Nautilus 2007 Annual Report Download - page 110

Revolver Commitment : for any Lender, its obligation to make Revolver Loans and to participate in LC Obligations up to the maximum
principal amount shown on Schedule 1.1 , or as hereafter determined pursuant to each Assignment and Acceptance to which it is a party. “
Revolver Commitments ” means the aggregate amount of such commitments of all Lenders. Following the Closing Date, the Revolver
Commitments shall be automatically increased on the date of any repayment of any portion of the Term Loans to include the amount of such
repayment; provided that (i) unless the aggregate Revolver Commitments have been increased pursuant to Section 2.1.7 , the Revolver
Commitments shall not exceed $100,000,000, and (ii) in the event the Revolver Commitments have been increased pursuant to Section 2.1.7 ,
the Revolver Commitments shall not exceed at any time $125,000,000.
Revolver Loan : a loan made pursuant to Section 2.1 , and any Swingline Loan, Overadvance Loan or Protective Advance.
Revolver Note : a promissory note to be executed by Borrowers in favor of a Lender in the form of Exhibit A , which shall be in the
amount of such Lender’s Revolver Commitment and shall evidence the Revolver Loans made by such Lender.
Revolver Termination Date : January 16, 2013.
Royalties : all royalties, fees, expense reimbursement and other amounts payable by a Borrower under a License.
S&P : Standard & Poor’s Ratings Services, a division of The McGraw-Hill Companies, Inc., and its successors.
Secured Parties : Agent, Issuing Bank, Lenders and providers of Bank Products.
Security Documents : the Copyright Security Agreements, Guaranties, Mortgages, Stock Pledge Agreement, Patent Security Agreements,
Trademark Security Agreements, Deposit Account Control Agreements, and all other documents, instruments and agreements now or hereafter
securing (or given with the intent to secure) any Obligations.
Senior Officer : the chairman of the board, president, chief executive officer or chief financial officer of a Borrower or, if the context
requires, an Obligor.
Settlement Report : a report delivered by Agent to Lenders summarizing the Revolver Loans and participations in LC Obligations
outstanding as of a given settlement date, allocated to Lenders on a Pro Rata basis in accordance with their Revolver Commitments.
Solvent
: as to any Person, such Person (a) owns Property whose fair salable value is greater than the amount required to pay all of its debts
(including contingent, subordinated, unmatured and unliquidated liabilities to the extent reasonably likely to become liabilities); (b) owns
Property whose present fair salable value (as defined below) is greater than the probable total liabilities (including contingent, subordinated,
unmatured and unliquidated liabilities to the extent reasonably likely to become liabilities) of such Person as they become absolute and matured;
(c) is able to pay all of its debts as they mature; (d) has capital that is not unreasonably small for its business and is sufficient to carry on its
business and transactions and all business and transactions in which it is about to engage; (e) is not “insolvent” within the meaning of
Section 101(32) of the Bankruptcy Code; and (f) has not incurred (by
27