Nautilus 2009 Annual Report Download - page 286

carcinogenic, or otherwise hazardous and that is or becomes regulated pursuant to any Environmental Law; or (d) without limitation, that
contains gasoline, diesel fuel, or other petroleum products, asbestos, or polychlorinated biphenyls.
“ Indebtedness ” means, with respect to the Person in question, (a) all obligations of such Person for borrowed money or other
extensions of credit, whether secured or unsecured, absolute or contingent, including, without limitation, unmatured reimbursement obligations
with respect to letters of credit, and all obligations representing the deferred purchase price of property, (b) all obligations evidenced by bonds,
notes, debentures, or other similar instruments, (c) all obligations secured by any Lien on property owned or acquired by the Person, (d) that
portion of all obligations arising under leases that is required to be capitalized on the balance sheet of the Person, (e) all Guaranties executed by
such Person, and (f) all other obligations that, in accordance with GAAP, should be included as a liability in the balance sheet of the Person.
“ Interest Period ” means, with respect to each LIBOR Rate Loan, the period commencing on the date of the making or continuation
of or conversion to such LIBOR Rate Loan and ending one, two, three, or six months thereafter (as Borrower may elect in the applicable Notice
of Borrowing or Conversion), provided that:
(a) Any Interest Period (other than an Interest Period determined pursuant to clause (c) below) that otherwise would end on a
day that is not a Business Day shall be extended to the next succeeding Business Day, unless such next succeeding Business Day falls in the next
calendar month, in which case such Interest Period shall end on the immediately preceding Business Day;
(b) Any Interest Period that begins on the last Business Day of a calendar month (or on a day for which there is no
numerically corresponding day in the calendar month at the end of such Interest Period) shall, subject to clause (c) below, end on the last
Business Day of a calendar month; and
(c) Any Interest Period that otherwise would end after the Revolving Credit Facility Maturity Date shall end on the Revolving
Credit Facility Maturity Date.
“ Inventory ” means all inventory (as defined in RCW 62A.9A-102(a)(48), or any successor statute) of Borrower.
“ Investment ” means the purchase or acquisition of any share of Capital Stock, partnership interest, limited liability company
interest, evidence of indebtedness, or other equity security of any other Person (including any Subsidiary or Affiliate), any loan, advance, or
extension of credit (excluding Accounts arising in the ordinary course of business) to, or contribution to the capital of, any other Person
(including any Subsidiary or Affiliate), any securities or commodities futures contracts held, any other investment in any other Person (including
any Subsidiary or Affiliate), and the making of any commitment or acquisition of any option to make an Investment.
“ IP Security Agreements ” means the security agreements referenced in Section 5.1 of this Agreement, and includes any
amendments, extensions, modifications, renewals, replacements, and restatements thereof.
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