Coach 2013 Annual Report Download - page 222

(ii) “Association” means the ERY Facility Airspace Parcel Owners’ Association and it successors in interest.
(iii) “Building Loan Agreement” means that certain Building Loan and Security Agreement covering the Property dated between Legacy
Yards Tenant LLC, as Borrower, Starwood Property Mortgage, L.L.C. as Note A1 Lender, Coach Legacy Yards Lender LLC, as Note A-2
Lender, and Starwood Property Mortgage, L.L.C., as Administrative Agent, as the same may be amended, modified and/or restated from
time to time.
(iv) “Building Loan Mortgage” has the meaning set forth in the Building Loan Agreement.
(v) “Coach” means Coach, Inc., a Maryland corporation, and its successors whether by way of merger, sale of assets,
reincorporation, consolidation, recapitalization, liquidation, amalgamation, business combination or similar transaction, however
structured or effectuated.
(vi) “Coach Affiliate” means Coach or any Affiliate of Coach.
(vii) “Coach Office Competitors” means the entities set forth on the list annexed hereto as Exhibit F and made a part hereof, which list
may be updated by Coach from time to time but no earlier than the third (3 rd) anniversary of the date the Declaration is recorded with the
New York City Register (“Declaration Date”) and thereafter at no time more frequently than once every three years, provided that (A) such
list shall at no time include more than fifteen (15) named competitors, (B) such list, together with the list of Coach Retail Competitors
referred to in Section 7(a)(viii) hereof, shall at no time contain more than twenty one (21) named competitors in the aggregate, (C) any such
update of the list shall not apply (1) to any prospective tenant with which the Unit Owner of the Retail Unit, Office Unit 2A, Office Unit
2B, or Office Unit 3 is in active negotiation at the time of such update and who was not set forth on the list prior to such update, or (2) to
any existing tenant of the Retail Unit, Office Unit 2A, Office Unit 2B, or Office Unit 3 at the time of such update (provided, that such
tenant was not on such list at the time the Unit Owner first entered into a lease with such tenant), and (D) any update of the list shall only
include retailers comparable in reputation to Coach or to the competitors then listed on the list of Coach Retail Competitors or the list of
Coach Office Competitors. For the avoidance of doubt, L’Oreal and its Affiliates shall not be deemed to be a Coach Office Competitor.
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