Kodak 2011 Annual Report Download - page 172

“ Non-Defaulting Lender ” means, at any time, a Lender that is not a Defaulting Lender or a Potential Defaulting Lender.
“ Non-US Subsidiary ” means any direct or indirect Subsidiary of the Company that is not a US Subsidiary.
“ Note ”
means a promissory note of the applicable Borrower payable to the order of any Revolving Lender or Term Lender, delivered
pursuant to a request made under Section 2.16 in substantially the form of Exhibit A-1 or Exhibit A-2
hereto, as applicable, evidencing the
aggregate indebtedness of the applicable Borrower to such Lender resulting from the Loans made by such Lender.
“ Notice of Borrowing ” has the meaning specified in Section 2.02(a) .
“ Notice of Issuance ” has the meaning specified in Section 2.03(a) .
“ Obligations ” means the Canadian Obligations and/or the US Obligations, as the context may require.
“ Operating Forecast ”
means a consolidated business plan and projected operating budget substantially in the form of the budget dated
January 16, 2012, previously delivered to the Agent.
“ Orders ” means, collectively, the Interim Order and the Final Order.
“ Other Existing Letters of Credit ” means the letters of credit set forth on Schedule 1.01(b).
“ Other Proceeds ”
means the Net Cash Proceeds of any Asset Sale or Casualty Event that results from the sale, casualty or other
disposition of, or payment or licensing agreement (including an IP License except to the extent constituting IP Settlement Proceeds) with respect
to, any other assets (including without limitation the Term Facility Collateral and the Canadian Collateral, but excluding (x) Accounts, Inventory,
Equipment or machinery that in each case constitutes Collateral and (y) any Digital Imaging Patent Portfolio Disposition to the extent the Net Cash
Proceeds thereof have been deposited to a Digital Imaging Patent Portfolio Disposition Cash Collateral Account in accordance with Section 5.01
(n) (to the extent required by such Section 5.01(n) ).
“ Other Taxes ” has the meaning specified in Section 2.14(b) .
“ Outstandings ”
means (x) with respect to any Revolving Lender at any time, the sum of (i) the outstanding principal amount of such
Lender’s Revolving Loans plus (ii) such Lender’
s Ratable Share of (A) the aggregate Available Amount of all US Letters of Credit outstanding at
such time and (B) the aggregate principal amount of all US Revolving Loans made by each Issuing Bank pursuant to Section 2.03(c)
that have not
been ratably funded by such Lender and outstanding at such time and (y) with respect to any Term Lender at any time, the outstanding principal
amount of such Lender’s Term Loans at such time.
“ Parent Company ”
means, with respect to a Lender, the bank holding company (as defined in Federal Reserve Board Regulation Y), if
any, of such Lender, and/or any Person owning, beneficially or of record, directly or indirectly, a majority of the shares of such Lender.
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