Euros Uses in DEFINITIONS Clause

DEFINITIONS from Collaboration and License Agreement

This DEVELOPMENT COLLABORATION AND LICENSE AGREEMENT (together with the exhibits hereto, this Agreement) is entered into on this 27th day of May, 2016 (the Effective Date), by and between NESTEC S.A., with a place of business at Avenue Nestle 55, 1800 Vevey, Switzerland (NESTEC) and DBV TECHNOLOGIES, S.A., with a place of business at 177-181 avenue Pierre Brossolette 92120 Montrouge France (DBV). NESTEC and DBV may each be referred to herein individually as a Party and collectively as the Parties.

DEFINITIONS. The following terms as used in this Agreement shall have the meanings set forth in this ARTICLE I: 1.1 Acquirer means, any Third Party (together with its Affiliates but excluding DBV and DBVs Affiliates) that after the Effective Date either (a) acquires the control (within the meaning of article L.233-3 of the French Code de commerce) of DBV, or (b) acquires all or substantially all of DBVs assets or business going concern, in each (a) or (b) cases by any means whatsoever, securities purchase, merger, consolidation, contribution, spin off, sale of assets or business going concern, or transfer to a trust (fiducie). 1.2 Affiliate means, with respect to a particular Person, any other Person that directly or indirectly is controlled by, controls or is under common control with such Person as defined in article L. 233-3 of the French Code de commerce. 1.3 Anti-Bribery Laws means the US Foreign Corrupt Practices Act, as amended (15 U.S.C. SSSS 78dd-1, et. seq.), the United Kingdom Bribery Act 2010 and all other similar laws throughout the Territories for prevention of providing inducements to government officials to obtain or retain business or gain an improper advantage. 1.4 Biosimilar/Generic Product means a diagnostic test for CMPA which (i) is identical or highly similar to the Licensed Product known as a reference product, and has no clinically meaningful differences in terms of safety and effectiveness from the reference product, (ii) is registered and commercialized by a Third Party without any license or right by NESTEC, its Affiliates or Sublicensees, and (iii) is approved for use pursuant to a regulatory approval process governing approval of generic, interchangeable or biosimilar biologics based on the then-current standards for regulatory approval, whether or not such regulatory approval was based upon clinical data generated by the Parties pursuant to this Agreement or was obtained using an abbreviated, expedited or other process. 1.5 Business Day means a day other than Saturday, Sunday or other day on which commercial banks in Paris, France and in Vevey, Switzerland, are generally closed. 1.6 Calendar Quarter means the successive periods of three (3) consecutive calendar months ending on March 31, June 30, September 30 or December 31, for so long as this Agreement is in effect. 1.7 Calendar Year means any year beginning on January 1 and ending on December 31 of such year. 1.8 Clinical Trial means a clinical study conducted on certain numbers of human subjects (depending on the phase of the trial) that is designed to (a) establish that a product for the diagnosis of human diseases and conditions is reasonably safe for continued testing, (b) investigate the safety and efficacy of the product for its intended use, and to define warnings, precautions and adverse reactions that may be associated with the product in the dosage range to be prescribed, and/or (c) support Regulatory Approval of such product or label expansion of such product, in accordance with 21 CFR Part 56, 21 CFR Part 50 and 21 CFR Part 812 and the equivalent requirements of a Regulatory Authority outside of the United States. 1.9 CMC or Chemistry and Manufacturing Control means pharmaceutical development covering all chemistry, manufacturing and controls activities, including manufacturing process scale up (including without limitation, registration batches/process validation, engineering studies qualification and validation, process validation, characterization and stability, scale and technology transfer to contract manufacturing organizations), analytical methods, qualification and validation activities, quality assurance/quality control development. [***] = CONFIDENTIAL TREATMENT REQUESTED 1.10 CMP means the following cows milk proteins: [***]. 1.11 CMPA means cows milk protein allergy. 1.12 Commercialization means all activities related to the commercial exploitation of products for the diagnosis of human diseases and conditions, including importation, exportation, marketing, promotion, distribution, pre-launch, launch, sale, and offering for sale of such products, but excluding Manufacturing and Development activities, as well as any Clinical Trials. When used as a verb, Commercialize or Commercializing means to engage in Commercialization. 1.13 Commercialization Plan has the meaning set forth in Section 6.2.1. 1.14 Commercially Reasonable Efforts means: 1.14.1 with respect to the obligations of a Party under this Agreement relating to Development or Commercialization activities, the level of efforts and expenditure of resources required to carry out such obligation in a sustained manner consistent with the efforts and resources such Party typically devotes to a product of similar market potential, resulting from its own research efforts or development and commercialization collaborations for which it is responsible, at a similar stage in its development or product life, and using commercially reasonable financial resources and ma

Definitions from Credit Agreement

CREDIT AGREEMENT dated as of October 3, 2016 among THE ESTEE LAUDER COMPANIES INC., the ELIGIBLE SUBSIDIARIES referred to herein, the LENDERS listed on the signature pages hereof, JPMORGAN CHASE BANK, N.A., as Administrative Agent, and CITIBANK, N.A., BNP PARIBAS, BANK OF AMERICA, N.A. and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Syndication Agents.

Definitions. The following terms, as used herein, have the following meanings: Absolute Rate Auction means a solicitation of Competitive Bid Quotes setting forth Competitive Bid Absolute Rates pursuant to Section 2.03. Administrative Agent means JPMorgan Chase Bank, N.A. in its capacity as Administrative Agent for the Lenders hereunder, and its successors in such capacity. Administrative Questionnaire means, with respect to each Lender, an administrative questionnaire in the form prepared by the Administrative Agent and submitted to the Administrative Agent (with a copy to the Company) duly completed by such Lender. Affiliate means (i) any Person that directly, or indirectly through one or more intermediaries, controls the Company (a Controlling Person) or (ii) any Person (other than the Company or a Subsidiary) which is controlled by or is under common control with a Controlling Person. As used herein, the term control means possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ownership of voting securities, by contract or otherwise. Affiliate Transaction has the meaning set forth in Section 5.11. Alternative Currencies means Sterling, Euros, Yen and Swiss Francs. Alternative Currency Sublimit means a Dollar Amount equal to $500,000,000. Anti-Corruption Laws means the United States Foreign Corrupt Practices Act of 1977, as amended, and the UK Bribery Act, as amended. Applicable Agent means, (a) with respect to a Loan or Borrowing denominated in Dollars, the Administrative Agent, or (b) with respect to a Loan or Borrowing denominated in Australian Dollars, Canadian Dollars, HK Dollars or any particular Alternative Currency, the Administrative Agent (including its affiliates or branches) or such other Person as may be agreed upon by the Company and the Administrative Agent and designated in a notice delivered to the Lenders. Applicable Lending Office means, with respect to any Lender, (i) in the case of its Base Rate Loans, its Domestic Lending Office, (ii) in the case of its Canadian Prime Rate Loans or CDOR Rate Loans, its Canadian Lending Office, (iii) in the case of its Australian Bill Rate Loans, HIBOR Rate Loans and Euro-Currency Loans, its Euro-Currency Lending Office, (iv) in the case of its Competitive Bid Loans, its Competitive Bid Lending Office or (v) in any case, such other office as a Lender may from time to time notify the Company and the Administrative Agent for Loans of the particular type, which office may include any Affiliate of such Lender or any domestic or foreign branch of such Lender or such Affiliate. Approved Fund means any Fund that is administered or managed by (i) a Lender, (ii) an affiliate of a Lender or (iii) an entity or an affiliate of an entity that administers or manages a Lender. Assignee has the meaning set forth in Section 10.06(c). Australian Bill Rate shall mean, with respect to each Interest Period for an Australian Bill Rate Loan, the rate per annum equal to the average bid rate (the BBR Screen Rate) displayed at or about 10:30 a.m. (Sydney Time) on the first day of such Interest Period on the Reuters screen BBSY page for a term equivalent to such Interest Period (expressed as a percentage yield per annum to maturity being the arithmetic average, rounded up to the nearest four decimal places); or to the extent the BBR Screen Rate is not available at such time for any reason, then the applicable rate will be determined by the Administrative Agent to be the average of the buying rates quoted by three Reference Banks at or about 10:30 a.m. (Sydney Time) on the date of determination for bills of exchange with a tenor approximating the length of such Interest Period; provided that if any of the above rates shall be less than 0%, such rate shall be deemed to be 0% for purposes of this Agreement. Australian Bill Rate Margin has the meaning set forth in the Pricing Schedule. Australian Bill Rate Loan means a Committed Loan which bears interest at the Australian Bill Rate pursuant to the applicable Notice of Committed Borrowing or Notice of Interest Rate Election. Australian Dollars and AUD each means the lawful currency of Australia. Available Commitment means, with respect to any Lender at any time, an amount equal to such Lenders Commitment at such time minus such Lenders Outstanding Committed Amount at such time. Bail-In Action means the exercise of any Write-Down and Conversion Powers by the applicable EEA Resolution Authority in respect of any liability of an EEA Financial Institution. Bail-In Legislation means, with respect to any EEA Member Country implementing Article 55 of Directive 2014/59/EU of the European Parliament and of the Council of the European Union, the implementing law for such EEA Member Country from time to time which is described in the EU Bail-In Legislation Schedule. Bankruptcy Event means, with respect to any Person, such Person becomes the subject of a bankruptcy or

Definitions from Amendment to Credit Agreement

This AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of March 21, 2014, is entered into by and among PVH CORP., a Delaware corporation (the "U.S. Borrower"), PVH B.V. (formerly known as Tommy Hilfiger B.V.), a Dutch private limited liability company with its corporate seat in Amsterdam, The Netherlands (the "European Borrower" and, together with the U.S. Borrower, the "Borrowers"), CERTAIN SUBSIDIARIES OF THE U.S. BORROWER, as Guarantors, the Lenders party hereto from time to time, and BARCLAYS BANK PLC ("Barclays"), as Administrative Agent (together with its permitted successors in such capacity, the "Administrative Agent") and as Collateral Agent (together with its permitted successors in such capacity, the "Collateral Agent"), with MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED ("MLPFS") and CITIGROUP GLOBAL MARKETS INC. ("CGMICITIBANK, N.A.("Citi"), as Co-Syndication Agents (together with their permitted successors in such capacity, the "Co-Syndication Agents"), an

Definitions. The following terms used herein, including in the preamble, recitals, exhibits and schedules hereto, shall have the following meanings:"2020 Notes" means the 7.375% senior unsecured notes due 2020 issued by the U.S. Borrower pursuant to the 2020 Notes Indenture."2020 Notes Documents" means the 2020 Notes, the 2020 Notes Indenture and all other instruments, agreements and other documents evidencing or governing the 2020 Notes or providing for any guarantee or other right in respect thereof."2020 Notes Indenture" means that certain Indenture, dated as of May 6, 2010, between the U.S. Borrower and U.S. Bank National Association, as trustee."2022 Notes" means the 4.500% senior unsecured notes due 2022 issued by the U.S. Borrower pursuant to the 2022 Notes Indenture."2022 Notes Documents" means the 2022 Notes, the 2022 Notes Indenture and all other instruments, agreements and other documents evidencing or governing the 2022 Notes or providing for any guarantee or other right in respect thereof."2022 Notes Indenture" means that certain Indenture, dated as of December 20, 2012, between the U.S. Borrower and U.S. Bank National Association, as trustee."2023 Debentures" means the 7-3/4% debentures due 2023 issued by the U.S. Borrower pursuant to the 2023 Debentures Indenture."2023 Debentures Indenture" means that certain Indenture, dated as of November 1, 1993, between the U.S. Borrower and the 2023 Debentures Trustee."2023 Debentures Intercreditor Agreement" means that certain 2023 Debentures Intercreditor Agreement, dated as of the Closing Date, between the U.S. Borrower, the Collateral Agent and The Bank of New York Mellon, as trustee under the 2023 Debentures Indenture."2023 Debentures Obligations" means all obligations of every nature of any Group Member under or with respect to the 2023 Debentures."2023 Debentures Trustee" means The Bank of New York Mellon, as trustee under the 2023 Debentures Indenture, and its successors in such capacity."Acquired Business" means The Warnaco Group, Inc., a Delaware corporation, which was acquired by the U.S. Borrower pursuant to the Acquisition."Acquisition" means that certain acquisition pursuant to the Acquisition Agreement whereby the Acquired Business was merged with Merger Sub on the Closing Date, with the Acquired Business surviving as a wholly-owned Subsidiary of the U.S. Borrower."Acquisition Agreement" means that certain Agreement and Plan of Merger, dated as of October 29, 2012, by and among the U.S. Borrower, Merger Sub and the Acquired Business."Acquisition Agreement Representations" means the representations and warranties made by or with respect to the Acquired Business in the Acquisition Agreement that are material to the interests of the Lenders (but only to the extent that the U.S. Borrower or its Subsidiaries (other than the Acquired Business and its Subsidiaries) have the right to terminate their respective obligations under the Acquisition Agreement (or decline to consummate the transactions thereunder) as a result of a breach of such representations in the Acquisition Agreement)."Acquisition Consideration" means the purchase consideration for any PermittedSubject Acquisition and all other payments by any Group Member in exchange for, or as part of, or in connection with, any PermittedSubject Acquisition, whether paid in cash or by exchange of Equity Interests or of properties or otherwise and whether payable at or prior to the consummation of such PermittedSubject Acquisition or deferred for payment at any future time, whether or not any such future payment is subject to the occurrence of any contingency, and includes any and all payments representing the purchase price and any assumptions of Indebtedness, "earn-outs" and other agreements to make any payment the amount of which is, or the terms of payment of which are, in any respect subject to or contingent upon the revenues, income, cash flow or profits (or the like) of any Person or business (it being understood that the amount of any deferred payment, including consideration paid in the form of or pursuant to an "earn-out" or other contingent payment, shall be calculated as the present value of expected future payments in respect thereof, as of the date of consummation of the applicable PermittedSubject Acquisition in accordance with GAAP)."Acquisition Period" shall mean the period from and after the consummation of a Qualifying Acquisition to and including the last day of the fourth full fiscal quarter following the fiscal quarter in which such Qualifying Acquisition was consummated."Adjusted Eurocurrency Rate" means, for any Interest Rate Determination Date with respect to an Interest Period for a Eurocurrency Rate Loan, the rate per annum obtained by dividing (i) (a) the rate per annum equal to the rate determined by the Administrative Agent to be the applicable Screen Rate for deposits (for delivery on the first day of such period) (such page currently being (x) in relation to a Loan denominated i

Definitions from Five Year Credit Agreement

This Amended and Restated Five-Year Credit Agreement, dated as of June 16, 2016, is among Cardinal Health, Inc., an Ohio corporation (the "Company"), certain Subsidiaries of the Company (the "Subsidiary Borrowers", and together with the Company, the "Borrowers"), each lender party hereto from time to time (the "Lenders") and JPMorgan Chase Bank, N.A. as Administrative Agent, Swingline Lender and LC Issuer. Capitalized terms used herein shall have the meanings assigned to them in Article I.

Definitions. As used in this Agreement:"Acquisition" means any transaction or series of related transactions for the purpose of or resulting, directly or indirectly, in (a) the acquisition of all or substantially all of the assets of a Person, or of any business or division of a Person, (b) the acquisition of in excess of 50% of the equity interests of any Person, or otherwise causing any Person to become a subsidiary, or (c) a merger or consolidation or any other combination with another Person (other than a Person that is a Subsidiary of the Borrowers) in which a Borrower or a Subsidiary of a Borrower is the surviving entity."Additional Commitment Lender" is defined in Section 2.28(d)."Administrative Agent" means JPMorgan Chase Bank, N.A., in its capacity as administrative agent under any of the Loan Documents, or any successor administrative agent."Administrative Agent Fee Letter" means the administrative agent fee letter dated as of May 25, 2016, between the Company and JPMorgan."Administrative Agent's Office" means, with respect to any currency, the Administrative Agent's address and, as appropriate, account as set forth on Schedule 13.1 with respect to such currency, or such other address or account with respect to such currency as the Administrative Agent may from time to time notify to the Company and the Lenders."Advance" means a borrowing hereunder, (a) made by one or more Lenders on the same Borrowing Date, or (b) converted or continued by the Lenders on the same date of conversion or continuation, consisting, in either case, of the aggregate amount of the several Loans of the same Type and, in the case of Eurocurrency Loans, in the same Agreed Currency and for the same Interest Period. The term "Advance" shall include Swingline Loans unless otherwise expressly provided."Affiliate" of any Person means any other Person directly or indirectly controlling, controlled by or under common control with such Person. A Person shall be deemed to control another Person if the controlling Person owns 10% or more of any class of voting securities (or other ownership interests) of the controlled Person or possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of the controlled Person, whether through ownership of stock, by contract or otherwise."Agent Parties" is defined in Section 13.3."Aggregate Commitment" means the aggregate of the Commitments of all the Lenders, as increased or reduced from time to time pursuant to the terms hereof. As of the date of this Agreement, the original Aggregate Commitment is $1,750,000,000."Aggregate Dollar Commitment" means at any date of determination with respect to all Lenders, an amount equal to the Dollar Commitments of all Lenders on such date. As of the date of this Agreement, the Aggregate Dollar Commitment is $1,250,000,000."Aggregate Dollar Outstanding Credit Exposure" means as at any date of determination with respect to any Lender, the sum of (a) aggregate unpaid principal amount of such Lender's Dollar Loans on such date, plus (b) an amount equal to its Pro Rata Share of the LC Obligations on such date, plus (c) an amount equal to its Pro Rata Share of the aggregate principal amount of Swingline Loans outstanding on such date."Aggregate Multicurrency Commitments" means at any date of determination with respect to all Multicurrency Lenders, an amount equal to the Multicurrency Commitments of all Multicurrency Lenders on such date, provided, however, that the Aggregate Multicurrency Commitments shall not exceed $500,000,000."Aggregate Multicurrency Outstanding Credit Exposure" means as at any date of determination with respect to any Lender, the Dollar Amount of the aggregate unpaid principal amount of such Lender's Multicurrency Loans and Alternate Currency Loans on such date."Aggregate Outstanding Credit Exposure" means as at any date of determination with respect to any Lender, the sum of such Lender's Aggregate Dollar Outstanding Credit Exposure and Aggregate Multicurrency Outstanding Credit Exposure on such date."Agreed Currencies" means (a) Dollars, and (b) so long as such currencies remain Eligible Currencies, (i) with respect to any Multicurrency Commitment, the Euro and British Pounds Sterling, (ii) with respect to any Alternate Currency Commitment, any Alternate Currency and (iii) with respect to the Swingline Sublimit, U.S. Dollars unless the Swingline Lender in its sole discretion agrees to make available, Euros, Australian Dollars, Canadian Dollars or any other Eligible Currency."Agreement" means this amended and restated five-year credit agreement, as it may be amended, restated, amended and restated, supplemented or otherwise modified and in effect from time to time."Alternate Currency" means any Eligible Currency which the Company requests the Administrative Agent to include as an Alternate Currency hereunder and which is acceptable to one or more of the applicable Alternate Currency Lenders, and with respect t

Definitions from Amendment to Amended and Restated Credit Agreement

This AMENDED AND RESTATED CREDIT AGREEMENT (as the same may from time to time be amended, restated or otherwise modified, this Agreement) is made effective as of the June 3, 2013 among:

Definitions. As used in this Agreement, the following terms shall have the meanings set forth below: Acquisition means any transaction or series of related transactions for the purpose of or resulting, directly or indirectly, in (a) the acquisition of all or substantially all of the assets of any Person (other than a Company), or any business or division of any Person (other than a Company), (b) the acquisition of in excess of fifty percent (50%) of the outstanding capital stock (or other equity interest) of any Person (other than a Company), or (c) the acquisition of another Person (other than a Company) by a merger, amalgamation or consolidation or any other combination with such Person. Additional Commitment means that term as defined in Section 2.9(b) hereof. Additional Foreign Borrower Assumption Agreement means each of the Additional Foreign Borrower Assumption Agreements executed by a Foreign Borrower, as applicable, after the Closing Date, substantially in the form of the attached Exhibit G, as the same may from time to time be amended, restated or otherwise modified. Additional Lender means an Eligible Transferee that shall become a Lender during the Commitment Increase Period pursuant to Section 2.9(bc) hereof. Additional Lender Assumption Agreement means an additional lender assumption agreement, in form and substance satisfactory to Agent, wherein an Additional Lender shall become a Lender. Additional Lender Assumption Effective Date means that term as defined in Section 2.9(bc) hereof. Administrative Borrower means US Borrower. Advantage means any payment (whether made voluntarily or involuntarily, by offset of any deposit or other indebtedness or otherwise) received by any Lender in respect of the Obligations, if such payment results in that Lender having less than its pro rata share (based upon its Commitment Percentage) of the Obligations then outstanding. Affected Lender means a Defaulting Lender, an Insolvent Lender or a Downgraded Lender. Affiliate means any Person, directly or indirectly, controlling, controlled by or under common control with a Company and control (including the correlative meanings, the terms controlling, controlled by and under common control with) means the power, directly or indirectly, to direct or cause the direction of the management and policies of a Company, whether through the ownership of voting securities, by contract or otherwise. Agent means that term as defined in the first paragraph hereof. Agreement means that term as defined in the first paragraph hereof. Alternate Currency means (a) Euros, Canadian Dollars, Pounds Sterling, Japanese Yen, Mexican Pesos, New Zealand Dollars and Australian Dollars, in each case as acceptable to Agent, and (b) any other currency, other than Dollars, agreed to by Agent and the Required Lenders in writing, that (i) shall be freely transferable and convertible into Dollars, (ii) is dealt with in the London interbank deposit market, and (iii) for which no central bank or other governmental authorization in the country of issue of such currency is required to give authorization for the use of such currency by any Lender for making Revolving Loans unless such authorization has been obtained and remains in full force and effect. Alternate Currency Exposure means, at any time and without duplication, the sum of the Dollar Equivalent of (a) the aggregate principal amount of Alternate Currency Loans outstanding to US Borrower, (b) the aggregate principal amount of Alternate Currency Loans outstanding to the Foreign Borrowers, and (c) the Letter of Credit Exposure that is denominated in one or more Alternate Currencies. Alternate Currency Loan means a Revolving Loan described in Section 2.2(a) hereof, that shall be denominated in an Alternate Currency and on which a Borrower shall pay interest at a rate based upon the Derived LIBOR Fixed Rate applicable to such Alternate Currency. Alternate Currency Maximum Amount means an amount equal to fifty percent (50%) of the Total CommitmentRevolving Amount. Alternate Currency Rate means, with respect to an Alternate Currency Loan:

Definitions from Credit Agreement

CREDIT AGREEMENT, dated as of September 29, 2015, by and among ORBITAL ATK, INC., a Delaware corporation (the Borrower), the Guarantors (as defined herein), the lenders who are party to this Agreement and the lenders who may become party to this Agreement pursuant to the terms hereof (collectively, the Lenders), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders, WELLS FARGO BANK, NATIONAL ASSOCIATION, CITIBANK, N.A., JPMORGAN CHASE BANK, N.A., BANK OF AMERICA, N.A., U.S. BANK, NATIONAL ASSOCIATION and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Issuing Lenders, and WELLS FARGO BANK, NATIONAL ASSOCIATION and U.S. BANK, NATIONAL ASSOCIATION, as Swingline Lenders.

Definitions. The following terms when used in this Agreement shall have the meanings assigned to them below: Accepting Lenders has the meaning assigned to such term in Section 5.16(a). Acquisition means, as to any Person, the purchase or other acquisition (in one transaction or a series of transactions, including through a merger) of at least a majority of the Equity Interests of another Person or all or substantially all of the property, assets or business of another Person or of the assets constituting a business unit, line of business or division of another Person. Acquisition Agreement Representations shall have the meaning assigned to such term in Section 5.13(a). Administrative Agent means Wells Fargo, in its capacity as Administrative Agent hereunder, and any successor thereto appointed pursuant to Section 11.6. Administrative Agents Office means the office of the Administrative Agent specified in or determined in accordance with the provisions of Section 12.1(c). Administrative Questionnaire means an administrative questionnaire in a form supplied by the Administrative Agent. Affiliate means, with respect to any Person, any other Person which directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such first Person or any of its Subsidiaries. The term control means (a) the power to vote ten percent (10%) or more of the securities or other equity interests of a Person having ordinary voting power, or (b) the possession, directly or indirectly, of any other power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities, by contract or otherwise. The terms controlling and controlled have meanings correlative thereto. Agreement means this Credit Agreement, as amended, restated, supplemented or otherwise modified from time to time. Alternative Currency means Canadian Dollars, Euros, Sterling, Yen or such other currency as the Administrative Agent and the Issuing Lenders may from time to time determine. For purposes of this definition, Canadian Dollar means the lawful currency of Canada, Euro means the single currency of the participating member states of the European Community and Sterling means the lawful currency of the United Kingdom. Anti-Corruption Laws means all laws, rules, and regulations of any jurisdiction applicable to the Borrower or its Subsidiaries from time to time concerning or relating to bribery or corruption, including, without limitation, the United States Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder. Applicable Law means all applicable provisions of constitutions, laws, statutes, ordinances, rules, treaties, regulations, permits, licenses, approvals, interpretations and orders of courts or Governmental Authorities and all orders and decrees of all courts and arbitrators. Applicable Margin means the corresponding percentages per annum as set forth below based on the Consolidated Total Leverage Ratio: Pricing Level

Definitions from Indenture

INDENTURE, dated as of , 20 , between BOINGO WIRELESS, INC., a Delaware corporation, as Issuer (the Company), having its principal office at 10960 Wilshire Blvd., 23rd Floor, Los Angeles, California 90024, and [TRUSTEE], a New York banking corporation, as Trustee (the Trustee).

Definitions. Act, when used with respect to any Holder, has the meaning specified in Section 104. Additional Amounts has the meaning specified in Section 1010. Affiliate of any specified Person means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For purposes of this definition, control, as used with respect to any Person, shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such Person, whether through the ownership of voting securities, by agreement or otherwise. For purposes of this definition, the terms controlling, controlled by and under common control with shall have correlative meanings. Attributable Debt has the meaning specified in Section 1007. Authenticating Agent means any Person appointed by the Trustee to act on behalf of the Trustee pursuant to Section 611 to authenticate Securities. Authorized Newspaper means a newspaper, in the English language or in an official language of the country of publication, customarily published on each Business Day, whether or not published on Saturdays, Sundays or holidays, and of general circulation in each place in connection with which the term is used or in the financial community of each such place. Where successive publications are required to be made in Authorized Newspapers, the successive publications may be made in the same or in different newspapers in the same city meeting the foregoing requirements and in each case on any Business Day. Bankruptcy Law means Title 11, U.S. Code or any similar U.S. federal or state law for the relief of debtors. Bearer Security means any Security except a Registered Security. Board of Directors means (i) with respect to a corporation, the board of directors of the corporation; (ii) with respect to a partnership, the board of directors of a corporate general partner of the partnership; (iii) with respect to a limited liability company, the managing members thereof; and (iv) with respect to any other Person, the board of directors or committee of such Person serving a similar function. Board Resolution means a copy of a resolution certified by the Secretary or an Assistant Secretary of the Company as the case may be, to have been duly adopted by the Board of Directors and to be in full force and effect on the date of such certification, and delivered to the Trustee. Business Day means, when used with respect to any Place of Payment or any other particular location referred to in this Indenture or in the Securities, unless otherwise specified with respect to any Securities pursuant to Section 301, each Monday, Tuesday, Wednesday, Thursday and Friday which (i) is not a day on which banking institutions in that Place of Payment or other location are authorized or obligated by law or executive order to close and (ii) if a payment is to be made in (or a rate is to be ascertained for) Euros, is also a day in which TARGET2 is open for settlement of payments in Euros. Clearstream means Clearstream Banking, societe anonyme, or its successor. Code means the United States Internal Revenue Code of 1986, as amended, and the regulations thereunder. Commission or SEC means the U.S. Securities and Exchange Commission, as from time to time constituted, created under the Exchange Act, or, if at any time after the execution of this Indenture such Commission is not existing and performing the duties now assigned to it under the Trust Indenture Act, then the body performing such duties at such time. Commodity Agreement means any forward contract, commodity swap, commodity option or other financial agreement or arrangement relating to, or the value of which is dependent upon, fluctuations in commodity prices. Common Depositary has the meaning specified in Section 304. Company means the Person named as the Company in the first paragraph of this Indenture until a successor Person shall have become such pursuant to the applicable provisions of this Indenture, and thereafter Company shall mean such successor Person. Company Request or Company Order means a written request or order signed in the name of the Company by an Officer of the Company and delivered to the Trustee. Consolidated Net Tangible Assets means the total assets of the Company and its Restricted Subsidiaries (including, without limitation, any net investment in Subsidiaries that are not Restricted Subsidiaries) after deducting therefrom (a) all current liabilities (excluding any thereof constituting Indebtedness) and (b) all goodwill, trade names, trademarks, franchises, patents, unamortized debt discount and expense, organization and developmental expenses and other like segregated intangibles, all as computed by the Company and its Restricted Subsidiaries in accordance with GAAP as of the end of the fiscal year preceding the date of determination; provided, that any items constituting deferred income taxes, deferred investm

Definitions from Indenture

INDENTURE, dated as of , 20 , between CONTRAFECT CORPORATION., a Delaware corporation, as Issuer (the Company), having its principal office at 28 Wells Avenue, Third Floor, Yonkers, New York 10701, and [TRUSTEE], a New York banking corporation, as Trustee (the Trustee).

Definitions. Act, when used with respect to any Holder, has the meaning specified in Section 104. Additional Amounts has the meaning specified in Section 1010. Affiliate of any specified Person means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For purposes of this definition, control, as used with respect to any Person, shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such Person, whether through the ownership of voting securities, by agreement or otherwise. For purposes of this definition, the terms controlling, controlled by and under common control with shall have correlative meanings. Attributable Debt has the meaning specified in Section 1007. Authenticating Agent means any Person appointed by the Trustee to act on behalf of the Trustee pursuant to Section 611 to authenticate Securities. Authorized Newspaper means a newspaper, in the English language or in an official language of the country of publication, customarily published on each Business Day, whether or not published on Saturdays, Sundays or holidays, and of general circulation in each place in connection with which the term is used or in the financial community of each such place. Where successive publications are required to be made in Authorized Newspapers, the successive publications may be made in the same or in different newspapers in the same city meeting the foregoing requirements and in each case on any Business Day. Bankruptcy Law means Title 11, U.S. Code or any similar U.S. federal or state law for the relief of debtors. Bearer Security means any Security except a Registered Security. Board of Directors means (i) with respect to a corporation, the board of directors of the corporation; (ii) with respect to a partnership, the board of directors of a corporate general partner of the partnership; (iii) with respect to a limited liability company, the managing members thereof; and (iv) with respect to any other Person, the board of directors or committee of such Person serving a similar function. Board Resolution means a copy of a resolution certified by the Secretary or an Assistant Secretary of the Company as the case may be, to have been duly adopted by the Board of Directors and to be in full force and effect on the date of such certification, and delivered to the Trustee. Business Day means, when used with respect to any Place of Payment or any other particular location referred to in this Indenture or in the Securities, unless otherwise specified with respect to any Securities pursuant to Section 301, each Monday, Tuesday, Wednesday, Thursday and Friday which (i) is not a day on which banking institutions in that Place of Payment or other location are authorized or obligated by law or executive order to close and (ii) if a payment is to be made in (or a rate is to be ascertained for) Euros, is also a day in which TARGET2 is open for settlement of payments in Euros. Clearstream means Clearstream Banking, societe anonyme, or its successor. Code means the United States Internal Revenue Code of 1986, as amended, and the regulations thereunder. Commission or SEC means the U.S. Securities and Exchange Commission, as from time to time constituted, created under the Exchange Act, or, if at any time after the execution of this Indenture such Commission is not existing and performing the duties now assigned to it under the Trust Indenture Act, then the body performing such duties at such time. Commodity Agreement means any forward contract, commodity swap, commodity option or other financial agreement or arrangement relating to, or the value of which is dependent upon, fluctuations in commodity prices. Common Depositary has the meaning specified in Section 304. Company means the Person named as the Company in the first paragraph of this Indenture until a successor Person shall have become such pursuant to the applicable provisions of this Indenture, and thereafter Company shall mean such successor Person. Company Request or Company Order means a written request or order signed in the name of the Company by an Officer of the Company and delivered to the Trustee. Consolidated Net Tangible Assets means the total assets of the Company and its Restricted Subsidiaries (including, without limitation, any net investment in Subsidiaries that are not Restricted Subsidiaries) after deducting therefrom (a) all current liabilities (excluding any thereof constituting Indebtedness) and (b) all goodwill, trade names, trademarks, franchises, patents, unamortized debt discount and expense, organization and developmental expenses and other like segregated intangibles, all as computed by the Company and its Restricted Subsidiaries in accordance with GAAP as of the end of the fiscal year preceding the date of determination; provided, that any items constituting deferred income taxes, deferred investm

Definitions from Fourteenth Amendment to Credit Agreement

THIS CREDIT AGREEMENT is dated as of August 16, 2005 and is made by and among Huntsman International LLC, a Delaware limited liability company (the Borrower), the financial institutions party hereto, in their capacities as lenders hereunder (collectively, the Lenders, and each individually, a Lender), and JPMorgan Chase Bank, N.A., as Administrative Agent (acting in such capacity, the Administrative Agent) for the Lenders.

Definitions. As used herein, and unless the context requires a different meaning, the following terms have the meanings indicated: 2013 Additional Term Loan Facility means the credit facility under this Agreement evidenced by the 2013 Additional Term Loans. 2013 Additional Term Loans has the meaning assigned to such term in the Eighth Amendment. 2014 Incremental Revolving Facility has the meaning assigned thereto in the Thirteenth Amendment. 2014 Revolving Commitment Increase means the making of a Revolving Commitment Increase in the maximum aggregate principal amount equal to $200,000,000 by the Revolving Lenders party to the Eleventh Amendment and the New Revolving Lenders party to the Eleventh Amendment. 2013-1 Additional Term Loans has the meaning assigned to such term in the Ninth Amendment. 2014-1 Additional Term Commitment means, with respect to any Person, the principal amount set forth opposite such Persons name on Schedule 1 to the Eleventh Amendment under the caption Amount, and 2014-1 Additional Term Commitments means such commitments collectively, which commitments equal $1,150,000,000 in the aggregate. 2014-1 Additional Term Facility means the credit facility under this Agreement evidenced by the 2014-1 Additional Term Commitments and the 2014-1 Additional Term Loans. 2014-1 Additional Term Lender means any Person who has a 2014-1 Additional Term Commitment or has made a 2014-1 Additional Term Loan. 2014-1 Additional Term Loans Termination Date means December 17, 2014, if the Eleventh Amendment Release Date has not occurred on or prior to such date. 2014-1 Additional Term Loans has the meaning assigned to that term in Section 2.1(e). 2014-1 Additional Term Loan Maturity Date means (x) if the Eleventh Amendment Release Date has not occurred on or prior to December 17, 2014, one Business Day after the occurrence of the 2014-1 Additional Term Loans Termination Date and (y) in any other case, the date that is the seventh anniversary of the Eleventh Amendment Release Date; provided that (A) to the extent that there are any Existing Senior Notes that have not been refinanced with Permitted Refinancing Indebtedness that has a scheduled maturity date later than the 2014-1 Additional Term Loan Maturity Date prior to the 91st day prior to the scheduled maturity date of the Existing Senior Notes, then, unless, for each day during the period from such 91st day prior to such Existing Senior Notes maturity to such Existing Senior Notes maturity, the sum of (x) Cash and Cash Equivalents of the Borrower and its Subsidiaries on such day, (y) the Total Available Revolving Commitment on such day and (z) the total available capacity under the Receivables Documents in existence on such day that exceeds the actual Receivables Facility Attributed Indebtedness outstanding on such day is at least the Required Sum for such day, the 2014-1 Additional Term Loan Maturity Date shall be such day, (B) to the extent that there are any 2020 Senior Subordinated Notes that have not been refinanced with Permitted Refinancing Indebtedness that has a scheduled maturity date later than the 2014-1 Additional Term Loan Maturity Date prior to the 91st day prior to the scheduled maturity date of the 2020 Senior Subordinated Notes, then, unless, for each day during the period from such 91st day prior to such 2020 Senior Subordinated Notes maturity to such 2020 Senior Subordinated Notes maturity, the sum of (x) Cash and Cash Equivalents of the Borrower and its Subsidiaries on such day, (y) the Total Available Revolving Commitment on such day and (z) the total available capacity under the Receivables Documents in existence on such day that exceeds the actual Receivables Facility Attributed Indebtedness outstanding on such day is at least the Required Sum for such day, the 2014-1 Additional Term Loan Maturity Date shall be such day and (C) to the extent that there are any 2021 Senior Subordinated Notes that have not been refinanced with Permitted Refinancing Indebtedness that has a scheduled maturity date later than the 2014-1 Additional Term Loan Maturity Date prior to the 91st day prior to the scheduled maturity date of the 2021 Senior Subordinated Notes, then, unless, for each day during the period from such 91st day prior to such 2021 Senior Subordinated Notes maturity to such 2021 Senior Subordinated Notes maturity, the sum of (x) Cash and Cash Equivalents of the Borrower and its Subsidiaries on such day, (y) the Total Available Revolving Commitment on such day and (z) the total available capacity under the Receivables Documents in existence on such day that exceeds the actual Receivables Facility Attributed Indebtedness outstanding on such day is at least the Required Sum for such day, the 2014-1 Additional Term Loan Maturity Date shall be such day. 2014-1 Additional Term Note and 2014-1 Additional Term Notes have the meanings assigned to those terms in Section 2.2(a). 2015 Extended Term B Dollar Lender means, at any time, any Lender that has a 20

Definitions from Amended and Restated Credit Agreement

This Amended and Restated Credit Agreement dated as of May 14, 2015, is among Cameron International Corporation, Cameron (Singapore) Pte. Ltd., Cameron Canada Corporation, Cameron Lux V S.a r.l., Cameron Flow Control Technology GmbH, Cameron Petroleum (UK) Limited, the Lenders (defined below), and JPMorgan Chase Bank, N.A., as an LC Issuer and Administrative Agent.

Definitions. As used in this Agreement: "Additional Commitment Lender" is defined in Section 2.28(c). "Additional Lender" is defined in Section 2.27(a). "Administrative Agent" means JPMorgan Chase Bank, N.A. in its capacity as contractual representative of the Lenders pursuant to Article X, and not in its individual capacity as a Lender, and any successor Administrative Agent appointed pursuant to Article X. "Administrative Questionnaire" means an administrative questionnaire supplied by the Administrative Agent. "Advance" means a borrowing hereunder, (a) made by some or all of the Lenders on the same Borrowing Date, or (b) converted or continued by the Lenders on the same date of conversion or continuation, consisting, in either case, of the aggregate amount of the several Loans of the same Type and, in the case of Eurocurrency Loans, in the same Agreed Currency and for the same Interest Period. The term "Advance" shall include Swing Line Loans unless otherwise expressly provided. "Affiliate" of any Person means any other Person directly or indirectly controlling, controlled by or under common control with such Person. A Person shall be deemed to control another Person if the controlling Person possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of the controlled Person, whether through ownership of stock, by contract or otherwise. "Agreed Currencies" means (a) Dollars, (b) so long as such currencies remain Eligible Currencies, British Pounds Sterling, Canadian Dollars, the Euro and Singapore Dollars, and (c) any other Eligible Currency which a Borrower requests the Administrative Agent to include as an Agreed Currency hereunder and which is acceptable to all of the Lenders. "Aggregate Commitment" means the aggregate of the Commitments of all the Lenders (both Commitments (All Borrowers) and the Commitment (EDC Permitted Borrowers)), as reduced or increased from time to time pursuant to the terms hereof. "Aggregate Outstanding Credit Exposure" means, at any time, the aggregate of the Outstanding Credit Exposure of all the Lenders. "Agreement" means this amended and restated credit agreement, as it may be further amended, restated, modified or supplemented and in effect from time to time. References to "the date hereof", "the date of this Agreement" or similar language shall refer to May 14, 2015. "Agreement Accounting Principles" means generally accepted accounting principles as in effect from time to time. "Alternate Base Rate" means, for any day, a rate of interest per annum equal to the greatest of (a) the Prime Rate in effect on such day, (b) the Federal Funds Effective Rate in effect on such day plus 1/2 of 1% and (c) the Eurocurrency Reference Rate for a one month Interest Period on such day (or if such day is not a Business Day, the immediately preceding Business Day) plus 1%. Any change in the Alternate Base Rate due to a change in the Prime Rate, the Federal Funds Effective Rate or the Eurocurrency Reference Rate shall be effective from and including the effective date of such change in the Prime Rate, the Federal Funds Effective Rate or the Eurocurrency Reference Rate, respectively. "Anniversary Date" means each annual anniversary of the Closing Date. "Anti-Corruption Laws" means the FCPA, the UK Bribery Act, any similar law or regulation of the European Union and any similar law or regulation of any other Applicable Authority. "Applicable Authority" means a Governmental Authority in (a) Canada or (b) any jurisdiction of organization of any Borrower. "Applicable Fee Rate" means, at any time, the percentage rate per annum at which Commitment Fees are accruing at such time as set out in the attached Pricing Schedule. "Applicable Margin" means, with respect to Advances of any Type or Facility LCs of any Type, at any time, the percentage rate per annum which is applicable at such time with respect to Advances or Facility LCs of such Type as set out in the attached Pricing Schedule. "Approximate Equivalent Amount" of any currency with respect to any amount of Dollars shall mean the Equivalent Amount of such currency with respect to such amount of Dollars on or as of such date, rounded up to the nearest amount of such currency as determined by the Administrative Agent from time to time. "Arrangers" means JPMorgan, CGMI and CS Securities, and each of their respective successors, in their capacities as Joint Lead Arrangers and Joint Book Runners. "Article" means an article of this Agreement unless another document is specifically referenced. "Authorized Officer" means, with respect to any of the Borrowers, any of the chief executive officer, president, chief financial officer, treasurer, assistant treasurer or controller, acting singly. "Available Aggregate Commitment" means, at any time, the Aggregate Commitment then in effect minus the Aggregate Outstanding Credit Exposure at such time. "Bank Guaranty" means a guaranty executed by an LC Issuer with respect to