THE CREDIT AGREEMENT, THE INTEREST RATE AGREEMENTS OR
THE SENIOR SECURED NOTES DOCUMENTS.
1.3
"BORROWER" SHALL MEAN WILLIAMS SCOTSMAN, INC., A MARYLAND
CORPORATION AND ITS SUCCESSORS AND ASSIGNS, INCLUDING, WITHOUT LIMITATION, A
RECEIVER, TRUSTEE OR DEBTOR-IN-POSSESSION ON BEHALF OF WILLIAMS SCOTSMAN, INC.
OR ON BEHALF OF ANY SUCH SUCCESSOR OR ASSIGN.
1.4
"BTCC" SHALL MEAN BT COMMERCIAL CORPORATION (AND SHALL INCLUDE ANY
SUCCESSOR THERETO), ACTING AS SUB-COLLATERAL AGENT AS CONTEMPLATED BY THE CREDIT
AGREEMENT OR ANY OTHER CREDIT DOCUMENT.
1.5
"CERTIFICATE OF TITLE" SHALL MEAN ANY AND ALL CERTIFICATES OF
TITLE, CERTIFICATES OF OWNERSHIP AND ANY OTHER REGISTRATION CERTIFICATES AT ANY
TIME ISSUED UNDER THE LAWS OF ANY STATE OF THE UNITED STATES OF AMERICA, OR ANY
POLITICAL SUBDIVISION OR INSTRUMENTALITY OF SUCH STATE, FOR ANY OF THE UNITS AT
ANY TIME OWNED OR LEASED BY ANY COMPANY.
1.6
"COLLATERAL INSTRUMENTS" SHALL MEAN, INDIVIDUALLY AND
COLLECTIVELY, (A) CERTIFICATES OF TITLE, (B) ANY AND ALL MANUFACTURER'S
STATEMENTS OF ORIGIN, MANUFACTURER'S CERTIFICATES OF ORIGIN AND OTHER
CERTIFICATES, STATEMENTS, BILLS OF SALE OR OTHER EVIDENCE OF THE TRANSFER TO OR
OWNERSHIP OF ANY COMPANY OF ANY UNITS AT ANY TIME AND FROM TIME TO TIME, AND
(C) ANY AND ALL LEASES.
1.7
"COMPANIES" SHALL MEAN AND INCLUDE THE BORROWER, SMI, THE UNIT
SUBSIDIARY, T&T AND EVERGREEN, AS WELL AS ANY ENTITY WHICH BECOMES A "COMPANY"
HEREUNDER
2
AFTER THE DATE HEREOF PURSUANT TO THE PROVISIONS OF SECTION 4.10 HEREOF,
AND
SHALL INCLUDE, WITHOUT LIMITATION, ANY OF THEIR SUCCESSORS AND ASSIGNS,
INCLUDING WITHOUT LIMITATION A RECEIVER, TRUSTEE OR DEBTOR-IN-POSSESSION ON
BEHALF OF ANY SUCH COMPANY OR ON BEHALF OF ANY SUCH SUCCESSOR OR ASSIGN.
1.8
"CREDIT AGREEMENT" SHALL MEAN THE AMENDED AND RESTATED CREDIT
AGREEMENT, DATED AS OF JUNE 28, 2005, AMONG WILLIAMS SCOTSMAN
INTERNATIONAL, INC. (FORMERLY KNOWN AS SCOTSMAN HOLDINGS, INC.) ("HOLDINGS"),
THE BORROWER, VARIOUS FINANCIAL INSTITUTIONS (THE "LENDERS"), BANK OF AMERICA,
N.A., AS ADMINISTRATIVE AGENT, DEUTSCHE BANK TRUST COMPANY AMERICAS, AS
SYNDICATION AGENT, CITICORP USA, INC., WELLS FARGO BANK, N.A. AND LEHMAN
COMMERCIAL PAPER INC., AS CO-DOCUMENTATION AGENTS, AND BANC OF AMERICA
SECURITIES LLC AND DEUTSCHE BANK SECURITIES INC., AS CO-LEAD ARRANGERS AND JOINT
BOOK RUNNERS, AS AMENDED, MODIFIED, EXTENDED, RENEWED, REPLACED, RESTATED OR
SUPPLEMENTED FROM TIME TO TIME, AND INCLUDING ANY AGREEMENT OR AGREEMENTS
EXTENDING THE MATURITY OF, OR REFINANCING OR RESTRUCTURING (INCLUDING, BUT NOT
LIMITED TO, THE INCLUSION OF ADDITIONAL BORROWERS OR GUARANTORS THEREUNDER OR
ANY INCREASE IN THE AMOUNT BORROWED) ALL OR ANY PORTION OF, THE INDEBTEDNESS
UNDER SUCH AGREEMENT OR ANY SUCCESSOR AGREEMENT OR AGREEMENTS, WHETHER OR NOT
WITH THE SAME AGENT, TRUSTEE, REPRESENTATIVE, LENDERS OR HOLDERS.
1.9
"CREDIT DOCUMENTS" SHALL MEAN THAT TERM AS DEFINED IN THE CREDIT
AGREEMENT.
1.10
"CUSTODIANS" SHALL MEAN, INDIVIDUALLY AND COLLECTIVELY, MAYNARD
BECKER, A RESIDENT OF THE STATE OF PENNSYLVANIA, AND DONNA FINNERTY, A RESIDENT
OF THE STATE OF MARYLAND, AND ANY SUCCESSOR, ASSIGNEE, REPLACEMENT OR ADDITIONAL
PERSON AT ANY TIME ACTING AS CUSTODIAN FOR THE BENEFIT OF BOFA UNDER THE TERMS
HEREOF.
1.11
"DBTCA" SHALL MEAN DEUTSCHE BANK TRUST COMPANY AMERICAS