Kodak 2011 Annual Report Download - page 164

“ Eurodollar Base Rate ” means, for such Interest Period, the rate per annum equal to the British Bankers Association LIBOR Rate (
“
BBA LIBOR ”),
as published by Reuters on Screen LIBOR01 (or other commercially available source providing quotations of BBA LIBOR as
designated by the Agent from time to time) at approximately 11:00 a.m., London time, two Business Days prior to the commencement of such
Interest Period, for Dollar deposits (for delivery on the first day of such Interest Period) with a term equivalent to such Interest Period. If such rate
is not available at such time for any reason, then the “Eurodollar Base Rate”
for such Interest Period shall be the rate per annum determined by the
Agent to be the rate at which deposits in Dollars for delivery on the first day of such Interest Period in same day funds in the approximate amount
of the Eurodollar Rate Loan being made, continued or converted by the Agent and with a term equivalent to such Interest Period would be offered
by the Agent’
s London Branch to major banks in the London interbank eurodollar market at their request at approximately 11:00 a.m. (London
time) two Business Days prior to the commencement of such Interest Period; provided
, that the Eurodollar Base Rate with respect to the Term
Loans shall be not less than 1.50%.
“ Eurodollar Rate Loan ” means a Eurodollar Rate Revolving Loan or a Eurodollar Rate Term Loan.
“ Eurodollar Rate Revolving Loan ” means a Revolving Loan that bears interest as provided in Section 2.07(a)(i) .
“ Eurodollar Rate Term Loan ” means a Term Loan that bears interest as provided in Section 2.07(a)(iii) .
“ Eurodollar Reserve Percentage ”
means, for any day during any Interest Period, the reserve percentage (expressed as a decimal, carried
out to five decimal places) in effect on such day, whether or not applicable to any Lender, under regulations issued from time to time by the FRB
for determining the maximum reserve requirement (including any emergency, supplemental or other marginal reserve requirement) with respect to
Eurocurrency funding (currently referred to as “Eurocurrency liabilities”).
The Eurodollar Rate for each outstanding Eurodollar Rate Loan shall be
adjusted automatically as of the effective date of any change in the Eurodollar Reserve Percentage.
“ Events of Default ” has the meaning specified in Section 6.01 .
“ Excess Availability ” means the sum of the Canadian Excess Availability and the US Excess Availability.
“ Exchange Rate ”
means on any date, (i) with respect to Canadian Dollars in relation to Dollars, the spot rate as quoted by the Agent at
its noon spot rate at which Dollars are offered on such date for Canadian Dollars, and (ii) with respect to Dollars in relation to Canadian Dollars,
the spot rate as quoted by the Agent at its noon spot rate at which Canadian Dollars are offered on such date for such Dollars.
“ Excluded Account ”
means (i) any deposit or concentration accounts funded in the ordinary course of business, the deposits in which
shall not aggregate more than $2,000,000 and (ii) any payroll, trust and tax withholding accounts funded in the ordinary course of business or
required by applicable law.
“ Excluded Taxes ” has the meaning specified in Section 2.14(a) .
20