an ERISA Entity to a
Multiemployer Plan as a result of a complete or partial withdrawal from such
Multiemployer Plan, as such terms are defined in Part 1 of Subtitle E of Title
IV of ERISA.
"Working Capital" shall mean an amount determined for Borrower and its
Restricted Subsidiaries equal to the sum of all current assets (other than cash
and Cash Equivalents) less the sum of all current liabilities (other than the
current portion of long-term Indebtedness).
SECTION 1.02.
OTHER DEFINITIONS.
Term
Defined in Section
"Act"
13.14
"Additional Credit Party"
9.11
"Administrative Agent"
Introduction
"Advance Date"
4.06
"Anti-Terrorism Laws"
8.28(a)
"Argosy"
Recitals
44
Term
Defined in Section
"Argosy Acquisition"
Recitals
"Argosy Refinancings"
7.01(x)(b)
"Borrower"
Introduction
"Borrower Refinancings"
7.01(x)(a)
"Class"
1.04
"Closing Date"
7.01
"Co-Documentation Agents"
Introduction
"Complementary Asset Acquisition"
10.04(j)
"Co-Syndication Agents"
Introduction
"Covered Taxes"
5.06(a)
"Designation"
9.12(a)
"Designation Amount"
9.12(a)(ii)
"Event of Default"
11.01
"Excess Cash Flow Measurement Date"
2.10(a)(iv)
"Excluded Designation"
9.13(a)
"Excluded Immaterial Subsidiaries"
9.13(a)
"Executive Order"
8.28(a)
"Existing Indebtedness"
8.20
"Existing Letter of Credit"
2.03(n)
"Foreign Lender Certificate"
5.06(b)
"Guaranteed Obligations"
6.01
"Incremental Effective Date"
2.12(b)
"Incremental Joinder Agreement"
2.12(b)
"Incremental Lender"
2.12(a)
"Incremental Revolving Commitment"
2.12(a)
"Incremental Term A Loan Commitments"
2.12(a)
"Incremental Term A Loans"
2.12(a)
"Incremental Term B Loan Commitments"
2.12(a)
"Incremental Term B Loans"
2.12(a)
"Indemnitee"
13.03(b)
"Initial Cap Ex Amount"
10.08(d)
"Intellectual Property"
8.19
"Judgment Currency Conversion Date"
13.15(a)
"L/C Payment Notice"
2.03(d)
"Lead Arrangers"
Introduction
"Lender SNDA"
8.24(d)
"Letter of Credit Request"
2.03(b)
"Liquor Authorities"
13.13(a)
"Liquor Laws"
13.13(a)
"Mandatory Declined Amount"
2.10(b)
"Mandatory Excess Amount"
2.10(b)
"Mandatory Offer"
2.10(b)
"Merger Sub"
Recitals
"New Incremental Lender"
2.12(a)
"New Incremental Term Loans"
2.12(a)
45
Term
Defined in Section
"New Incremental Term Loan Commitment"
2.12(a)
"Non-Divested Argosy Baton Rouge Assets"
9.08(e)(C)
"Non-U.S. Lender"
5.06(b)
"Obligation Currency"
13.15(a)
"OFAC"
8.28(b)(v)
"Optional Declined Amount"
2.09(b)(ii)
"Optional Offer"
2.09(b)(ii)
"Optional Offered Amount"
2.09(b)(ii)
"Other Taxes"
5.06(d)
"Payor"
4.06
"Permits"
8.15
"Permitted Liens"
10.02
"Post-Increase Revolving Lenders"
2.12(d)
"Pre-Increase Revolving Lenders"
2.12(d)
"Prepayment New Incremental Term Loans"
2.09(b)(ii)
"Prepayment New Incremental Term Loan Lenders"
2.09(b)(ii)
"Projections"
7.01(viii)
"Redesignation"
9.13(a)
"Refinanced Term Loans"
13.04(a)
"Register"
2.08(c)
"Replaced Lender"
2.11(a)
"Replacement Lender"
2.11(a)
"Replacement Term Loans"
13.04(a)
"Required Payment"
4.06
"Retained Property"
9.08(e)(C)
"Revocation"
9.12(b)
"Revolving Loans"
2.01(a)
"Specified Cap Ex Amount"
10.08(d)
"Tax Benefit"
5.06(f)
"Tax Returns"
8.08
"Transfer Agreement Person"
9.14
"Type"
1.04
"Undelivered Closing Collateral"
7.01
"Unreimbursed Amount"
2.03(e)
SECTION 1.03.
Accounting Terms and Determinations.
Except as otherwise
provided in this Agreement, all computations and determinations as to accounting
or financial matters (including financial covenants) shall be made in accordance
with GAAP as in effect on the Closing Date consistently applied for all
applicable periods, and all accounting or financial terms shall have the
meanings ascribed to such terms by GAAP.
If at any time any change in GAAP
would affect the computation of any financial ratio or requirement set forth in
any Credit Document, and Borrower notifies Administrative Agent that Borrower
requests an amendment to any provision hereof to eliminate the