Mondelez 2012 Annual Report Download - page 118

“ Butterfly Determination Time ” means the time immediately before the transfer by the Vendor of all of the issued and outstanding shares of
the Purchaser to 1681762 Alberta ULC (referred to in the Tax Ruling as “TSub”), as described in Paragraph 89 of the Tax Ruling.
“ Butterfly Percentage ” means the proportion, expressed as a percentage, that the net fair market value of the business property transferred
indirectly by the Vendor to Mondelez Canada Holdings ULC (referred to in the Tax Ruling as “TCo”), as described in paragraph 89 of the Tax
Ruling, is of the net fair market value of all the business property of the Vendor, determined (i) at the Butterfly Determination Time, and
(ii) using the principles set out in paragraphs 82 to 84 of the Tax Ruling (including allocating and deducting, in the manner described in
paragraphs 82 and 84, the amount of the liabilities assumed by the Purchaser hereunder).
“ Cadbury Bonds Guarantee ” means the guarantee dated December 1, 2003 made by Cadbury Beverages Canada Inc. (now Kraft Canada
Inc.), jointly and severally with Cadbury Schweppes Public Company Limited and Cadbury Schweppes Finance P.L.C., in favour of each holder
of a note issued pursuant to the indenture dated as of September 29, 2003 between Cadbury Schweppes US Finance LLC, Cadbury Schweppes
Public Company Limited, Cadbury Schweppes Finance P.L.C. and JPMorgan Chase Bank, as such indenture has been supplemented by a first
supplemental indenture dated as of September 29, 2003, a second supplemental indenture dated as of December 1, 2003 and a third supplemental
indenture dated as of October 6, 2010, and as it may be further supplemented or amended from time to time.
“ Canadian Grocery Assets ” means all Assets of the Vendor that constitute GroceryCo Assets, including those listed or described on Schedule
2.02, but in all cases save and except for the Canadian Snack Assets.
“ Canadian Grocery Business ” means the business and operations conducted by the Vendor at any time prior to the Effective Time that
constitute part of the GroceryCo Business.
“ Canadian Grocery Liabilities ”
means all Liabilities of the Vendor that constitute GroceryCo Liabilities, including those listed or described in
Section 2.11, but in all cases save and except for the Canadian Snack Liabilities.
“ Canadian Income Tax ” has the meaning ascribed thereto in the Tax Sharing Agreement.
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