Borrower Historical Audited Financial Statements means the audited financial statements of the Borrower and its consolidated subsidiaries for the fiscal years of the Borrower ended December 31, 2009, December 31, 2010 and December 31, 2011, consisting of balance sheets and the related consolidated statements of income, stockholders’ equity and cash flows for such fiscal years.
Borrower Historical Audited Financial Statements means the audited financial statements of the Borrower and its consolidated subsidiaries for the fiscal years of the Borrower ended December 31, 2009, December 31, 2010 and December 31, 2011, consisting of balance sheets and the related consolidated statements of income, stockholders’ equity and cash flows for such fiscal years. “Borrower Historical Unaudited Financial Statements” shall mean the unaudited financial statements of the Borrower and its consolidated subsidiaries for the fiscal quarter of the Borrower ended March 31, 2012, prepared in accordance with GAAP consistently applied. “Borrower Materials” shall have the meaning provided in Section 13.2(c). “Borrowing” shall mean Loans of the same Class and Type made, converted or continued on the same date and, in the case of LIBO Rate Loans, as to which a single Interest Period is in effect. “Business Day” shall mean any day excluding Saturday, Sunday and any day that shall be in The City of New York a legal holiday or a day on which banking institutions are authorized by law or other governmental actions to close; provided, however, that when used in connection with a LIBOR Loan or an ABR Loan based on the Adjusted LIBO Rate, the term “Business Day” shall also exclude any day on which banks are not open for dealings in Dollar deposits in the London interbank market. “Calculation Date” means the last day of any fiscal quarter. “Cancellation” shall mean the cancellation, termination and forgiveness by Purchasing Borrower Party of all Loans, Commitments and related Obligations acquired in connection with an Auction Purchase or other acquisition of Term Loans, which cancellation shall be consummated as described in Section 13.6(e). “Capital Expenditures” shall mean, for any period, the aggregate of all expenditures (whether paid in cash or accrued as liabilities and including in all events all amounts expended or capitalized under Capital Leases, but excluding any amount representing capitalized interest) by the Borrower and the Restricted Subsidiaries during such period that, in conformity with GAAP, are or are required to be included as additions during such period to property, plant or equipment reflected in the consolidated balance sheet of the Borrower and its Subsidiaries; provided that the term “Capital Expenditures” shall not include (a) expenditures made in connection with the replacement, substitution, restoration or repair of assets (i) to the extent financed from insurance proceeds paid on ac...