LIBOR means the ICE Benchmark Settlement Rate, as published by Bloomberg (or, if unavailable for any reason by Bloomberg, then by reference to another commercially available source providing quotations of the ICE Benchmark Settlement Rate, such as Reuters) for deposits in U.S. dollars.
Majority Lenders means Lenders holding greater than 50% of the then aggregate unpaid principal amount of the Advances or, if no Advances are outstanding, Lenders having greater than 50% of the total Commitments; provided that if any Lender shall be a Defaulting Lender at such time, there shall be excluded from the determination of Majority Lenders at such time the Commitments of such Lender at such time.
Maturity Date means the date that is the two-year anniversary of the date hereof.
Moodys means Moodys Investor Services, Inc.
Non-Consenting Lender means any Lender that does not approve any consent, waiver or amendment that (a) requires the approval of all or all affected Lenders in accordance with the terms of Section 8.1 and (b) has been approved by the Majority Lenders.
Non-Defaulting Lender means, at any time, a Lender that is not a Defaulting Lender.
Note means a promissory note of the Company payable to the order of any Lender, in substantially the form of Exhibit A, evidencing the indebtedness of the Company to such Lender resulting from the Advances made by such Lender.
Notice of Borrowing has the meaning specified in Section 2.2(a).
OECD means the Organization for Economic Cooperation and Development.
Parent Company means, with respect to a Lender, the bank holding company (as defined in Federal Reserve Board Regulation Y), if any, of such Lender, and/or any Person owning, beneficially or of record, directly or indirectly, a majority of the shares of such Lender.
Person means an individual, partnership, corporation (including a business trust), limited liability company, joint stock company, trust, unincorporated association, joint venture or other entity, or a government or any political subdivision or agency thereof.
Property, Plant and Equipment means any item of real property, or any interest therein, buildings, improvements and machinery.
Proposed Increased Commitment has the meaning specified in Section 2.20(a).
Register has the meaning specified in Section 2.21(c).
Related Parties means, with respect to any Person, such Persons Affiliates and the partners, directors, officers, employees, agents, trustees, administrators, managers, advisors and representatives of such Person and of such Persons Affiliates.
Request for Alteration means a document substantially in the form of Exhibit D, duly executed by the Company, pursuant to Section 2.20.