First Data 2007 Annual Report Download - page 241

"Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, and the regulations promulgated and rulings issued
thereunder. Section references to the Code are to the Code, as in effect at the Original Closing Date, and any subsequent provisions of the Code, amendatory
thereof, supplemental thereto or substituted therefor.
"Collateral" shall mean all property pledged or purported to be pledged pursuant to the Security Documents.
"Collateral Agent" shall mean Credit Suisse, as collateral agent under the Security Documents, or any successor collateral agent pursuant to
Section 12.9.
"Commitment Fee" shall have the meaning provided in Section 4.1(a).
"Commitment Fee Rate" shall mean, with respect to the Available Commitment on any day, the rate per annum set forth below opposite the
Status in effect on such day:
Status Commitment Fee Rate
Level I Status
Level II Status
Level III Status
Notwithstanding the foregoing, the term "Commitment Fee Rate" shall mean 0.50% during the period from and including the Original Closing Date to but
excluding the Trigger Date.
"Commitments" shall mean, with respect to each Lender (to the extent applicable), such Lender's Revolving Credit Commitment, a New
Revolving Credit Commitment, an Initial Tranche B-1 Term Loan Commitment, an Initial Tranche B-2 Term Loan Commitment, an Initial Tranche B-3 Term
Loan Commitment, a Delayed Draw Term Loan Commitment, a Euro Tranche B-1 Term Loan Commitment, a Euro Tranche B-2 Term Loan Commitment or
a New Term Loan Commitment.
"Communications" shall have the meaning provided in Section 13.17(a).
"Company" shall have the meaning provided in the preamble to this Agreement.
"Confidential Information" shall have the meaning provided in Section 13.16.
"Confidential Information Memorandum" shall mean the Confidential Information Memorandum of the Borrower dated September 2007.
"Consolidated EBITDA" shall mean, for any period, Consolidated Net Income for such period, plus:
(a) without duplication and to the extent already deducted (and not added back) in arriving at such Consolidated Net Income, the sum of the
following amounts for the Borrower and the Restricted Subsidiaries for such period:
(i) total interest expense and to the extent not reflected in such total interest expense, any losses on hedging obligations or other derivative
instruments entered into for the purpose of hedging interest rate risk, net of interest income and gains on such hedging obligations, bank fees and
costs of surety bonds in connection with financing activities, and commissions, discounts, yield and other fees and charges (including any interest
expense) related to any Permitted Receivables Financing,
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