Kodak 2011 Annual Report Download - page 395

“ Collateral ” means “US Collateral” as that term is defined in the DIP Credit Agreement .
“ Company ” has the meaning set forth in the preamble to this Agreement.
“ Default Remedies ” means all rights and remedies of any Secured Party in respect of any Collateral, whether arising pursuant to the DIP Credit
Agreement, the Collateral Documents, the Orders or applicable law, the exercise of which is contingent upon default (however defined); provided ,
however , that, prior to the Revolver Discharge Date, the ACH or wire transfer from a Collection Account to an Agent Sweep Account of ledger or
available, as applicable, cash receipts shall not constitute a Default Remedy.
“ DIP Credit Agreement ” has the meaning set forth in the preamble to this Agreement.
“ Discharge Date ” means the Revolver Discharge Date or the Term Discharge Date, as the context may require.
“ Facilities ” means, collectively, the Revolver Facility and the Term Facility.
“ Grantors ” means, collectively, the Company and each Affiliate of any the Company which grants a Lien pursuant to any Collateral Document.
“ Insolvency or Liquidation Proceeding ” means (a) any voluntary or involuntary proceeding under any bankruptcy, insolvency or similar law
with respect to any Grantor, (b) any voluntary or involuntary appointment of a receiver, trustee, custodian, sequestrator, conservator or similar official for
any Grantor or for a substantial part of the property or assets of any Grantor, (c) any voluntary or involuntary winding-up or liquidation of any Grantor, or
(d) a general assignment for the benefit of creditors by any Grantor.
“ Junior Obligations ” means (i) with respect to any Revolver Collateral of any of the Grantors, the Term Obligations and (ii) with respect to any
Term Facility Collateral of any of the Grantors, the Revolver Obligations.
“ Junior Secured Parties ” means (i) with respect to any Revolver Collateral of any of the Grantors, the Term Secured Parties and (ii) with
respect to any Term Facility Collateral of any of the Grantors, the Revolver Secured Parties.
“ Obligations ” means “US Obligations” as that term is defined in the DIP Credit Agreement.
“ Petition Date ” has the meaning set forth in the preamble to this Agreement.
3