Securities and Exchange Commission, which are applicable to the circumstances as of the date of determination.
“General Intangibles” is defined in the Guaranty and Collateral Agreement.
“Governmental Authority” means the government of the United States of America or any other nation, or of any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government (including any supra-national bodies such as the European Union or the European Central Bank).
“Group” is defined in Section 2.2(a).
“Guarantor” means each Subsidiary which is a party to the Guaranty and Collateral Agreement (which for the avoidance of doubt, excludes any Receivables Subsidiary).
“Guaranty and Collateral Agreement” means the Third Amended and Restated Guaranty and Collateral Agreement dated as of the date hereof executed and delivered by the Loan Parties, together with any joinders thereto and any other guaranty and collateral agreement executed by a Loan Party, in each case in form and substance satisfactory to Agent.
“Hazardous Substances” means hazardous waste, hazardous substance, pollutant, contaminant, toxic substance, oil, hazardous material, chemical or other substance regulated by or with respect to which liability or standards of conduct are imposed pursuant to any Environmental Law.
“Hedging Agreement” means any bank underwritten cash and/or derivative financial instrument including, but not limited to, any interest rate, currency or commodity swap agreement, cap agreement, collar agreement, spot foreign exchange, forward foreign exchange, foreign exchange option (or series of options) and any other agreement or arrangement designed to protect a Person against fluctuations in interest rates, currency exchange rates or commodity prices.
“Hedging Obligation” means, with respect to any Person, any liability of such Person under any Hedging Agreement.
“Immaterial Subsidiary” means any Subsidiary designated as such by the Borrower; provided, that (i) the Operating Income of any Immaterial Subsidiary for any Computation Period shall not exceed $4,000,000, and (ii) the Operating Income of all Immaterial Subsidiaries collectively (after intercompany eliminations) for any Computation Period shall not exceed ten percent (10%) of the Operating Income of the Borrower and the Subsidiaries. At any time, Borrower may designate an Immaterial Subsidiary as a Material Subsidiary and, upon such designation, such Subsidiary shall no longer be an Immaterial Subsidiary.
“Incremental Increase Amount” is defined in Section 2.2(e)(i)
“Indemnified Taxes” means (a) Taxes, other than Excluded Taxes, imposed on or with respect to any payment made by, or on account of any obligation of, any Loan Party under any Loan Document and (b) to the extent not otherwise described in (a), Other Taxes.
“Intangible Assets” means General Intangibles.
“Inventory” is defined in the Guaranty and Collateral Agreement.