ANY INDEBTEDNESS OF ANY OTHER PERSON;
(V)
ALL INDEBTEDNESS CREATED OR ARISING UNDER ANY CONDITIONAL SALE
OR OTHER TITLE RETENTION AGREEMENT WITH RESPECT TO PROPERTY ACQUIRED, WHETHER OR
NOT SUCH INDEBTEDNESS SHALL HAVE BEEN ASSUMED BY SUCH PERSON OR IS LIMITED IN
RECOURSE;
(VI)
ALL PAYMENT OBLIGATIONS, CONTINGENT OR OTHERWISE, OF SUCH
PERSON EQUAL TO THE FACE AMOUNT OF LETTERS OF CREDIT, WHETHER OR NOT DRAWN,
INCLUDING, WITHOUT LIMITATION, ANY REIMBURSEMENT OBLIGATION UNDER ANY SUCH
LETTER OF CREDIT ISSUED FOR THE ACCOUNT OF SUCH PERSON; AND
(VII)
HEDGING OBLIGATIONS.
(L)
"ENVIRONMENTAL LAWS" MEANS ALL LAWS, RULES, REGULATIONS,
CODES, ORDINANCES, ORDERS, DECREES, JUDGMENTS, INJUNCTIONS, NOTICES OR BINDING
AGREEMENTS ISSUED, PROMULGATED OR ENTERED INTO BY ANY GOVERNMENTAL AUTHORITY,
RELATING IN ANY WAY TO THE ENVIRONMENT, PRESERVATION OR RECLAMATION OF NATURAL
RESOURCES, THE MANAGEMENT, RELEASE OR THREATENED RELEASE OF ANY HAZARDOUS
MATERIAL OR TO HEALTH AND SAFETY MATTERS.
(M)
"ENVIRONMENTAL LIABILITIES" MEANS, AS TO ANY PERSON, ALL
LIABILITIES, OBLIGATIONS, RESPONSIBILITIES, REMEDIAL ACTIONS, LOSSES, DAMAGES,
PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, TREBLE DAMAGES, COSTS, AND EXPENSES,
(INCLUDING, WITHOUT LIMITATION, ALL REASONABLE FEES, DISBURSEMENTS AND EXPENSES
OF COUNSEL, EXPERT AND CONSULTING FEES AND COSTS OF INVESTIGATION AND
FEASIBILITY STUDIES), FINES, PENALTIES, SANCTIONS, AND INTEREST INCURRED AS A
RESULT OF ANY CLAIM OR DEMAND, BY ANY PERSON, WHETHER BASED IN CONTRACT, TORT,
IMPLIED OR EXPRESS WARRANTY, STRICT LIABILITY, CRIMINAL OR CIVIL STATUTE,
INCLUDING ANY ENVIRONMENTAL LAW, PERMIT, ORDER OR AGREEMENT WITH ANY
GOVERNMENTAL AUTHORITY OR OTHER PERSON, ARISING FROM ENVIRONMENTAL, HEALTH OR
SAFETY CONDITIONS OR THE RELEASE OR THREATENED RELEASE OF A HAZARDOUS MATERIAL
INTO THE ENVIRONMENT, RESULTING FROM THE PAST, PRESENT, OR FUTURE OPERATIONS OF
SUCH PERSON OR ITS AFFILIATES.
(N)
"FISCAL QUARTER" MEANS, WITH RESPECT TO DEBTORS, ANY
CONSECUTIVE PERIOD OF THREE (3) CALENDAR MONTHS ENDING ON THE LAST DAY OF MARCH,
JUNE, SEPTEMBER AND DECEMBER OF EACH CALENDAR YEAR.
(O)
"GAAP" MEANS GENERALLY ACCEPTED ACCOUNTING PRINCIPLES IN THE
UNITED STATES AS IN EFFECT FROM TIME TO TIME, APPLIED ON A CONSISTENT BASIS, AS
SET FORTH IN OPINIONS OF THE ACCOUNTING PRINCIPLES BOARD OF THE AMERICAN
INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS AND/OR IN STATEMENTS OF THE FINANCIAL
ACCOUNTING STANDARDS BOARD AND/OR THEIR RESPECTIVE SUCCESSORS AND WHICH ARE
APPLICABLE IN THE CIRCUMSTANCES AS OF THE DATE IN QUESTION. ACCOUNTING
PRINCIPLES ARE APPLIED ON A "CONSISTENT BASIS" WHEN THE ACCOUNTING PRINCIPLES
APPLIED IN A CURRENT PERIOD ARE REASONABLY COMPARABLE IN ALL MATERIAL RESPECTS
TO THOSE ACCOUNTING PRINCIPLES APPLIED IN A PRECEDING PERIOD.
(P)
"GOVERNMENTAL AUTHORITY" MEANS THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, ANY OTHER NATION OR ANY POLITICAL SUBDIVISION THEREOF,
WHETHER STATE OR LOCAL, AND ANY AGENCY, AUTHORITY, INSTRUMENTALITY, REGULATORY
BODY, COURT, CENTRAL BANK OR OTHER ENTITY EXERCISING EXECUTIVE, LEGISLATIVE,
JUDICIAL, TAXING, REGULATORY OR ADMINISTRATIVE POWERS OR FUNCTIONS OF OR
PERTAINING TO GOVERNMENT.
(Q)
"HAZARDOUS MATERIALS" MEANS ALL EXPLOSIVE OR RADIOACTIVE
SUBSTANCES OR WASTES AND ALL HAZARDOUS OR TOXIC SUBSTANCES, WASTES OR OTHER
POLLUTANTS, AND ALL OTHER SUBSTANCES OR WASTES OF ANY NATURE REGULATED PURSUANT
TO ANY ENVIRONMENTAL LAW.
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(R)
"HEDGING AGREEMENT"