LifeLock 2015 Annual Report Download - page 112

“Guarantors” means (a) each Domestic Subsidiary of the Borrower identified as a “Guarantor” on the signature
pages hereto, (b) each other Person that joins as a Guarantor pursuant to Section 7.12, (c) with respect to (i) Obligations
under any Swap Contract between any Loan Party and any Swap Bank that is permitted to be incurred pursuant to Section
8.03(d), (ii) Obligations under any Treasury Management Agreement between any Loan Party and any Treasury
Management Bank and (iii) any Swap Obligation of a Specified Loan Party (determined before giving effect to Sections
4.01 and 4.08) under the Guaranty, the Borrower, and (d) the successors and permitted assigns of the foregoing.
(f) The definition of “Letter of Credit Sublimit” in Section 1.01 of the Credit Agreement is hereby amended to read as
follows:
“Letter of Credit Sublimit” means an amount equal to the lesser of (a) the Aggregate Revolving Commitments and
(b) (i) $2,000,000, until the later of (x) the one
(1) year anniversary of the Litigation Matters Settlement Date, and (y) the date the Loan Parties have obtained court
approval of settlements with at least 50% of the States with States’ Attorneys General Matters, and (ii) thereafter,
$10,000,000. The Letter of Credit Sublimit is part of, and not in addition to, the Aggregate Revolving Commitments.
(g) The definition of “Loan Documents” in Section 1.01 of the Credit Agreement is hereby amended to read as follows:
“Loan Documents” means this Agreement, each Note, each Issuer Document, each Joinder Agreement, any
agreement creating or perfecting rights in Cash Collateral pursuant to the provisions of Section 2.14 of this Agreement, the
Collateral Documents, the Fee Letter and any other document or agreement which the Loan Parties and the applicable
counterparties thereto designate to be a “Loan Document.”
(h) The definition of “Obligations” in Section 1.01 of the Credit Agreement is hereby amended to read as follows:
“Obligations” means all advances to, and debts, liabilities, obligations, covenants and duties of, any Loan Party
arising under any Loan Document or otherwise with respect to any Loan or Letter of Credit, whether direct or indirect
(including those acquired by assumption), absolute or contingent, due or to become due, now existing or hereafter arising
and including interest and fees that accrue after the commencement by or against any Loan Party or any Affiliate thereof of
any proceeding under any Debtor Relief Laws naming such Person as the debtor in such proceeding, regardless of whether
such interest and fees are allowed claims in such proceeding. The foregoing shall also include (a) all obligations under any
Swap Contract between any Loan Party and any Swap Bank that is permitted to be incurred pursuant to Section 8.03(d) and
(b) all obligations under any Treasury Management Agreement between any Loan Party and any Treasury Management
Bank; provided, however, that the “Obligations” of a Guarantor shall exclude any Excluded Swap Obligations with respect
to such Guarantor.
(h) The following definitions are hereby added to Section 1.01 of the Credit Agreement in appropriate alphabetical order
to read as follows:
“Commodity Exchange Act” means the Commodity Exchange Act (7 U.S.C. § 1
).
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