MoneyGram 2009 Annual Report Download - page 161

Notwithstanding the foregoing, for the purpose of Section 6.10 only and in order to avoid double counting, there shall be excluded from Consolidated Net
Income any income arising from any sale or other disposition of Investments made by the Borrower and the Borrower Subsidiaries, any repurchases and
redemptions of Investments from the Borrower and the Borrower Subsidiaries, any repayments of loans and advances that constitute Investments by the
Borrower or any Borrower Subsidiary, in each case to the extent such amounts increase clause (iii) of the definition of Basket Amount.
"Consolidated Senior Secured Indebtedness" means, at any time, the sum of indebtedness for borrowed money that is secured by Liens and Capitalized
Lease Obligations, in each case of any Person and its Subsidiaries calculated on a consolidated basis as of such time. For purposes of clarity, (i) the Second
Lien Indebtedness shall constitute Consolidated Senior Secured Indebtedness and (ii) no obligations in respect of Purchase Agreement Equity, whether or not
classified as indebtedness in accordance with GAAP, shall constitute Consolidated Senior Secured Indebtedness.
"Contingent Obligation" is defined in the definition of Indebtedness.
"Contract" is defined in Section 5.3
"Controlled Group" means all members of a controlled group of corporations or other business entities and all trades or businesses (whether or not
incorporated) under common control which, together with Holdco or any of its Subsidiaries, are treated as a single employer under Section 414 of the Code.
"Conversion/Continuation Notice" is defined in Section 2.12.
"Credit Extension" means the making of an Advance or the issuance, amendment, renewal or extension of a Letter of Credit.
"Credit Extension Date" means the Borrowing Date for an Advance or the date of the issuance, amendment (to the extent it increases the amount available
for draw thereunder), renewal or extension of a Letter of Credit.
"D&T Deliverables" means the Satisfactory Audit Opinion and Deloitte & Touche LLP's consent to file the Satisfactory Audit Opinion in Holdco's Annual
Report on Form 10-K.
"Default" means an event described in Article VII.
"Disgorged Recovery" means the portion, if any, of any payment or other distribution received by a Lender in satisfaction of Obligations of a Loan Party to
such Lender, that is required in any Insolvency Proceedings or otherwise to be disgorged, turned over or otherwise paid to such Loan Party, such Loan Party's
estate or creditors of such Loan Party, whether because the transfer of such payment or other property is avoided or otherwise, including, without limitation,
because it was determined to be a fraudulent or preferential transfer.
"Disqualified Institutions" means those banks, financial institutions and other Persons that are competitors of the Borrower and its Subsidiaries or
Affiliates of such competitors and 11