DUTIES, JUDGMENTS AND OTHER LIABILITIES HOWSOEVER CHARACTERIZED, WHETHER KNOWN
OR UNKNOWN, ACTUAL, CONTINGENT OR OTHERWISE, AND ANY AND ALL ACTIONS, CLAIMS,
CONTESTS, SUITS, DEMANDS AND OTHER JUDICIAL OR ADMINISTRATIVE ACTIONS SEEKING TO
IMPOSE ANY OF THE FOREGOING.
3
(HH)
"LOSSES" MEANS LOSSES, OBLIGATIONS, LIABILITIES,
SETTLEMENT PAYMENTS, AWARDS, JUDGMENTS, FINES, ASSESSMENTS, PENALTIES, AND
DAMAGES.
(II)
"MATERIAL ADVERSE EFFECT" MEANS A MATERIAL
ADVERSE EFFECT ON THE BUSINESS OR OPERATIONS OF THE BUICK FACILITY, AND/OR IN
THE CASE OF GOVERNMENTAL PERMITS AND ENVIRONMENTAL LAWS, THAT WOULD MAKE
IMPRACTICAL OR UNDULY COSTLY THE OBTAINING OR RETENTION OF SUCH GOVERNMENTAL
PERMITS WITHOUT UNDUE COST OR EXTRAORDINARY ACTION BEYOND THE CURRENT METHOD OF
OPERATING.
(JJ)
"OSHA" MEANS THE OCCUPATIONAL SAFETY AND
HEALTH ACT, 29 U.S.C. §§ 651 ET SEQ., AS CURRENTLY AMENDED, AND ANY REGULATIONS
PROMULGATED THEREUNDER.
(KK)
"OWNED REAL PROPERTY" HAS THE MEANING SPECIFIED
IN SECTION 2.1(A).
(LL)
"PERMITTED ENCUMBRANCES" MEANS THE
ENCUMBRANCES SPECIFICALLY SET FORTH ON SCHEDULE 4.1(G) HERETO.
(MM)
"PERSON" MEANS ANY INDIVIDUAL, CORPORATION,
PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION, JOINT VENTURE,
ASSOCIATION, JOINT-STOCK COMPANY, TRUST, UNINCORPORATED ORGANIZATION OR
GOVERNMENTAL BODY.
(NN)
"RCRA" MEANS THE RESOURCE CONSERVATION AND
RECOVERY ACT, 42 U.S.C. §§ 6901 ET SEQ., AS CURRENTLY AMENDED, AND ANY
REGULATIONS PROMULGATED THEREUNDER.
(OO)
"RELEASE" INCLUDES ANY AND ALL SPILLING, LEAKING,
PUMPING, POURING, EMITTING, EMPTYING, DISCHARGING, INJECTING, ESCAPING,
LEACHING, DUMPING, DISPOSING, AND ANY OTHER MEANS BY WHICH A SUBSTANCE MAY BE
INTRODUCED INTO OR TRAVEL THROUGH THE ENVIRONMENT, REPORTABLE UNDER ANY
APPLICABLE ENVIRONMENTAL LAW.
(PP)
"REMEDIAL ACTION" SHALL INCLUDE ALL ACTIONS
REQUIRED BY A COURT ORDER OR OTHERWISE BY A GOVERNMENTAL BODY TO (I) CLEAN UP,
REMOVE, REMEDIATE, CONTAIN, TREAT, MONITOR, ASSESS, EVALUATE, OR IN ANY OTHER
WAY ADDRESS CONTAMINANTS, (II) PREVENT OR MINIMIZE A RELEASE OR THREATENED
RELEASE OF CONTAMINANTS, OR (III) ANY OTHER ACTIONS, INCLUDING REMOVAL, REMEDIAL
OR OTHER RESPONSE ACTIONS AS DEFINED IN SECTION 9601 OF CERCLA.
(QQ)
"REQUIREMENTS OF LAW" MEANS ANY FOREIGN, FEDERAL,
STATE OR LOCAL LAW, STATUTE, REGULATION, CODE OR ORDINANCE OF ANY GOVERNMENTAL
BODY CURRENTLY IN EFFECT AND AS THE SAME MAY BE AMENDED FROM TIME TO TIME,
APPLICABLE TO THE OWNERSHIP OR OPERATION OF THE BUICK FACILITY AND/OR THE
OPERATION OF THE BUICK BUSINESS AS CURRENTLY IN EFFECT.
(RR)
"SALES CONTRACTS" HAS THE MEANING SPECIFIED
IN SECTION 2.2(F).
(SS)
"SHARED LIABILITIES" HAS THE MEANING SPECIFIED
IN SECTION 2.5.
(TT)
"SENIOR OFFICERS" MEANS THE CHIEF EXECUTIVE
OFFICER, CHIEF OPERATING OFFICER, CHIEF FINANCIAL OFFICER, TREASURER, AND
CORPORATE SECRETARY OF DOE RUN OR
4
TRANSFEREE, AND GENERAL MANAGER OF TRANSFEREE, OR PERSONS PERFORMING EQUIVALENT
FUNCTIONS.
(UU)
"TAX" MEANS ANY APPLICABLE FEDERAL, STATE, COUNTY,
LOCAL OR FOREIGN INCOME, ALTERNATIVE OR ADD-ON MINIMUM, GROSS INCOME, GROSS
RECEIPTS, PROPERTY, SALES, USE, TRANSFER, LICENSE, EXCISE, PREMIUM, LEASE,
FRANCHISE, EMPLOYMENT, PAYROLL, WAGE, WITHHOLDING OR MINIMUM TAX, AD VALOREM, OR
CUSTOMS DUTY, TOGETHER WITH ANY INTEREST, PENALTY OR FINE, OR ADDITION TO TAX
IMPOSED BY ANY GOVERNMENTAL BODY.
(VV)
"EXCHANGE OFFER" MEANS THAT CERTAIN RESTATED
EXCHANGE OFFER, CONSENT SOLICITATION AND SOLICITATION OF ACCEPTANCES FOR ALL
OUTSTANDING 11.25% SENIOR SECURED NOTES DUE