Kodak 2011 Annual Report Download - page 180

“ Term Lender ” means, at any time, a Lender with an outstanding Term Loan or a Term Commitment at such time.
“ Term Loan ” has the meaning specified in Section 2.01(d) .
“ Termination Date ”
means the earliest of (a) the Maturity Date, (b) the date of termination in whole of the Commitments pursuant to
Section 2.05 , 6.01 or 8.13(b) , (c) the Prepayment Date and (d) the Consummation Date.
“ Termination Event ”
means (a) the filing of a notice of intent to terminate in whole or in part a Canadian Pension Plan or the treatment
of a Canadian Pension Plan amendment as a termination or partial termination; (b) the institution of proceedings by any governmental or
regulatory authority to terminate in whole or in part or have a trustee or third party administrator appointed to administer a Canadian Pension Plan;
and (c) for the purposes of Section 5.01(g)(x)
only, any other event or condition which would be reasonably likely to constitute grounds for the
termination of, winding up or partial termination or winding up of, or the appointment of a trustee or third party administrator to administer, any
Canadian Pension Plan.
“ Total Outstandings ” means at any time the aggregate Outstandings of all Lenders at such time.
“ Type ” refers to the distinction between Loans bearing interest at the Base Rate and Loans bearing interest at the Eurodollar Rate.
“ UCC ” means the Uniform Commercial Code as in effect in the State of New York; 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 Uniform Commercial Code as in effect in a
jurisdiction other than the State of New York, “ UCC ”
means the Uniform Commercial Code as in effect from time to time in such other
jurisdiction for purposes of the provisions hereof relating to such perfection, effect of perfection or non-perfection or priority.
“ UK Pensions Regulator ” means the Pensions Regulator established in the United Kingdom pursuant to the Pensions Act of 2004.
“ UK Pension Scheme ” means the retirement benefits scheme known as the Kodak Pension Plan.
“ Unissued Letter of Credit Commitment ” means the US Unissued Letter of Credit Commitment.
“ United States ” and “ US ” mean the United States of America.
“ Unused Revolving Credit Commitment ”
means the Canadian Unused Revolving Credit Commitment and/or the US Unused Revolving
Credit Commitment, as the context may require.
“ US Availability Block ” means an amount equal to $25,000,000.
“ US Borrowing Base ”
means, at any time, as to the Company and the US Guarantors, (a) the US Loan Value less (b) applicable
Reserves at such time.
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