or BofA
Facility Agent that provides Cash Management Services to any of the BofA
Facility Loan Parties with the obligations of such BofA Facility Loan Parties
thereunder being secured by one or more BofA Facility Security Documents,
together with their respective successors, assigns and transferees.
"BofA Credit Agreement" shall have the meaning assigned to such term in the
recitals to this Agreement and shall include any other agreement extending the
maturity of, consolidating, restructuring, refunding, replacing or refinancing
all or any portion of the BofA Facility Obligations in accordance with the terms
hereof (including any credit agreement in connection with a DIP Financing
provided by any of the BofA Facility Secured Parties pursuant to Section 6.1(a)
hereof), whether by the same or any other agent, lender or group of lenders and
whether or not increasing the amount of any Indebtedness that may be incurred
thereunder; provided that any such amendment, modification or refinancing shall
be in accordance with the terms and conditions of this Agreement.
"BofA Facility Event of Default" shall mean an Event of Default as defined in
the BofA Credit Agreement.
"BofA Facility Guaranty" shall have the meaning assigned to that term in the
recitals to this Agreement and shall also include any further guaranty made by
an Guarantor guaranteeing, inter alia, the payment and performance of the BofA
Facility Obligations.
"BofA Facility Lenders" shall have the meaning assigned to that term in the
introduction to this Agreement, as well as any Person designated as a "Lender"
under any BofA Credit Agreement.
"BofA Facility Loan Documents" shall mean the BofA Credit Agreement, the BofA
Facility Guaranty, the BofA Facility Security Documents, all agreements relating
to Bank Products between any BofA Facility Loan Party and any BofA Facility Bank
Products Affiliate, all Cash Management Services Agreements between any BofA
Facility Loan Party and any BofA Facility Cash Management Affiliate, those other
ancillary agreements as to which any BofA Facility Secured Party is a party or a
beneficiary and all other related agreements, instruments, documents and
certificates, now or hereafter executed by or on behalf of any BofA Facility
Loan Party or any of its respective subsidiaries or Affiliates, and delivered to
the BofA Facility Agent or any other BofA Facility Secured Party, in connection
with any of the foregoing or any BofA Credit Agreement, in each case as the same
may be amended, supplemented, restated or otherwise modified from time to time
in accordance with the terms hereof.
"BofA Facility Loan Parties" shall have the meaning assigned to that term in the
recitals to this Agreement.
4
"BofA Facility Obligations" shall mean all obligations (including all
"Obligations" under and as defined in the BofA Credit Agreement) of every nature
of each BofA Facility Loan Party from time to time owed to the BofA Facility
Secured Parties, or any of them, under any BofA Loan Document (including any
obligations in connection with a DIP Financing provided by any of the BofA
Facility Secured Parties pursuant to Section 6.1(a) hereof), whether