Kodak 2011 Annual Report Download - page 152

discretion in such amount as the Agent may determine reflects the unpaid or unremitted Canadian Priority Payables of the Canadian Loan
Parties, which would give rise to a Lien under applicable laws with priority over, or pari passu
with, the Liens of the Agent for the benefit of the
Canadian Secured Parties.
“ Canadian Protective Revolving Loans ” has the meaning specified in Section 2.01(c) .
“ Canadian Qualified Lender ” means a financial institution that is not prohibited by law, including under the Bank Act (Canada)
, from
having a Canadian Revolving Credit Commitment or making any Canadian Revolving Loans to Kodak Canada hereunder, and if such financial
institution is not resident in Canada and is not deemed to be resident in Canada for purposes of the Income Tax Act (Canada)
, that financial
institution deals at arm’s length with Kodak Canada and the other Canadian Loan Parties for purposes of the Income Tax Act (Canada) .
“ Canadian Revolving Borrowing ”
means a borrowing consisting of simultaneous Revolving Loans of the same Type made by each of
the Canadian Revolving Lenders pursuant to Section 2.01(a)(ii) .
“ Canadian Revolving Credit Commitment ” means as to any Revolving Lender (a) the amount set forth opposite such Lender’
s name on
Schedule I hereto as such Lender’s “Canadian Revolving Credit Commitment”,
which shall be designated as a Commitment under the Revolving
Credit Facility, or (b) if such Lender has entered into an Assignment and Acceptance, the amount set forth for such Lender in the Register
maintained by the Agent pursuant to Section 8.07(g) , as such amount may be reduced pursuant to Section 2.05 .
“ Canadian Revolving Credit Facility ” means, at any time, the aggregate amount of the Revolving Lenders’
Canadian Revolving Credit
Commitments at such time.
“ Canadian Revolving Credit Facility Usage ”
means, at any time, the aggregate outstanding principal amount of all Canadian Revolving
Loans made by the Revolving Lenders.
“ Canadian Revolving Lender ” means, at any time, a Lender that has a Canadian Revolving Credit Commitment at such time.
“ Canadian Revolving Loan ”
means an advance by a Revolving Lender as part of a Canadian Revolving Borrowing and refers to a Base
Rate Revolving Loan or a Eurodollar Rate Revolving Loan and shall be deemed to include any Canadian Protective Revolving Loan made
hereunder.
“ Canadian Secured Agreements ”
means any Secured Agreement that is entered into by and between any Canadian Loan Party or any of
its Subsidiaries and any Lender (or Affiliate thereof) (regardless of whether such Lender subsequently ceases to be a Lender for any reason).
“ Canadian Secured Obligations ” means the “Secured Obligations”, as defined in the Canadian Security Agreement.
“ Canadian Secured Parties ”
means, collectively, the Agent, the Collateral Agent, each Canadian Revolving Lender and each Lender or
Affiliate of a Lender in its capacity as a counterparty to a Canadian Secured Agreement (regardless of whether such Lender subsequently ceases to
be a Lender for any reason).
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