Urban Outfitters 2016 Annual Report Download - page 128

Administrative Agent or any Lender in connection with this Agreement or the transactions contemplated hereby (excluding any agreement entered into or in
connection with any transaction arising out of any Specified L/C Facility, any other Banking Services or any Swap Obligations). Any reference in this
Agreement or any other Loan Document to a Loan Document shall include all appendices, exhibits or schedules thereto, and all amendments, restatements,
supplements or other modifications thereto, and shall refer to this Agreement or such Loan Document as the same may be in effect at any and all times such
reference becomes operative.
“Loan Guaranty” means Article X of this Agreement.
“Loan Parties” means, collectively, the Borrowers and the Guarantors and any other Person who becomes a party to this Agreement pursuant to a
Joinder Agreement and their successors and assigns, and the term “Loan Party” shall mean any one of them or all of them individually, as the context may
require; provided however, that URBN Puerto Rico Retail LLC, which is anticipated to become an active entity following the Effective Date, shall not be
entitled to receive proceeds of any Borrowings or otherwise be entitled to the benefits of being a Borrower (or Guarantor) or Loan Party unless and until the
Collateral and Guaranty Requirement and each other condition applicable to a Borrower shall have been satisfied to the extent required by the
Administrative Agent as evidenced by the Administrative Agent’s written confirmation thereof to the Borrower Representative after the Effective Date.
“Loans” means the loans and advances made by the Lenders or the Administrative Agent pursuant to this Agreement, including Swingline Loans,
Overadvances and Protective Advances.
“Local Time” means (a) with respect to a Loan or Borrowing denominated in U.S. Dollars or any Letter of Credit, New York City time and (b) with
respect to a Loan or Borrowing denominated in Canadian Dollars, Sterling, Euros or an Alternative Currency, London time.
“Macy’s Account” has the meaning assigned to such term in the definition of “Eligible Trade Accounts”.
“Material Adverse Effect” means a material adverse effect on (a) the business, assets, operations or financial condition of the Company and its
Restricted Subsidiaries taken as a whole, (b) the ability of the Loan Parties, taken as a whole, to perform any of their obligations under the Loan Documents,
(c) the Collateral, or the Administrative Agent’s Liens (on behalf of itself and other Secured Parties) on the Collateral or the priority of such Liens, or (d) the
rights or remedies available to the Administrative Agent, the Issuing Banks or the Lenders under any of the Loan Documents.
“Material Indebtedness” means Indebtedness (other than the Loans and Letters of Credit), or obligations in respect of one or more Swap Agreements, of
any one or more of the Company and its Subsidiaries in an aggregate principal amount exceeding $50,000,000. For purposes of determining Material
Indebtedness, the “principal amount” of the obligations of the Company or any Subsidiary in respect of any Swap Agreement at any time shall be the
maximum aggregate amount (giving effect to any netting agreements) that the Company or such Subsidiary would be required to pay if such Swap
Agreement were terminated at such time.
“Maturity Date” means July 1, 2020, or any earlier date on which the Commitments are reduced to zero or otherwise terminated pursuant to the terms
hereof.
“Maximum Credit Amount” means the lesser of (a) the Aggregate Commitments and (b) the Borrowing Base.
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