TiVo 2006 Annual Report Download - page 178

ERISA, of a Plan, and an event described in paragraph (9), (10), (11), (12) or (13) of Section 4043(c) of ERISA is reasonably expected to occur with respect
to such Plan within the following 30 days; (b) the application for a minimum funding waiver with respect to a Plan; (c) the provision by the administrator of
any Plan of a notice of intent to terminate such Plan, pursuant to Section 4041(a)(2) of ERISA (including any such notice with respect to a plan amendment
referred to in Section 4041(e) of ERISA); (d) the cessation of operations at a facility of the Company or any ERISA Affiliate in the circumstances described in
Section 4062(e) of ERISA; (e) the withdrawal by the Company or any ERISA Affiliate from a Multiple Employer Plan during a plan year for which it was a
substantial employer, as defined in Section 4001(a)(2) of ERISA; (f) the conditions for imposition of a lien under Section 302(f) of ERISA (or any successor
statute thereto) shall have been met with respect to any Plan; (g) the adoption of an amendment to a Plan requiring the provision of security to such Plan
pursuant to Section 307 of ERISA; or (h) the institution by the PBGC of proceedings to terminate a Plan pursuant to Section 4042 of ERISA, or the
occurrence of any event or condition described in Section 4042 of ERISA that constitutes grounds for the termination of, or the appointment of a trustee to
administer, such Plan.
"Event of Default": As defined in Section 7.01.
"Fee Letter": Means that certain fee letter, dated as of January 25, 2007, between the Company and the Administrative Agent.
"Financial Officer": Means, with respect to any Person, the chief financial officer, principal accounting officer, treasurer, assistant treasurer,
controller or assistant controller of such Person.
"Fiscal Year": A fiscal year of the Company ending on January 31st in any calendar year.
"Foreign Subsidiary": Means a Subsidiary that is organized under the laws of a jurisdiction other than the United States or any state thereof or the
District of Columbia.
"GAAP": United States generally accepted accounting principles, as may be in effect from time to time, applied on a consistent basis.
"Hazardous Materials": (a) Petroleum or petroleum products, by-products or breakdown products, radioactive materials, asbestos-containing
materials, polychlorinated biphenyls and radon gas and (b) any other chemicals, materials or substances designated, classified or regulated as hazardous or
toxic or as a pollutant or contaminant under any Environmental Law.
"Hedge Agreements": Interest rate swap, cap or collar agreements, interest rate future or option contracts, currency swap agreements, currency
future or option contracts and other hedging agreements.
"Insufficiency": With respect to any Plan, the amount, if any, of its unfunded benefit liabilities, as defined in Section 4001(a)(18) of ERISA.
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