PROCEEDS OF BUSINESS INTERRUPTION INSURANCE TO THE EXTENT
SUCH PROCEEDS CONSTITUTE COMPENSATION FOR LOST EARNINGS), CONDEMNATION AWARDS
(AND PAYMENTS IN LIEU THEREOF) AND INDEMNITY PAYMENTS.
"FINANCIAL STATEMENTS" MEANS THE MOST RECENT FINANCIAL STATEMENTS AND THE INCOME
STATEMENTS, BALANCE SHEETS AND OTHER FINANCIAL STATEMENTS REQUIRED TO BE
DELIVERED BY BORROWERS IN ACCORDANCE WITH THIS AGREEMENT.
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"FINANCING STATEMENTS" MEANS THE UCC-1 FINANCING STATEMENTS (INCLUDING ANY
AMENDMENTS AND CONTINUATIONS) AND UCC-3 FINANCING STATEMENTS REQUIRED HEREUNDER
OR UNDER ANY OTHER SECURITY DOCUMENT.
"FISCAL YEAR" MEANS A TWELVE-MONTH PERIOD OF TIME COMMENCING ON THE FIRST DAY OF
AUGUST.
"FISCAL YEAR-END" MEANS THE END OF EACH FISCAL YEAR.
"FIXED CHARGE COVERAGE" MEANS THE QUOTIENT WHICH IS OBTAINED BY DIVIDING (I) THE
SUM OF EBIDA FOR THE 12-MONTH PERIOD PRECEDING THE APPLICABLE DATE, PLUS THE
LEASE AND RENTAL EXPENSE FOR THE 12-MONTH PERIOD PRECEDING THE APPLICABLE DATE,
BY (II) THE SUM OF THE CURRENT MATURITIES OF LONG-TERM INDEBTEDNESS AS OF THE
APPLICABLE DATE, PLUS THE INTEREST EXPENSE AND LEASE AND RENTAL EXPENSE FOR THE
12-MONTH PERIOD PRECEDING THE APPLICABLE DATE.
"FUNDED DEBT" MEANS AS OF AN APPLICABLE TIME, WITHOUT DUPLICATION, (A) ALL OF
THE INDEBTEDNESS OF THE APPLICABLE PERSON WHICH IS INDEBTEDNESS (I) FOR BORROWED
MONEY, OR (II) IN RESPECT OF ANY CAPITALIZED LEASE OR THE DEFERRED PURCHASE
PRICE OF PROPERTY, WHETHER OR NOT INTEREST-BEARING AND WHETHER OR NOT, IN
ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, CLASSIFIED AS A
CURRENT LIABILITY OR LONG-TERM INDEBTEDNESS AT SUCH DATE, AND WHETHER SECURED OR
UNSECURED, EXCLUDING, HOWEVER, (B) INDEBTEDNESS THAT IS (I) ACCOUNTS PAYABLE AND
ACCRUED EXPENSES AND OTHER SIMILAR CURRENT LIABILITIES INCURRED IN BORROWER'S
ORDINARY COURSE OF BUSINESS, AND (II) ALL INDEBTEDNESS OF OTHERS GUARANTEED BY
THE APPLICABLE PERSON.
"GENERALLY ACCEPTED ACCOUNTING PRINCIPLES" MEANS GENERALLY ACCEPTED PRINCIPLES
OF ACCOUNTING IN EFFECT FROM TIME TO TIME IN THE UNITED STATES APPLIED IN A
MANNER CONSISTENT WITH THOSE USED IN PREPARING SUCH FINANCIAL STATEMENTS AS HAVE
HERETOFORE BEEN FURNISHED TO BANK BY THE APPLICABLE PERSON.
"GOVERNING BODY" MEANS THE BOARD OF DIRECTORS OF A PERSON (OR ANY PERSON OR
GROUP OF PERSONS EXERCISING SIMILAR AUTHORITY).
"GOVERNMENTAL APPROVALS" MEANS ALL AUTHORIZATIONS, CONSENTS, APPROVALS, LICENSES
AND EXEMPTIONS OF, REGISTRATIONS AND FILINGS WITH, AND REPORTS TO, ANY
GOVERNMENTAL AUTHORITY.
"GOVERNMENTAL AUTHORITY" MEANS ANY NATION OR GOVERNMENT AND ANY POLITICAL
SUBDIVISION THEREOF, AND ANY ENTITY EXERCISING EXECUTIVE, LEGISLATIVE, JUDICIAL,
REGULATORY, OR ADMINISTRATIVE FUNCTIONS OF OR PERTAINING THERETO, WHICH HAS OR
ASSERTS JURISDICTION OVER BANK, BORROWER PARTIES, OR ANY PROPERTY OF ANY OF
THEM.
"HAZARDOUS MATERIALS" AND "HAZARDOUS SUBSTANCES" MEANS "HAZARDOUS MATERIALS" AND
"HAZARDOUS SUBSTANCES" AS DEFINED UNDER ANY APPLICABLE ENVIRONMENTAL LAW.
"INCOME TAX EXPENSE" MEANS THE INCOME TAX EXPENSE OF AN APPLICABLE PERSON FOR
THE APPLICABLE PERIOD (TO THE EXTENT INCLUDED IN THE COMPUTATION OF NET INCOME),
DETERMINED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
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"INDEBTEDNESS" MEANS, WITH RESPECT TO ANY PERSON, ALL ITEMS OF INDEBTEDNESS,
OBLIGATION OR LIABILITY, WHETHER MATURED OR UNMATURED, LIQUIDATED OR
UNLIQUIDATED, DIRECT OR CONTINGENT, JOINT OR SEVERAL, INCLUDING, BUT WITHOUT
LIMITATION OR DUPLICATION:
(A)
ALL OBLIGATIONS