Kodak 2011 Annual Report Download - page 163

governmental or regulatory authority or any third party for damages, contribution, indemnification, cost recovery, compensation or
injunctive relief.
“ Environmental Law ”
means any federal, state, provincial, municipal, local or foreign statute, law, ordinance, rule, regulation, code,
order, judgment, decree or judicial or agency interpretation, policy or guidance relating to pollution or protection of the environment, health and
safety as it relates to any Hazardous Materials or natural resources, including, without limitation, those relating to the use, handling, transportation,
treatment, storage, disposal, release or discharge of Hazardous Materials.
“ Environmental Permit ”
means any permit, approval, identification number, license or other authorization required under any
Environmental Law.
“ Equipment ” has the meaning specified in the UCC or the PPSA, as the context may require.
“ ERISA ”
means the United States Employee Retirement Income Security Act of 1974, as amended from time to time, and the
regulations promulgated and rulings issued thereunder.
“ ERISA Affiliate ”
means any Person that for purposes of Title IV of ERISA is a member of the controlled group of any Loan Party, or
under common control with any Loan Party, within the meaning of Section 414 of the Code.
“ ERISA Event ” means (a)(i) the occurrence of a reportable event, as described in 29 CFR § 4043, with respect to any Plan unless the 30-
day notice requirement with respect to such event has been waived by the PBGC or (ii) the requirements of Section 4043(b) of ERISA apply with
respect to a contributing sponsor, as defined in Section 4001(a)(13) of ERISA, of a Plan, and an event described in 29 CFR § 4043.62 through 68
is reasonably expected to occur with respect to such Plan within the following 30 days; provided
that for purposes of this clause (a), a reportable
event shall not include the events set forth in §4043.35(a); (b) the application for a minimum funding waiver with respect to a Plan; (c) the
provision by the administrator of any Plan of a notice of intent to terminate such Plan, pursuant to Section 4041(a)(2) of ERISA (including any
such notice with respect to a plan amendment referred to in Section 4041(e) of ERISA); (d) the cessation of operations at a facility of any Loan
Party or any ERISA Affiliate in the circumstances described in Section 4062(e) of ERISA; (e) the withdrawal by any Loan Party or any ERISA
Affiliate from a Multiple Employer Plan during a plan year for which it was a substantial employer, as defined in Section 4001(a)(2) of ERISA; (f)
the conditions for imposition of a lien under Section 303(k) of ERISA shall have been met with respect to any Plan; (g) a determination that any
Plan is in “at risk”
status (within the meaning of Section 303 of ERISA); or (h) the institution by the PBGC of proceedings to terminate a Plan
pursuant to Section 4042 of ERISA, or the occurrence of any event or condition described in Section 4042 of ERISA.
“ Eurodollar Lending Office ” means, as to any Lender, the office or offices of such Lender described as such in such Lender’
s
Administrative Questionnaire, or such other office or offices as a Lender may from time to time notify the Borrowers and the Agent.
“ Eurodollar Rate ”
means for any Interest Period with respect to a Eurodollar Rate Loan, a rate per annum determined by the Agent
pursuant to the following formula:
Eurodollar Rate = Eurodollar Base Rate
1.00 – Eurodollar Reserve Percentage
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