DEFINITIONS Section 101 Defined Terms. Except as otherwise provided herein, all references to any agreement defined in this Section 1.01 shall be deemed to include such agreement as the same may from time to time be amended, supplemented or otherwise modified in accordance with its terms and, where applicable, the terms of the other Transaction Documents. In the event of a conflict between this Section 1.01 and the terms set forth in another Transaction Document, the terms set forth in the other Transaction Documents shall supersede and govern with respect to such Transaction Document. All references to statutes (including the UCC), rules and regulations shall be deemed to include such statutes, rules and regulations as the same may be from time to time amended, supplemented or otherwise modified, in each case unless otherwise specified herein. All definitions contained or referred to herein shall be equally applicable to both the singular and plural forms of the terms defined. All references to any Person shall include its successors and permitted assigns. All references to “including” are not intended to limit the generality of any description preceding such term and for purposes hereof and of each Transaction Document the rule of ejusdem generis shall not be applicable to limit a general statement following or referable to an enumeration of specific matters to matters similar to those specifically mentioned. “Account Debtor”: Any “account debtor”, as such term is defined in the UCC. “Accounts”: Any “account,” as such term is defined in the UCC.
DEFINITIONS Section 101 Defined Terms. As used in this Agreement, the following terms have the meanings specified below:
DEFINITIONS Section 101 Defined Terms. Capitalized terms used in this Indenture shall have the meanings set forth in Appendix A hereto and the definitions of such terms shall be equally applicable to both the singular and plural forms of such terms.
DEFINITIONS Section 101 Defined Terms. Except as otherwise specified or as the context may otherwise require, the following terms have the respective meanings set forth below for all purposes of this Agreement, and the definitions of such terms are equally applicable both to the singular and plural forms of such terms and to the masculine, feminine and neuter genders of such terms. Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned to such terms in the Trust and Security Agreement or, if not defined therein, in the Lease Acquisition Agreement. "Agreement": This Servicing Agreement, dated as of March 1, 1997, by and among the Servicer, the Transferor, the Back-up Servicer and the Trustee, as amended from time to time in accordance with the terms hereof. "Back-up Servicer": Initially, Norwest Bank Minnesota, National Association, until a successor Person shall have become the Back-up Servicer pursuant to the applicable provisions of this Agreement, and thereafter "Back-up Servicer" shall mean such successor Person. "Company": Granite Financial, Inc. and all successors thereto in accordance with the Lease Acquisition Agreement. "Computer Tape": Any computer tape or disk prepared by the Servicer and distributed to various parties as required herein. "Lease Acquisition Agreement": The Lease Acquisition Agreement, dated as of March 1, 1997 between the Transferor and the Company, as amended from time to time in accordance with the terms thereof. "Lockbox": The meaning given in the Lockbox Agreement. "Lockbox Account": The account established at the Lockbox Bank by the Trustee pursuant to the Lockbox Agreement, which account is maintained in the name of, and at the sole control of, the Trustee and any Permitted Parties for and on behalf of the Trustee, MBIA, the Certificateholders, the Transferor and any Permitted Parties into which account shall be deposited payments related to the Lease Receivables and as to which solely the Trustee and any Permitted Parties shall have the ability to withdraw funds. "Lockbox Agreement": An agreement among the Trustee, the Transferor, any Permitted Parties and the Lockbox Bank, substantially in the form attached hereto as Exhibit B or such other form as approved by MBIA together with all amendments and supplements thereto and all subsequent agreements of a similar nature between the Transferor, the Trustee, any Permitted Parties and any successor Lockbox Bank. "Lockbox Bank": Any bank approved by MBIA, and any successor...
DEFINITIONS Section 101 Defined Terms. As used in this Agreement, the following terms have the meanings specified below: “2015 Senior Notes” means the 5.75% Senior Notes due 2025 issued by the Company on March 11, 2015 in an original principal amount of $500,000,000 and all agreements and instruments evidencing or governing the obligations under such senior unsecured notes entered into in connection therewith. “2017 Senior Notes” means the 5.875% Senior Notes due 2027 issued by the Company on September 29, 2017 in an original principal amount of $600,000,000 and all agreements and instruments evidencing or governing the obligations under such senior unsecured notes entered into in connection therewith. “Account” has the meaning assigned to such term in the U.S. Security Agreement. “Account Debtor” means any Person obligated on an Account. “Additional Equity Interest Basket” means, as of any date, the difference of: (a) the aggregate Net Proceeds of issuances of Equity Interests of, or contributions to, the Company, for the period from February 11, 2015 until such date; minus (b) any amounts set forth in paragraph (a) above actually utilized on or prior to such date for (i) Permitted Acquisitions, (ii) Investments pursuant to Section 6.04(t), (iii) Restricted Payments utilizing amounts available pursuant to the Additional Equity Interest Basket pursuant to Section 6.08(a)(viii), and (iv) payments or other distributions utilizing amounts available pursuant to the Additional Equity Interest Basket pursuant to Section 6.08(b)(iii). “Adjusted LIBO Rate” means, with respect to any Eurodollar Borrowing for any Interest Period, an interest rate per annum equal to (a) the LIBO Rate for such Interest Period multiplied by (b) the Statutory Reserve Rate. “Administrative Agent” means CoBank, in its capacity as administrative agent for the Lenders hereunder, and its successors and assigns in such capacity. 2
DEFINITIONS Section 101 Defined Terms. As used in this Agreement, the following terms have the meanings specified below: “ABR”, when used in reference to any Loan or Borrowing, refers to whether such Loan, or the Loans comprising such Borrowing, is bearing interest at a rate determined by reference to the Alternate Base Rate. 1
DEFINITIONS Section 101 Defined Terms. As used in the Agreement, the following terms shall have the meanings specified below: “Acquiror” shall mean, with respect any of the Products, any Person (other than any Affiliate of the Company) who acquires control of the commercialization of any such Product as a result of any Product Change of Control. “Affiliate” shall mean any Person that controls, is controlled by, or is under common control with another Person. For purposes of this definition, “control” shall mean
DEFINITIONS Section 101 Defined Terms. As used in this Agreement, the following terms shall have the meanings specified below: “2018 Incremental Term Lender” shall mean any Lender having a 2018 Incremental Term Loan Commitment and/or a 2018 Incremental Term Loan outstanding hereunder. “2018 Incremental Term Loan Commitment” shall mean, with respect to each Lender, the commitment, if any, of such Lender to make a 2018 Incremental Term Loan hereunder, expressed as an amount representing the maximum principal amount of the 2018 Incremental Term Loan to be made by such Lender hereunder, as such commitment may be (a) reduced from time to time pursuant to Section 2.09 and (b) reduced or increased from time to time pursuant to (i) assignments by or to such Lender pursuant to an Assignment and Acceptance, (ii) an Incremental Amendment, (iii) a Refinancing Amendment or (iv) an Extension Amendment. The initial amount of each Lender’s 2018 Incremental Term Loan Commitment is set forth on Schedule 2.01(A) to the First Incremental Amendment under the caption “2018 Incremental Term Loan Commitment” or, otherwise, in the Assignment and Acceptance, Incremental Amendment or Refinancing Amendment pursuant to which such Lender shall have assumed its 2018 Incremental Term Loan Commitment, as the case may be. The initial aggregate amount of the 2018 Incremental Term Loan Commitments as of the First Incremental Amendment Date is $180,000,000. “2018 Incremental Term Loans” shall mean the Incremental Term Loans made by the 2018 Incremental Term Lenders on the First Incremental Amendment Date to the Borrower pursuant to the First Incremental Amendment and Section 2.01(a)(ii). For the avoidance of doubt, as set forth in the First Incremental Amendment, the 2018 Incremental Term Loans shall constitute “Loans”, “Incremental Term Loans”, “Initial Term Loans” and “Term Loans” for all purposes of the Loan Documents. “2019 Incremental Revolving Commitments” shall have the meaning set forth in the Second Incremental Amendment. “2020 Incremental Term Lender” shall mean any Lender having a 2020 Incremental Term Loan Commitment and/or a 2020 Incremental Term Loan outstanding hereunder. “2020 Incremental Term Loan Commitment” shall mean, with respect to each 2020 Incremental Term Lender, the commitment of such Lender to make a 2020 Incremental Term Loan hereunder, expressed as an amount representing the maximum principal amount of the 2020 Incremental Term Loan to be made by such Lender hereunder, as such commitment may be (a) red...
DEFINITIONS Section 101 Defined Terms. As used in this Agreement, the following terms have the meanings specified below: “2027 Senior Notes” means the 5.875% Senior Notes due 2027 issued by the Company on September 29, 2017 in an original principal amount of $600,000,000 and all agreements and instruments evidencing or governing the obligations under such senior unsecured notes entered into in connection therewith. “2031 Sustainability-Linked Senior Notes” means the 4.250% Sustainability-Linked Senior Notes issued by the Company on April 8, 2021 in an original principal amount of $1,000,000,000 and all agreements and instruments evidencing or governing the obligations under such sustainability-linked senior unsecured notes entered into in connection therewith. “Account” has the meaning assigned to such term in the U.S. Security Agreement. “Account Debtor” means any Person obligated on an Account. “Additional Equity Interest Basket” means, as of any date, the difference of: (a) the aggregate Net Proceeds of issuances of Equity Interests of, or contributions to, the Company, for the period from February 11, 2015 until such date; minus (b) any amounts set forth in paragraph (a) above actually utilized on or prior to such date for (i) Permitted Acquisitions, (ii) Investments pursuant to Section 6.04(t), (iii) Restricted Payments utilizing amounts available pursuant to the Additional Equity Interest Basket pursuant to Section 6.08(a)(viii), and (iv) payments or other distributions utilizing amounts available pursuant to the Additional Equity Interest Basket pursuant to Section 6.08(b)(iii).
DEFINITIONS Section 101 Defined Terms. Except as otherwise specified or as the context may otherwise require, the following terms have the respective meanings set forth below for all purposes of this Agreement, and the definitions of such terms are equally applicable both to the singular and plural forms of such terms and to the masculine, feminine and neuter genders of such terms. Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned to such terms in the Trust and Security Agreement or, if not defined therein, in the Lease Acquisition Agreement.
