1916 Uses in Definitions Clause

Definitions from Purchase Agreement

PURCHASE AGREEMENT, dated as of January 28, 2005 (this Agreement), by and between H-Lines Holding Corp., a Delaware corporation (the Company), and James G. Cameron (the Purchaser).

Definitions. As used in this Purchase Agreement, the following terms shall have the meanings ascribed to them below: Agreement shall have the meaning ascribed to such term in the caption to this Purchase Agreement. Applicable Law shall mean, with respect to any Person, all provisions of laws, statutes, ordinances, rules, regulations, permits, certificates or orders of any Governmental Authority applicable to such Person or any of its assets or property or to which such Person or any of its assets or property is subject, and all judgments, injunctions, orders and decrees of all courts and arbitrators in proceedings or actions in which such Person is a party or by which it or any of its assets or properties is or may be bound or subject. business day shall mean any day other than a Saturday, Sunday or any other day on which commercial banks are required or authorized by law or regulation to be closed in New York, New York, or Charlotte, North Carolina. Bylaws shall mean the Bylaws of the Company, together with all amendments and any other modifications thereto, as in effect from time to time. Castle Harlan shall mean Castle Harlan, Inc., a Delaware corporation. Certificate of Incorporation shall mean the Certificate of Incorporation of the Company, together with all amendments and any other modifications thereto, as in effect from time to time. Citizen of the United States shall mean a Citizen of the United States within the meaning of Section 2 of the Shipping Act of 1916, as amended, 46 U.S.C. App. SS 802, specifically including subsection (c) of such section, qualified to own and operate vessels in the coastwise trade of the United States so long as such law, or any other law, rule or regulation to the same substantial effect, remains in effect. Closing shall have the meaning set forth in Section 2(b)(i). Closing Date shall have the meaning set forth in Section 2(b)(i). Common Shares shall have the meaning set forth in the recitals hereto. Company shall have the meaning set forth in the caption to this Purchase Agreement. Company Securities shall have the meaning set forth in the recitals hereto. Fundamental Documents shall mean the documents by which any Person (other than an individual) establishes its legal existence or which govern its internal affairs. For example, the Fundamental Documents of a corporation would be its certificate of incorporation and bylaws. Governmental Authority means any Federal, state, municipal, local or foreign government, governmental authority, regulatory or administrative agency, governmental commission, department, board, bureau, agency or instrumentality, court, tribunal, arbitrator or arbitral body. H-Lines Voting Trust Agreement shall have the meaning set forth in the recitals hereto. HLHC shall mean Horizon Lines Holding Corp., a Delaware corporation. HLHC/Horizon Notes shall mean the $250 million original principal amount of 9.0% Senior Notes due 2012 issued by HLHC and Horizon. HLHC Voting Trust Agreement shall mean that certain Amended and Restated Voting Trust Agreement dated as of July 7, 2004, among HLHC, John K. Castle and such other parties whose names appear on the signature pages thereto, as amended, amended and restated, supplemented or otherwise modified from time to time. H-Lines Finance Notes shall mean the $160 million principal amount at maturity of 11.0% Senior Discount Notes due 2013 issued by H-Lines Finance Holding Corp. H-Lines Voting Trust Agreement shall have the meaning set forth in the recitals hereto. H-Lines Voting Trust Agreement Instrument shall mean an Instrument of Accession, in substantially the same form as annexed hereto as Annex II, executed by the Purchaser and the Voting Trustee, pursuant to which the Purchaser shall become a party to the H-Lines Voting Trust Agreement. H-Lines Voting Trustee shall have the meaning ascribed to such term in the H-Lines Voting Trust Agreement. Horizon shall mean Horizon Lines, LLC, a Delaware limited liability company. Marad shall mean the Maritime Administration, United States Department of Transportation. Note Offering Circulars shall mean (i) the offering circular of HLHC and Horizon, dated June 30, 2004, with respect to the offering of the HLHC/Horizon Notes and (ii) the offering circular of H-Lines Finance Holding Corp., dated December 7, 2004, with respect to the offering of the H-Lines Finance Notes. Person shall mean any individual, firm, partnership, corporation, trust, joint venture, limited liability company, association, joint stock company, unincorporated organization or any other entity or organization, including a governmental entity or any department, agency or political subdivision thereof. Preferred Shares shall have the meaning set forth in the recitals hereto. Purchase Price shall have the meaning set forth in Section 2(a). Purchaser shall have the meaning set forth in the caption to this Purchase Agreement. Put/Call Agreement shall mean that certain Put/Call Agreement dated as of July 7, 2004,

Definitions from Purchase Agreement

PURCHASE AGREEMENT, dated as of January 28, 2005 (this Agreement), by and between H-Lines Holding Corp., a Delaware corporation (the Company), and Admiral James L. Holloway, III U.S.N. (Ret.) (the Purchaser).

Definitions. As used in this Purchase Agreement, the following terms shall have the meanings ascribed to them below: Agreement shall have the meaning ascribed to such term in the caption to this Purchase Agreement. Applicable Law shall mean, with respect to any Person, all provisions of laws, statutes, ordinances, rules, regulations, permits, certificates or orders of any Governmental Authority applicable to such Person or any of its assets or property or to which such Person or any of its assets or property is subject, and all judgments, injunctions, orders and decrees of all courts and arbitrators in proceedings or actions in which such Person is a party or by which it or any of its assets or properties is or may be bound or subject. business day shall mean any day other than a Saturday, Sunday or any other day on which commercial banks are required or authorized by law or regulation to be closed in New York, New York, or Charlotte, North Carolina. Bylaws shall mean the Bylaws of the Company, together with all amendments and any other modifications thereto, as in effect from time to time. Castle Harlan shall mean Castle Harlan, Inc., a Delaware corporation. Certificate of Incorporation shall mean the Certificate of Incorporation of the Company, together with all amendments and any other modifications thereto, as in effect from time to time. Citizen of the United States shall mean a Citizen of the United States within the meaning of Section 2 of the Shipping Act of 1916, as amended, 46 U.S.C. App. SS 802, specifically including subsection (c) of such section, qualified to own and operate vessels in the coastwise trade of the United States so long as such law, or any other law, rule or regulation to the same substantial effect, remains in effect. Closing shall have the meaning set forth in Section 2(b)(i). Closing Date shall have the meaning set forth in Section 2(b)(i). Common Shares shall have the meaning set forth in the recitals hereto. Company shall have the meaning set forth in the caption to this Purchase Agreement. Company Securities shall have the meaning set forth in the recitals hereto. Fundamental Documents shall mean the documents by which any Person (other than an individual) establishes its legal existence or which govern its internal affairs. For example, the Fundamental Documents of a corporation would be its certificate of incorporation and bylaws. Governmental Authority means any Federal, state, municipal, local or foreign government, governmental authority, regulatory or administrative agency, governmental commission, department, board, bureau, agency or instrumentality, court, tribunal, arbitrator or arbitral body. H-Lines Voting Trust Agreement shall have the meaning set forth in the recitals hereto. HLHC shall mean Horizon Lines Holding Corp., a Delaware corporation. HLHC/Horizon Notes shall mean the $250 million original principal amount of 9.0% Senior Notes due 2012 issued by HLHC and Horizon. HLHC Voting Trust Agreement shall mean that certain Amended and Restated Voting Trust Agreement dated as of July 7, 2004, among HLHC, John K. Castle and such other parties whose names appear on the signature pages thereto, as amended, amended and restated, supplemented or otherwise modified from time to time. H-Lines Finance Notes shall mean the $160 million principal amount at maturity of 11.0% Senior Discount Notes due 2013 issued by H-Lines Finance Holding Corp. H-Lines Voting Trust Agreement shall have the meaning set forth in the recitals hereto. H-Lines Voting Trust Agreement Instrument shall mean an Instrument of Accession, in substantially the same form as annexed hereto as Annex II, executed by the Purchaser and the Voting Trustee, pursuant to which the Purchaser shall become a party to the H-Lines Voting Trust Agreement. H-Lines Voting Trustee shall have the meaning ascribed to such term in the H-Lines Voting Trust Agreement. Horizon shall mean Horizon Lines, LLC, a Delaware limited liability company. Marad shall mean the Maritime Administration, United States Department of Transportation. Note Offering Circulars shall mean (i) the offering circular of HLHC and Horizon , dated June 30, 2004, with respect to the offering of the HLHC/Horizon Notes and (ii) the offering circular of H-Lines Finance Holding Corp., dated December 7, 2004, with respect to the offering of the H-Lines Finance Notes. Person shall mean any individual, firm, partnership, corporation, trust, joint venture, limited liability company, association, joint stock company, unincorporated organization or any other entity or organization, including a governmental entity or any department, agency or political subdivision thereof. Preferred Shares shall have the meaning set forth in the recitals hereto. Purchase Price shall have the meaning set forth in Section 2(a). Purchaser shall have the meaning set forth in the caption to this Purchase Agreement. Put/Call Agreement shall mean that certain Put/Call Agreement dated as of July 7, 2004

Definitions from Purchase Agreement

PURCHASE AGREEMENT, dated as of January 28, 2005 (this Agreement), by and between H-Lines Holding Corp., a Delaware corporation (the Company), and Ernie L. Danner (the Purchaser).

Definitions. As used in this Purchase Agreement, the following terms shall have the meanings ascribed to them below: Agreement shall have the meaning ascribed to such term in the caption to this Purchase Agreement. Applicable Law shall mean, with respect to any Person, all provisions of laws, statutes, ordinances, rules, regulations, permits, certificates or orders of any Governmental Authority applicable to such Person or any of its assets or property or to which such Person or any of its assets or property is subject, and all judgments, injunctions, orders and decrees of all courts and arbitrators in proceedings or actions in which such Person is a party or by which it or any of its assets or properties is or may be bound or subject. business day shall mean any day other than a Saturday, Sunday or any other day on which commercial banks are required or authorized by law or regulation to be closed in New York, New York, or Charlotte, North Carolina. Bylaws shall mean the Bylaws of the Company, together with all amendments and any other modifications thereto, as in effect from time to time. Castle Harlan shall mean Castle Harlan, Inc., a Delaware corporation. Certificate of Incorporation shall mean the Certificate of Incorporation of the Company, together with all amendments and any other modifications thereto, as in effect from time to time. Citizen of the United States shall mean a Citizen of the United States within the meaning of Section 2 of the Shipping Act of 1916, as amended, 46 U.S.C. App. SS 802, specifically including subsection (c) of such section, qualified to own and operate vessels in the coastwise trade of the United States so long as such law, or any other law, rule or regulation to the same substantial effect, remains in effect. Closing shall have the meaning set forth in Section 2(b)(i). Closing Date shall have the meaning set forth in Section 2(b)(i). Common Shares shall have the meaning set forth in the recitals hereto. Company shall have the meaning set forth in the caption to this Purchase Agreement. Company Securities shall have the meaning set forth in the recitals hereto. Fundamental Documents shall mean the documents by which any Person (other than an individual) establishes its legal existence or which govern its internal affairs. For example, the Fundamental Documents of a corporation would be its certificate of incorporation and bylaws. Governmental Authority means any Federal, state, municipal, local or foreign government, governmental authority, regulatory or administrative agency, governmental commission, department, board, bureau, agency or instrumentality, court, tribunal, arbitrator or arbitral body. H-Lines Voting Trust Agreement shall have the meaning set forth in the recitals hereto. HLHC shall mean Horizon Lines Holding Corp., a Delaware corporation. HLHC/Horizon Notes shall mean the $250 million original principal amount of 9.0% Senior Notes due 2012 issued by HLHC and Horizon. HLHC Voting Trust Agreement shall mean that certain Amended and Restated Voting Trust Agreement dated as of July 7, 2004, among HLHC, John K. Castle and such other parties whose names appear on the signature pages thereto, as amended, amended and restated, supplemented or otherwise modified from time to time. H-Lines Finance Notes shall mean the $160 million principal amount at maturity of 11.0% Senior Discount Notes due 2013 issued by H-Lines Finance Holding Corp. H-Lines Voting Trust Agreement shall have the meaning set forth in the recitals hereto. H-Lines Voting Trust Agreement Instrument shall mean an Instrument of Accession, in substantially the same form as annexed hereto as Annex II, executed by the Purchaser and the Voting Trustee, pursuant to which the Purchaser shall become a party to the H-Lines Voting Trust Agreement. H-Lines Voting Trustee shall have the meaning ascribed to such term in the H-Lines Voting Trust Agreement. Horizon shall mean Horizon Lines, LLC, a Delaware limited liability company. Marad shall mean the Maritime Administration, United States Department of Transportation. Note Offering Circulars shall mean (i) the offering circular of HLHC and Horizon, dated June 30, 2004, with respect to the offering of the HLHC/Horizon Notes and (ii) the offering circular of H-Lines Finance Holding Corp., dated December 7, 2004, with respect to the offering of the H-Lines Finance Notes. Person shall mean any individual, firm, partnership, corporation, trust, joint venture, limited liability company, association, joint stock company, unincorporated organization or any other entity or organization, including a governmental entity or any department, agency or political subdivision thereof. Preferred Shares shall have the meaning set forth in the recitals hereto. Purchase Price shall have the meaning set forth in Section 2(a). Purchaser shall have the meaning set forth in the caption to this Purchase Agreement. Put/Call Agreement shall mean that certain Put/Call Agreement dated as of July 7, 2004,

Definitions from Purchase Agreement

PURCHASE AGREEMENT, dated as of October 15, 2004 (this Agreement), by and between H-Lines Holding Corp., a Delaware corporation (the Company), and Stockwell Fund L.P., an Illinois limited partnership (the Purchaser).

Definitions. As used in this Purchase Agreement, the following terms shall have the meanings ascribed to them below: Acquisition-Related Documents shall mean this Agreement, the Stockholders Agreement, the Voting Trust Agreement, the Merger Agreement, the Put/Call Agreement, the Debt Documents, the Management Agreement, and the Executive Agreements. Affidavits shall mean, with respect to any Person, an affidavit of such Person, in form and substance reasonably satisfactory to the Company, stating that the affiant thereunder is a Citizen of the United States, and disclosing such additional information (including, but not limited to, ownership and voting percentages, and status as a Citizen of the United States) with respect to all or any of its Related Persons, and such agreements or other documents (including, but not limited to, partnership agreements, limited liability company agreements, certificates of incorporation, bylaws and investment adviser agreements) of the affiant or all or any of its Related Persons, as may be required by the Company in its reasonable discretion. Agreement shall have the meaning ascribed to such term in the caption to this Purchase Agreement. Applicable Law shall mean, with respect to any Person, all provisions of laws, statutes, ordinances, rules, regulations, permits, certificates or orders of any Governmental Authority applicable to such Person or any of its assets or property or to which such Person or any of its assets or property is subject, and all judgments, injunctions, orders and decrees of all courts and arbitrators in proceedings or actions in which such Person is a party or by which it or any of its assets or properties is or may be bound or subject. business day shall mean any day other than a Saturday, Sunday or any other day on which commercial banks are required or authorized by law or regulation to be closed in New York, New York, or Charlotte, North Carolina. Bylaws shall mean the Bylaws of the Company, together with all amendments and any other modifications thereto, as in effect from time to time. Castle Harlan shall mean Castle Harlan, Inc., a Delaware corporation. Certificate of Incorporation shall mean the Certificate of Incorporation of the Company, together with all amendments and any other modifications thereto, as in effect from time to time. Citizen of the United States shall mean a Citizen of the United States within the meaning of Section 2 of the Shipping Act of 1916, as amended, 46 U.S.C. App. SS 802, specifically including subsection (c) of such section, qualified to own and operate vessels in the coastwise trade of the United States so long as such law, or any other law, rule or regulation to the same substantial effect, remains in effect. Closing shall have the meaning set forth in Section 2(b)(i). Closing Date shall have the meaning set forth in Section 2(b)(i). Common Shares shall have the meaning set forth in the recitals hereto. Company shall have the meaning set forth in the caption to this Purchase Agreement. Company Securities shall have the meaning set forth in the recitals hereto. Convertible Notes shall mean the 13.0% Convertible Promissory Notes in the original principal amount of $70,000,000 due July 7, 2005, issued by the Company on July 7, 2004. Credit Agreement shall mean the Credit Agreement dated as of July 7, 2004, among Horizon, HLHC, the parties designated as Guarantors therein, the parties designated as Lenders therein, the parties designated as Issuing Banks therein, and UBS AG, Stamford Branch, as administrative agent and collateral agent for the Lenders and as Mortgage Trustee thereunder, as amended, amended and restated, supplemented or otherwise modified from time to time. Debt Documents shall mean (i) the Credit Agreement, (ii) the Collateral Agreement dated as of July 7, 2004, among Horizon, as co-borrower, the other Grantors identified therein and UBS, AG, Stamford Branch, as collateral agent for the Secured Parties, (iii) the notes (if any) issued by Horizon and HLHC, as co-borrowers, pursuant to Section 2.09(e) of the Credit Agreement, (iv) the Purchase Agreement dated June 30, 2004, among HLHC, Horizon, the Guarantors identified therein, and Goldman, Sachs & Co., UBS Securities LLC, and ABN AMRO Incorporated, (v) the Indenture, (vi) the 9.0% Senior Notes due 2012 dated as of July 7, 2004, co-issued by Horizon and HLHC, referred to in the Indenture as the 144A Global Note, (vii) the 9.0% Senior Notes due 2012 dated as of July 7, 2004, co-issued by Horizon and HLHC, referred to in the Indenture as the Temporary Regulation S Global Note, (viii) the Amended and Restated Guarantee and Indemnity Agreement dated as of February 27, 2003, among HLH, LLC, Horizon, CSX Corporation, CSX Alaska Vessel Company, LLC, and SL Service, Inc., as supplemented by the joinder agreements, dated as of July 7, 2004 of HLHC, Horizon Lines of Puerto Rico, Inc., and the Subsidiaries of Horizon listed on Schedule 4(f) hereto, and (ix) the Master Leas