LifeLock 2015 Annual Report Download - page 113

“Ebarle Class Action Lawsuit” means the lawsuit styled        
        3:15-cv-00258-HSG currently pending in the United States
District Court for the Northern District of California.
“Excluded Swap Obligation” means, with respect to any Guarantor, any Swap Obligation if, and to the extent that,
all or a portion of the Guaranty of such Guarantor of, or the grant under a Loan Document by such Guarantor of a security
interest to secure, such Swap Obligation (or any Guarantee thereof) is or becomes illegal under the Commodity Exchange
Act (or the application or official interpretation thereof) by virtue of such Guarantor’s failure for any reason to constitute an
“eligible contract participant” as defined in the Commodity Exchange Act (determined after giving effect to Section 4.08
and any and all guarantees of such Guarantor’s Swap Obligations by other Loan Parties) at the time the Guaranty of such
Guarantor, or grant by such Guarantor of a security interest, becomes effective with respect to such Swap Obligation. If a
Swap Obligation arises under a Master Agreement governing more than one Swap Contract, such exclusion shall apply to
only the portion of such Swap Obligation that is attributable to Swap Contracts for which such Guaranty or security interest
is or becomes illegal.
“FTC Contempt Action ” means the contempt motion filed in the lawsuit styled    
, 2:10-cv-00530-MHM currently pending in the United States District Court for the District of Arizona.
“First Amendment Effective Date” means November 6, 2015.
“Litigation Matters” means the FTC Contempt Action, the Ebarle Class Action Lawsuit, the States’ Attorneys
General Matters and that certain lawsuit styled , Case No. 2:15-cv-01398-SRB currently pending in the
United States District Court for the District of Arizona.
“Litigation Matters Escrow Date” means the date the settlement in principal in each of the FTC Contempt Action
and Ebarle Class Action Lawsuit has been reached, settlement documentation has been executed by the applicable parties
(provided that such settlements may still be subject to approval by the applicable courts) and cash sufficient to pay such
settlements in full upon applicable court approval has been escrowed in a manner satisfactory to the Administrative Agent.
“Litigation Matters Settlement Date” means the date on which the applicable courts have approved the settlement
agreements for both the FTC Contempt Action (after approval by the Federal Trade Commission but excluding, for the
avoidance of doubt, resolution of any potential States’ Attorneys General Matters) and the Ebarle Class Action.
“Master Agreement” has the meaning specified in the definition of “Swap Contract.”
“Qualified ECP Guarantor” means, at any time, each Loan Party with total assets exceeding $10,000,000 or that
qualifies at such time as an “eligible contract participant” under the Commodity Exchange Act and can cause another
Person to qualify as an
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