【文章內(nèi)容簡(jiǎn)介】
lity or standards of conduct concerning protection of human health or the environment, as now or may at anytime hereafter be in effect.“ERISA”:the Employee Retirement Ine Security Act,as amended from time to time. “Eurocurrency Reserve Requirements”:for any day as applied to a Eurodollar Loan,the aggregate(without duplication)of the rates(expressed as a decimal fraction)of reserve requirements in effect on such day (including,without limitation,basic,supplemental,marginal and emergency reserves under any regulations of the Board of Govemors of the Federal Reserve System or other Govemmental Authority having jurisdiction with respect thereto) dealing with reserve requirements prescribed for eurocurrency funding (currently referred to as “Eurocurrency Liabilities” in Regulation D of such Board) maintained by a member bank of such System. “Eurodollar Base Rate”:with respect to each day during each Interest Period pertaining to a Eurodollar Loan.the rate per annum equal to the rate at which Bank A is offered Dollar deposits ator about 10:00 A.M., time, two Business Days prior to the beginning of such Interest Period in the interbank eurodollar market where the eurodollar and foreign currency and exchange operations in respect of its Eurodollar Loans are then being conducted for delivery on the first day of such Interest Period for the number of days prised therein and in an amount parable to the amount of its Eurodollar Loan to be outstanding during such Interest Period. “Eurodollar Loans”:Revolving Credit Loans the rate of interest applicable to which is based upon the Eurodollar Rate. “Eurodollar Rate”:with respect to each day during each Interest Period pertaining to a Eurodollar Loan,a rate per annum determined for such day in accordance with the following formula(rounded upward to the nearest 1/100th of 1%): Eurodollar Base Rate 1.00Eurocurrency Reserve Requirements “Eurodollar Tranche”:with reference to Eurodollar Loans,the then current Interest Periods with respect to all of which begin on the same date and end on the same later date (whether or not such Loans shall originally have been made on the same day). “Event of Default”:any of the events specified in Section 7;provided that any requirement for the giving of notice,the lapse of time,or both,or any other condition,has been satisfied. “Existing Agreement”:the Credit Agreement,dated as of , ,as amended,supplemented or otherwise modified through the Effective Date,among the Borrower,the several banks and financial institutions parties thereto and The Bank A Bank A,as Agent. “Fee Letter”:the fee 1etter,dated April 10,1998,between Bank A,Bank A Securities Inc.a(chǎn)nd the Borrower. “Financing Lease”:any lease of property,real or personal,the obligations of the lessee in respect of which are required in accordance with GAAP to be capitalized on a balance sheet of the lessee. “GAAP”:generally accepted accounting principles in the United States of America in effect from time to time. “Governmental Authority”:any nation or government,any state or other political subdivision thereof and any entity exercising executive,legislative,judicial,regulatory or administrative functions of or pertaining to government.“Guarantee Obligation”:as to any Person(the “guaranteeing person”),any obligation of (a)the guaranteeing person or (b) another Person (including,without limitation,any bank under any letter of credit) to induce the creation of which the guaranteeing person has issued a reimbursement,counter indemnity or similar obligation,in either case guaranteeing or in effect guaranteeing any Indebtedness,leases,dividends or other obligations (the “primary obligations”) of any other third Person (the “primary obtigor”) in any manner,whether directly or indirectly,including,without limitation,any obligation of the guaranteeing person,whether or not contingent,(i) to purchase any such primary obligation or any property constituting direct or indirect security therefor,(ii) to advance or supply funds (1) for the purchase or payment of any such primary obligation or (2) to maintain working capital or equity capital of the primary obligor or otherwise to maintain the net worth or solvency of the primary obligor,(iii) to purchase property,securities or services primarily for the purpose of assuring the owner of any such primary obligation of the ability of the primary obligor to make payment of such primary obligation or(iv)otherwise to assure or hold harmless the owner of any such primary obligation against loss in respect thereof;provided,however,that the term Guarantee Obligation shall not include indorsements of instruments for deposit or collection in the ordinary course of business.The amount of any Guarantee Obligation of any guaranteeing person shall be deemed to be the lower of (a) an amount equal to the stated or determinable amount of the primary obligation in respect of which such Guarantee Obligation is made and (b) the maximum amount for which such guaranteeing person may be liable pursuant to the terms of the instrument embodying such Guarantee Obligation,unless such primary obligation and the maximum amount for which such guaranteeing person may be liable are not stated or determinable,in which case the amount of such Guarantee Obligation shall be such guaranteeing person39。s maximum reasonably anticipated liability in respect thereof as determined by the Borrower in good faith. “Indebtedness”:of any Person at any date,(a)all indebtedness of such Person for borrowed money or for the deferred purchase price of property or services (other than current trade liabilities incurred in the ordinary course of business and payable in accordance with customary practices),(b) any other indebtedness of such Person which is evidenced by a note,bond,debenture or similar instrument,(c) all obligations of such Person under