amount (as of the date of incurrence
thereof) of all Incremental Loan Commitments and Incremental Loans, in each case
previously incurred under this clause (b). Unless the Parent Borrower otherwise
notifies the Administrative Agent, if all or any portion of any Incremental Loan
Commitments and/or Incremental Loans would be permitted under clause (a) above
on the applicable date of incurrence, such Incremental Loan Commitments and/or
Incremental Loans (or the relevant portion thereof) shall be deemed to have been
incurred in reliance on clause (a) above prior to the utilization of any amount
available under clause (b) above.
"Incremental Facility Amendment" shall have the meaning assigned to such term in
Section 2.9(a).
"Incremental Lender" has the meaning assigned thereto in Section 2.9(a).
"Incremental Loan Commitments" has the meaning assigned thereto in Section
2.9(a)(ii).
"Incremental Loans" has the meaning assigned thereto in Section 2.9(a)(ii).
"Incremental Revolving Commitment" has the meaning assigned thereto in Section
2.9(a)(ii).
"Incremental Revolving Credit Increase" has the meaning assigned thereto in
Section 2.9(a)(ii).
"Incremental Term Loan" has the meaning assigned thereto in Section 2.9(a)(i).
"Incremental Term Loan Commitment" has the meaning assigned thereto in Section
2.9(a)(i).
"Indemnified Liabilities" has the meaning assigned thereto in Section 13.2.
"Indemnitee" has the meaning assigned thereto in Section 13.2.
"Information" has the meaning assigned thereto in Section 13.8.
"Initial Revolving Loans" has the meaning assigned thereto in Section 2.9(e).
"Initial Term Loan" means the term loan made, or to be made, to the Parent
Borrower by the Term Loan Lenders pursuant to Section 2.5.
"Interest Coverage Ratio" means, as of the last day of any Fiscal Quarter, the
ratio of (a) Consolidated EBITDA to (b) Consolidated Interest Expense, in each
case for the period of four (4) consecutive Fiscal Quarters ending as of such
day.
"Interest Period" has the meaning assigned thereto in Section 4.1(b).
"Investment" means, with respect to any Person, that such Person (a) purchases,
owns, invests in or otherwise acquires (in one transaction or a series of
transactions), directly or indirectly, any Equity Interests, interests in any
partnership or joint venture (including, without limitation, the creation or
capitalization of any Subsidiary), evidence of Debt or other obligation or
security, substantially all or a portion of the business or assets of any other
Person or any other investment or interest whatsoever in any other Person, (b)
makes
19
any Acquisition or (c) makes or permits to exist, directly or indirectly, any
loans, advances or extensions of credit to, or any investment in cash or by
delivery of property in, any Person.
"ISP" means, with respect to any Letter of Credit, the "International Standby
Practices 1998" published by the Institute of International Banking Law &
Practice, Inc. (or such later version thereof as may be in effect at the time of
issuance of such Letter of Credit).
"Issuing Lender" means Wells Fargo, The Bank of Tokyo-Mitsubishi UFJ, Ltd., Bank
of America, N.A., JPMorgan Chase Bank, N.A. and any other Lender mutually
acceptable and on terms satisfactory to such Lender, the