Additional Elections. (a) The Termination Currency shall be U.S. dollars. (b) For purposes of Section 6(e) of the Agreement, Second Method and Loss shall apply. (c) The "Cross-Default" provisions of Section 5(a)(vi) of the Agreement shall apply to Counterparty and CSNY. "Specified Entity" for purposes of Section 5(a)(vi) of the Agreement shall mean any entity that is a "significant subsidiary" (as defined in Rule 1-02(w) of Regulation S-X) of CSNY or Counterparty, as applicable. The "Threshold Amount" shall be shall be $100,000,000 for CSNY and $100,000,000 for Counterparty. Instead of the definition in Section 14 of the Agreement, "Specified Indebtedness" shall mean any obligation (whether present or future, contingent or otherwise, as principal or surety or otherwise) (a) in respect of borrowed money, and/or (b) in respect of any Specified Transaction (except that, for this purpose only, the words "and any other entity" shall be substituted for the words "and the other party to this Agreement (or any Credit Support Provider of such other party or any applicable Specified Entity of such other party)" where they appear in the definition of Specified Transaction).
Appears in 1 contract
Sources: Variable Term Accelerated Share Repurchase Transaction (Federated Department Stores Inc /De/)
Additional Elections. (a) The Termination Currency shall be U.S. dollars.
(b) For purposes of Section 6(e) of the Agreement, Second Method and Loss shall apply.
(c) The "Cross-Default" provisions of Section 5(a)(vi) of the Agreement shall apply to Counterparty CSNY and CSNYCounterparty. "Specified Entity" for purposes of Section 5(a)(vi) of the Agreement shall mean any entity that is a "significant subsidiary" (as defined in Rule 1-02(w) of Regulation S-X) of CSNY or Counterparty, as applicable. The "Threshold Amount" shall be shall be $100,000,000 for with respect to CSNY and shall be $100,000,000 for with respect to Counterparty. Instead of the definition in Section 14 of the Agreement, "Specified Indebtedness" shall mean any obligation (whether present or future, contingent or otherwise, as principal or surety or otherwise) (a) in respect of borrowed money, and/or (b) in respect of any Specified Transaction (except that, for this purpose only, the words "and any other entity" shall be substituted for the words "and the other party to this Agreement (or any Credit Support Provider of such other party or any applicable Specified Entity of such other party)" where they appear in the definition of Specified Transaction).
Appears in 1 contract
Sources: Accelerated Share Repurchase Transaction (Federated Department Stores Inc /De/)