are being actively contested in good faith by appropriate legal proceedings and (iii) such Liens do not, in the aggregate, materially detract from the value of the assets of the Person whose assets are subject to such Lien or materially impair the use thereof in the operation of such Person's business, (e) Liens on any property acquired or held by Borrower securing Debt incurred or assumed for the purpose of financing all or any part of the cost of acquiring such property, provided that (i) any such Lien attaches to the property concurrently or within one hundred eighty (180) days after the acquisition thereof, (ii) such Lien attaches solely to the property so acquired in such transaction, and (iii) the principal amount of the debt secured thereby does not exceed one hundred percent (100%) of the cost of such property, (f) Liens in the nature of easements or other similar encumbrances or restrictions on the use of a Borrower's properties, so long as such Liens do not materially impair a Borrower's use of such property, (g) Liens existing on the date hereof, and (h) Liens arising after the date hereof in connection with capital lease transactions permitted by the Merger Agreement.

117. UNAUDITED FINANCIAL STATEMENTS" means the balance sheet of the Corporation as at the Unaudited Statements Date and the accompanying statements of income and cash flows, for the six months then ended, all as attached as Schedule 1.1.117;

117. 2001 NOTES" means the 8 5/8% senior notes due 2011 issued by NSCL under the 0000 Xxxxxxxxx.