Collateral pursuant to the terms of this Agreement. The
parties hereto acknowledge that the Revolving Credit Secured Parties are the
Senior Secured Parties with respect to the ABL Collateral and the Senior Notes
Secured Parties are the Senior Secured Parties with respect to the Non-ABL
Collateral, and that, accordingly, any reference herein to the "Senior Secured
Parties" shall be construed as a reference to the Revolving Credit Secured
Parties insofar as the ABL Collateral is concerned and to the Senior Notes
Secured Parties insofar as the Non-ABL Collateral is concerned.
"subsidiary" means, with respect to any Person (the "parent") at any date, any
other Person the accounts of which would be consolidated with those of the
parent in the parent's consolidated financial statements if such financial
statements were prepared in accordance with GAAP as of such date, as well as any
other Person (a) of which Equity Interests representing more than 50% of the
equity or more than 50% of the ordinary voting power or, in the case of a
partnership, more than 50% of the general partnership interests are, as of such
date, owned, controlled or held, or (b) that is, as of such date, otherwise
Controlled, by the parent or one or more subsidiaries of the parent or by the
parent and one or more subsidiaries of the parent.
"Subsidiary" means any subsidiary of Symmetry.
"Symmetry" has the meaning assigned to such term in the preamble to this
Agreement.
10
"UCC" means the Uniform Commercial Code (or any similar or equivalent
legislation) as in effect in any applicable jurisdiction.
"US Borrower" has the meaning assigned to such term in the preamble to this
Agreement.
11
SECTION 1.03. TERMS GENERALLY. THE DEFINITIONS OF TERMS SET FORTH HEREIN SHALL
APPLY EQUALLY TO THE SINGULAR AND PLURAL FORMS OF THE TERMS DEFINED. WHENEVER
THE CONTEXT MAY REQUIRE, ANY PRONOUN SHALL INCLUDE THE CORRESPONDING MASCULINE,
FEMININE AND NEUTER FORMS. THE WORDS "INCLUDE", "INCLUDES" AND "INCLUDING" SHALL
BE DEEMED TO BE FOLLOWED BY THE PHRASE "WITHOUT LIMITATION". THE WORD "WILL"
SHALL BE CONSTRUED TO HAVE THE SAME MEANING AND EFFECT AS THE WORD "SHALL".
UNLESS THE CONTEXT REQUIRES OTHERWISE (A) ANY DEFINITION OF OR REFERENCE TO ANY
AGREEMENT, INSTRUMENT OR OTHER DOCUMENT HEREIN SHALL BE CONSTRUED AS REFERRING
TO SUCH AGREEMENT, INSTRUMENT OR OTHER DOCUMENT AS FROM TIME TO TIME AMENDED
(SUBJECT TO ANY RESTRICTIONS ON SUCH AMENDMENTS SET FORTH HEREIN), (B) ANY
DEFINITION OF OR REFERENCE TO ANY STATUTE, REGULATION OR OTHER LAW HEREIN SHALL
BE CONSTRUED (I) AS REFERRING TO SUCH STATUTE, REGULATION OR OTHER LAW AS FROM
TIME TO TIME AMENDED (INCLUDING BY SUCCESSION OF COMPARABLE SUCCESSOR STATUTES,
REGULATIONS OR OTHER LAWS) AND (II) TO INCLUDE ALL OFFICIAL RULINGS AND
INTERPRETATIONS THEREUNDER HAVING THE FORCE OF LAW OR WITH WHICH AFFECTED
PERSONS CUSTOMARILY COMPLY, (C) ANY REFERENCE HEREIN TO ANY PERSON SHALL BE
CONSTRUED TO INCLUDE SUCH PERSON'S SUCCESSORS AND ASSIGNS, (D) THE WORDS
"HEREIN", "HEREOF" AND "HEREUNDER", AND WORDS OF SIMILAR IMPORT, SHALL BE
CONSTRUED TO REFER