MEANING SET FORTH IN SECTION 5.7
HEREOF.
1.1.29
"ENVIRONMENTAL LAWS" SHALL HAVE THE MEANING SET FORTH IN
SECTION 3.15 HEREOF.
1.1.30
"ERISA" SHALL HAVE THE MEANING SET FORTH IN SECTION 3.13 HEREOF.
1.1.31
"EVENT OF DEFAULT" SHALL HAVE THE MEANING SET FORTH IN SECTION 6.1
HEREOF.
1.1.32
"FUNDED DEBT RATIO" SHALL HAVE THE MEANING SET FORTH IN SECTION 5.24
HEREOF.
1.1.33
"GAAP" MEANS GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (AS IN EFFECT
FROM TIME TO TIME), CONSISTENTLY APPLIED.
1.1.34
"HEDGING CONTRACTS" MEANS, INTEREST RATE SWAP AGREEMENTS, INTEREST
RATE CAP AGREEMENTS AND INTEREST RATE COLLAR AGREEMENTS, OR ANY OTHER AGREEMENTS
OR ARRANGEMENTS ENTERED INTO BETWEEN THE BORROWERS AND ANY BANK AND DESIGNED TO
PROTECT THE BORROWERS AGAINST FLUCTUATIONS IN INTEREST RATES OR CURRENCY
EXCHANGE RATES.
5
1.1.35
"HEDGING OBLIGATIONS" MEANS, WITH RESPECT TO THE BORROWER, ALL
LIABILITIES OF THE BORROWER TO ANY BANK UNDER HEDGING CONTRACTS.
1.1.36
"HONOR DATE" MEANS THE DATE OF ANY PAYMENT BY THE ISSUING BANK UNDER
A LETTER OF CREDIT.
1.1.37
"INDEBTEDNESS" WITH RESPECT TO ANY PERSON MEANS AND INCLUDES,
WITHOUT DUPLICATION, (I) ALL ITEMS WHICH, IN ACCORDANCE WITH GAAP, WOULD BE
INCLUDED AS A LIABILITY ON THE BALANCE SHEET OF SUCH PERSON, BUT EXCLUDING
ANYTHING IN THE NATURE OF CAPITAL STOCK, SURPLUS CAPITAL AND RETAINED EARNINGS,
(II) THE FACE AMOUNT OF ALL BANKER'S ACCEPTANCES AND OF ALL LETTERS OF CREDIT
ISSUED BY ANY BANK FOR THE ACCOUNT OF SUCH PERSON AND ALL DRAFTS DRAWN
THEREUNDER, (III) THE TOTAL AMOUNT OF ALL INDEBTEDNESS SECURED BY ANY
ENCUMBRANCE TO WHICH ANY PROPERTY OR ASSET OF SUCH PERSON IS SUBJECT, WHETHER OR
NOT THE INDEBTEDNESS SECURED THEREBY SHALL HAVE BEEN ASSUMED, AND (IV) THE TOTAL
AMOUNT OF ALL INDEBTEDNESS AND OBLIGATIONS OF OTHERS WHICH SUCH PERSON HAS
DIRECTLY OR INDIRECTLY GUARANTEED, ENDORSED (OTHERWISE THAN FOR COLLECTION OR
DEPOSIT IN THE ORDINARY COURSE OF BUSINESS), DISCOUNTED WITH RECOURSE OR AGREED
(CONTINGENTLY OR OTHERWISE) TO PURCHASE OR REPURCHASE OR OTHERWISE ACQUIRE,
INCLUDING, WITHOUT LIMITATION, ANY AGREEMENT (A) TO ADVANCE OR SUPPLY FUNDS TO
SUCH OTHER PERSON TO MAINTAIN WORKING CAPITAL, EQUITY CAPITAL, NET WORTH OR
SOLVENCY, OR (B) OTHERWISE TO ASSURE OR HOLD HARMLESS SUCH OTHER PERSON AGAINST
LOSS IN RESPECT OF ITS OBLIGATIONS.
1.1.38
"INSOLVENT" SHALL HAVE THE MEANING SET FORTH IN SECTION 3.20 HEREOF.
1.1.39
"INTEREST PERIOD" MEANS: (I) WITH RESPECT TO EACH LIBOR ADVANTAGE
LOAN, MEANS, THE PERIOD COMMENCING ON (AND INCLUDING) THE DATE HEREOF (THE
"START DATE") AND ENDING ON (BUT EXCLUDING) THE DATE WHICH NUMERICALLY
CORRESPONDS TO SUCH DATE ONE, THREE OR SIX MONTH(S) (AS SELECTED BY THE
BORROWERS) LATER, AND THEREAFTER, EACH ONE, THREE, OR SIX MONTH PERIOD (MUST
MATCH BORROWERS' INITIAL SELECTION) ENDING ON THE DAY OF SUCH MONTH THAT
NUMERICALLY CORRESPONDS TO THE START DATE.
IF AN INTEREST PERIOD WITH RESPECT
TO AN LIBOR ADVANTAGE LOAN IS TO END IN A MONTH FOR WHICH THERE IS NO DAY WHICH
NUMERICALLY CORRESPONDS TO THE START DATE, THE INTEREST PERIOD WITH RESPECT TO
SUCH LIBOR ADVANTAGE LOAN WILL END ON THE LAST DAY OF SUCH MONTH.