Initial Tranche 5 Facility Charge definition
Initial Tranche 5 Facility Charge means a fee in an amount equal to one half of one percent (0.50%) of the Tranche 5 Commitment, which is payable to Lenders in accordance with Section 4.2(g). “Insolvency Proceeding” means any proceeding by or against any Person under the United States Bankruptcy Code, or any other bankruptcy, liquidation, moratorium, receivership, or insolvency law, including assignments for the benefit of creditors, compositions, extensions generally with its creditors, or proceedings seeking reorganization, administration, arrangement, receivership or other similar relief proceedings in the applicable jurisdiction from time to time in effect and affecting the rights of creditors generally, and any reference in this Agreement or any other Loan Documents, where it relates to a Swiss Loan Party to (a) winding up, administration, reorganisation or dissolution includes the filing for the declaration of bankruptcy (Stellen eines Konkursbegehrens) or a formal declaration of bankruptcy (Konkurseröffnung) within the meaning of the DEBA, its dissolution or liquidation, (ii) composition or moratorium includes (b) the filing for a request for a moratorium (Gesuch um Nachlassstundung), a grant of a moratorium (Nachlassstundung) within the meaning of the DEBA and a moratorium on any of its indebtedness, (c) a receiver, liquidator, administrator or administrative receiver includes any bankruptcy office (Konkursamt), special bankruptcy administration (ausseramtliche Konkursverwaltung), administrator (Sachwalter) or liquidator (Liquidator). “Intellectual Property” means all of Borrower’s owned Copyrights, Trademarks, Patents, Licenses, trade secrets and inventions, and mask works, Borrower’s applications therefor and reissues, extensions, or renewals thereof; and Borrower’s goodwill associated with any of the foregoing, together with ▇▇▇▇▇▇▇▇’s rights to sue for past, present and future infringement of Intellectual Property and the goodwill associated therewith.