Fee Letter means any Fee Letter executed and delivered by any Loan Party in favor of the Administrative Agent, the Arranger, the Lenders, the Issuing Bank or any of them, in connection with any Loan Document, including any amendment, modification, Borrowing Base increase, waiver or consent to this Agreement or any other Loan Document.
Financial Officer means, for any Person, the chief executive officer, the chief financial officer, principal accounting officer, treasurer or controller of such Person. Unless otherwise specified, all references herein to a Financial Officer means a Financial Officer of the Borrower.
Financial Statements means the financial statement or statements of the Borrower and its Consolidated Subsidiaries referred to in Section 7.04(a).
First Out Obligations shall mean all Obligations (including, without limitation, any obligations in respect of a Secured Swap Agreement), other than the Term Loan Obligations.
First Out Secured Parties shall mean each of the Secured Parties (including each of the Swap Lenders that is party to any Secured Swap Agreement), other than the Term Loan Secured Parties.
Foreign Lender means (a) if the Borrower is a U.S. Person, a Lender that is not a U.S. Person, and (b) if the Borrower is not a U.S. Person, a Lender that is resident or organized under the laws of a jurisdiction other than that in which the Borrower is resident for tax purposes.
Foreign Subsidiary means any Subsidiary that is not a Domestic Subsidiary.
Fronting Exposure means, at any time there is a Defaulting Lender, with respect to the Issuing Bank, such Defaulting Lenders Applicable Percentage of the outstanding LC Exposure with respect to Letters of Credit issued by such Issuing Bank other than LC Exposure as to which such Defaulting Lenders participation obligation has been reallocated to other Lenders or Cash Collateralized in accordance with the terms hereof.
Fund means any Person (other than a natural Person) that is (or will be) engaged in making, purchasing, holding or otherwise investing in commercial loans and similar extensions of credit in the ordinary course of its activities.
GAAP means generally accepted accounting principles in the United States of America as in effect from time to time subject to the terms and conditions set forth in Section 1.05.
Governmental Authority means the government of the United States of America, any other nation or any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government (including any supra-national bodies such as the European Union or the European Central Bank).
Governmental Requirement means any law, statute, code, ordinance, order, determination, rule, regulation, judgment, decree, injunction, franchise, permit, certificate, license, authorization or other directive or requirement, whether now or hereinafter in effect, including, without limitation, Environmental Laws, energy regulations and occupational, safety and health standards or controls, of any Governmental Authority.
Guarantors means (a) the Parent, (b) each Subsidiary of the Borrower that guarantees or is required to guarantee the Obligations hereunder (including pursuant to Sections 6.01 and 8.14(b)) other than, for the avoidance of doubt, the Excluded Subsidiary, and (c) each other Person that guarantees the Obligations.