Kodak 2011 Annual Report Download - page 166

“ Fund ” means any Person (other than an individual) that is or will be engaged in making, purchasing, holding or otherwise investing
in commercial loans and similar extensions of credit in the ordinary course.
“ GAAP ” has the meaning specified in Section 1.03 .
“ Guaranteed Obligations ”
means the Comprehensive Guaranteed Obligations and/or the Canadian Guaranteed Obligations, as the
context may require.
“ Guarantors ” means the Company, the US Subsidiary Guarantors and the Canadian Subsidiary Guarantors.
“ Guaranty ” means the guaranty of each Guarantor set forth in Article VII .
“ Guaranty Supplement ” has the meaning specified in Section 6.09 .
“ Hazardous Materials ” means (a) petroleum and petroleum products, byproducts or breakdown products, radioactive materials, asbestos-
containing materials, polychlorinated biphenyls and radon gas and (b) any other chemicals, materials or substances designated, classified or
regulated as hazardous or toxic or as a pollutant or contaminant under any Environmental Law.
“ Hedge Agreement Obligations ” means the aggregate net liabilities, on a mark-to-
market basis as determined in accordance with GAAP,
for all Hedge Agreements of a Person calculated as of the end of the most recent month.
“ Hedge Agreements ”
means interest rate, currency or commodity swap, cap or collar agreements, interest rate, currency or commodity
future or option contracts and other similar agreements.
“ HMRC ” means Her Majesty's Revenue & Customs.
“ Indenture ”
means the Indenture dated as of January 1, 1988 between the Company and The Bank of New York, as trustee, as amended
from time to time.
“ Initial Issuing Banks ” means each Lender (or an Affiliate thereof) with a Letter of Credit Commitment on the Effective Date.
“ Initial Lender ” means Citicorp North America, Inc.
“ Insufficiency ”
means, with respect to any Plan, the amount, if any, of its unfunded benefit liabilities, as defined in Section 4001(a)(18)
of ERISA.
“ Intellectual Property ” has the meaning specified in Section 4.01(i) .
“ Intellectual Property Security Agreement ” means a “short form”
intellectual property security agreement substantially in the form of
Exhibit A to the US Security Agreement or Exhibit A to the Canadian Security Agreement, as applicable.
“ Intercreditor Agreement ”
means the Intercreditor Agreement among Citicorp North America, Inc., dated as of the Effective Date (or
such later date as is contemplated by the paragraph immediately following Section 3.01(d)(vi) ) as administrative agent for the Revolving
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