Nautilus 2005 Annual Report Download - page 95
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“Restricted Payment”
shall mean, with respect to any Company, any amount paid by such Company in repayment, redemption, retirement
or repurchase, directly or indirectly, of any Subordinated Indebtedness.
“Revolving Credit Commitment” shall mean the obligation hereunder, during the Commitment Period, of (a) each Lender to make
Revolving Loans up to the Maximum Amount for such Lender, (b) the Fronting Lender to issue and each Lender to participate in Letters of
Credit pursuant to the Letter of Credit Commitment, and (c) the Swing Line Lender to make and each Lender to participate in Swing Loans
pursuant to the Swing Line Commitment.
“Revolving Credit Exposure” shall mean, at any time, the sum of (a) the aggregate principal amount of all Revolving Loans outstanding,
(b) the Swing Line Exposure, and (c) the Letter of Credit Exposure.
“Revolving Credit Note” shall mean a Revolving Credit Note executed and delivered pursuant to Section 2.4(a) hereof.
“Revolving Loan” shall mean a Loan granted to Borrower by the Lenders in accordance with Section 2.2(a) hereof.
“SEC” shall mean the United States Securities and Exchange Commission, or any governmental body or agency succeeding to any of its
principal functions.
“Secured Obligations” shall mean, collectively, (a) the Obligations, and (b) all obligations and liabilities of the Companies owing to
Lenders under Hedge Agreements.
“Securities Account Control Agreement” shall mean each Securities Account Control Agreement among a Credit Party, Agent and a
broker, substantially in the form of the attached Exhibit K , executed and delivered to Agent, for the benefit of the Lenders on or after the
Closing Date, as the same may from time to time be amended, restated or otherwise modified or replaced.
“Security Agreement” shall mean each Security Agreement, substantially in the form of the attached Exhibit G , executed and delivered
by Borrower and each Guarantor of Payment in favor of Agent, for the benefit of the Lenders, dated as of the Closing Date, and any other such
Security Agreement executed on or after the Closing Date, for the benefit of the Lenders, as the same may from time to time be amended,
restated or otherwise modified or replaced.
“Springing Security Documents” shall mean each Security Agreement, each Pledge Agreement, each Control Agreement, each
Landlord’s Waiver and any other document pursuant to which any Lien is granted by a Company to Agent, for the benefit of the Lenders, as
security for the Secured Obligations, or any part thereof, and each other agreement executed in connection with any of the foregoing, as any of
the foregoing may from time to time be amended, restated or otherwise modified or replaced.
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