Kodak 2011 Annual Report Download - page 178

“ Revolving Loan ” means a Canadian Revolving Loan and/or a US Revolving Loan, as the context may require.
“ S&P ” means Standard & Poor’s, a division of The McGraw-Hill Companies, Inc.
“ Secured Agreements ”
means, to the extent designated as such by the Company in writing to the Agent from time to time in accordance
with Section 7.13
, (a) all agreements and other documents relating to any treasury management services, clearing, corporate credit card and related
services provided to the Company or any of its Subsidiaries and entered into by the Company or any of its Subsidiaries with any Lender or any of
its Affiliates (regardless of whether such Lender subsequently ceases to be a Lender for any reason), (b) all letters of credit issued by a Lender or
any its Affiliates (regardless of whether such Lender subsequently ceases to be a Lender for any reason) for the benefit of the Company or any of
its Subsidiaries (other than Letters of Credit issued hereunder), (c) all agreements evidencing any other obligations of the Company and any of its
Subsidiaries owing to any Lender and its Affiliates, (d) all Hedge Agreements entered into with the Company or any of its Subsidiaries by any
Lender or any of its Affiliates (regardless of whether such Lender subsequently ceases to be a Lender for any reason) and (e) each agreement or
instrument delivered by any Loan Party or Subsidiary of the Company pursuant to any of the foregoing, as the same may be amended from time to
time in accordance with the provisions thereof.
“ Secured Obligations ” means the Canadian Secured Obligations and/or the US Secured Obligations, as the context may require.
“ Secured Parties ” means the Canadian Secured Parties and/or the US Secured Parties, as the context may require.
“ Security Agreements ” means the Canadian Security Agreement and/or the US Security Agreement, as the context may require.
“ Single Class Default ” means (i) an Event of Default resulting from a failure to perform the covenants set forth in Section 5.01(n)
or
5.01(p)
, as to which the applicable Class of Lenders is the Term Lenders, (ii) an Event of Default resulting from a failure to perform the covenants
set forth in Section 2.18 , 5.01(d)(iii) , 5.01(g)(ix) , 5.01(k) or 5.01(m)
, as to which the applicable Class of Lenders is either or both the US
Revolving Lenders and the Canadian Revolving Lenders, as the context may require and (iii) an Event of Default arising under Section 6.02(e)
that
relates solely to a Canadian Loan Party, as to which the applicable Class of Lenders is the Canadian Revolving Lenders, provided
that any such
Event of Default shall cease to be a Single Class Default immediately upon the exercise of remedies pursuant to Section 6.01
by the Lenders of the
applicable Class.
“ Single Employer Plan ”
means a single employer plan, as defined in Section 4001(a)(15) of ERISA, that (a) is maintained for employees
of any Loan Party or any ERISA Affiliate and no Person other than the Loan Parties and the ERISA Affiliates or (b) was so maintained and in
respect of which any Loan Party or any ERISA Affiliate could have liability under Section 4069 of ERISA in the event such plan has been or were
to be terminated.
“ Specified Business Units ” means the Company’s “Consumer” business segment, the Company’s “Commercial”
business segment and
such other businesses of the Company as are agreed by the Agent and the Company.
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