Kodak 2011 Annual Report Download - page 179

“ Specified Collateral ” has the meaning specified in the US Security Agreement and in the Canadian Security Agreement.
“ Subsidiary ”
of any Person means any corporation, partnership, joint venture, limited liability company, trust or estate of which (or in
which) more than 50% of (a) the issued and outstanding capital stock having ordinary voting power to elect a majority of the Board of Directors of
such corporation (irrespective of whether at the time capital stock of any other class or classes of such corporation shall or might have voting
power upon the occurrence of any contingency), (b) the interest in the capital or profits of such limited liability company, partnership or joint
venture or (c) the beneficial interest in such trust or estate is at the time directly or indirectly owned or controlled by such Person, by such Person
and one or more of its other Subsidiaries or by one or more of such Person’s other Subsidiaries.
“ Supermajority Revolving Lenders ”
means, at any time, Lenders owed or holding more than 75% in interest of the sum of (a) the
aggregate principal amount of the Revolving Credit Loans outstanding at such time, (b) the aggregate Unused Revolving Credit Commitment at
such time and (c) the aggregate Letter of Credit Obligations at such time (with the aggregate amount of each Lender’
s risk participation and funded
participation in Letter or Credit Obligations being deemed held by such Lender for purposes of this definition); provided , however
, that if any
Lender shall be a Defaulting Lender at such time, there shall be excluded from the determination of Supermajority Revolving Lenders at such time
(A) the aggregate principal amount of the Revolving Loans owing to such Lender (in its capacity as a Lender) and outstanding at such time, (B) the
Unused Revolving Credit Commitment of such Lender at such time and (C) the Letter of Credit Obligations held or deemed held by such Lender at
such time.
“ Superpriority Claim ”
means a claim against any Debtor in any of the Cases which is an administrative expense claim having priority
over any and all administrative expenses of the kind specified in Sections 503(b) or 507(b) of the Bankruptcy Code.
“ Taxes ” has meaning specified in Section 2.14(a) .
“ Term Borrowing ”
means a borrowing consisting of simultaneous Term Loans of the same Type made by the Term Lenders pursuant to
Section 2.01(d) .
“ Term Commitment ” means as to any Term Lender (a) the amount set forth opposite such Lender’s name on Schedule I
hereto as such
Lender’s “Term Commitment”
or (b) if such Lender has entered into an Assignment and Acceptance, the amount set forth for such Lender in the
Register maintained by the Agent pursuant to Section 8.07(e) , as such amount may be reduced pursuant to Section 2.05 .
“ Term Facility ” has the meaning specified in the Introductory Statement.
“ Term Facility Collateral ” means all Collateral of the US Loan Parties other than the Revolving Credit Facility Collateral; provided
that
the Term Facility Collateral and the Revolving Credit Facility Collateral of the US Loan Parties shall include the proceeds of Avoidance Actions
on an equal and ratable basis.
“ Term Facility Termination Date ”
means the date on which all Obligations in respect of the Term Facility (other than contingent
indemnification obligations for which no claim has been made) have been paid in full in cash and no Term Commitments are in effect.
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