Kodak 2011 Annual Report Download - page 175

“ PPSA ” means the Personal Property Security Act of Ontario; provided that, if perfection or the effect of perfection or non-
perfection or
the priority of any security interest in any Collateral is governed by the PPSA as in effect in a Canadian jurisdiction other than Ontario, or by the
Civil Code of Quebec, “PPSA”
means the Personal Property Security Act as in effect from time to time in such other jurisdiction or the Civil Code
of Quebec, as applicable, for purposes of the provisions hereof relating to such perfection, effect of perfection or non-perfection or priority.
“ Prepayment Date ”
means (i) the date that is 30 days after the Interim Order Entry Date if the Final Order has not been entered by the
Bankruptcy Court prior to such date ( provided , however
, that such date shall be 45 days after the Interim Order Entry Date if entry of the Final
Order is delayed by any requirements as a result of an evidentiary hearing or similar hearing or process associated with objections being made to
entry of the Interim Order or the Final Order) or (ii) such later date as approved by the Required Lenders.
“ Pre-Petition Debt ”
means, collectively, the Debt of each Debtor outstanding and unpaid on the date on which such Person becomes a
Debtor.
“ Pre-Petition Payment ”
means a payment (by way of adequate protection or otherwise) of principal or interest or otherwise on account
of any (i) Pre-Petition Debt, (ii) “critical or foreign vendor payments”
or (iii) trade payables (including, without limitation, in respect of
reclamation claims), or other pre-petition claims against any Debtor.
“ Protective Revolving Loan ” has the meaning specified in Section 2.01(c) .
“ Public Debt Rating ” means, as of any date, for any Person the rating that has been most recently announced by either S&P or Moody’
s,
as the case may be, for any class of long-
term senior secured debt issued by such Person or, if any such rating agency shall have issued more than
one such rating, the lowest such rating issued by such rating agency. If S&P or Moody’
s shall change the basis on which ratings are established,
each reference to the Public Debt Rating announced by S&P or Moody’
s, as the case may be, shall refer to the then equivalent rating by S&P or
Moody’s, as the case may be.
“ Ratable Share ” of any amount means, (a) with respect to any US Revolving Lender at any time, the product of such amount times
a
fraction the numerator of which is the amount of such Lender’
s US Revolving Credit Commitment at such time (or, if the US Revolving Credit
Commitments shall have been terminated pursuant to Section 2.05 or 6.01 , such Lender’
s US Revolving Credit Commitment as in effect
immediately prior to such termination) and the denominator of which is the aggregate amount of all US Revolving Credit Commitments at such
time (or, if the US Revolving Credit Commitments shall have been terminated pursuant to Section 2.05 or 6.01
, the aggregate amount of all US
Revolving Credit Commitments as in effect immediately prior to such termination), (b) with respect to any Canadian Revolving Lender at any
time, the product of such amount times a fraction the numerator of which is the amount of such Lender’
s Canadian Revolving Credit Commitment
at such time (or, if the Canadian Revolving Credit Commitments shall have been terminated pursuant to Section 2.05 or 6.01 , such Lender’
s
Canadian Revolving Credit Commitment as in effect immediately prior to such termination) and the denominator of which is the aggregate amount
of all Canadian Revolving Credit Commitments at such time (or, if the Canadian Revolving Credit Commitments shall have been terminated
pursuant to Section 2.05 or 6.01
, the aggregate amount of all Canadian Revolving Credit Commitments as in effect immediately prior to such
termination) and (c) with respect to any Term Lender at any time, the product of such amount times
a fraction the numerator of which is the sum of
(i) the amount of such Lender’s unused Term Commitment (if any) at such time plus
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