Grantor under any ABL Loan Document, Term Loan Document or Notes Document include the obligations to pay principal, reimbursement obligations under letters of credit, interest (including all interest, fees and expenses that, but for the filing of a petition in bankruptcy with respect to any Grantor, would have accrued on any such obligations, whether or not a claim therefor is allowed or allowable against such Grantor in such bankruptcy proceeding) or premium on any Indebtedness, letter of credit commissions (if applicable), charges, expenses, fees, yield maintenance (including Yield Maintenance Fees (if applicable)), Exit Fees (if applicable), premiums (including Call Premium (if applicable)), attorneys fees and disbursements, indemnities, and other amounts payable by such Grantor to reimburse any amount in respect of any of the foregoing that any ABL Secured Party, any Term Loan Secured Party or any Notes Secured Party, in each case in its sole discretion, many elect to pay or advance on behalf of such Grantor.
Parent shall have the meaning set forth in the recitals to this Agreement.
Patent shall have the meaning set forth in each of the Specified Collateral Documents in effect on the date hereof (whether or not such agreements are then in effect).
Person shall mean an individual, partnership, corporation, limited liability company, business trust, joint stock company, trust, unincorporated association, joint venture, governmental authority or other entity of whatever nature.
Plan shall mean any plan of reorganization, plan of liquidation, agreement for composition, or other type of plan of arrangement proposed in or in connection with any Insolvency Proceeding under the Bankruptcy Code or any other Debtor Relief Laws.
Pledged Collateral shall mean the Common Collateral in the possession of the ABL Agent (or its agents or bailees), the Term Loan Agent (or its agents or bailees), or the Notes Agent (or its agents or bailees), to the extent that possession thereof perfects a Lien thereon under the Uniform Commercial Code or other applicable law.
Prepayment Account shall have the meaning give to the term in the Term Loan Credit Agreement as of the date hereof.
Refinance shall mean, in respect of any Indebtedness, to refinance, extend, renew, retire, defease, amend, modify, supplement, amend and restate, restructure, replace, refund or repay, or to issue other Indebtedness in exchange or replacement for, such Indebtedness in whole or in part. Refinanced and Refinancing shall have correlative meanings.
Reinvestment Account shall have the meaning give to the term in the Term Loan Credit Agreement as of the date hereof.
Required Lenders shall mean, with respect to any Credit Agreement, those Lenders (as defined under the applicable Credit Agreement) the approval of which is required to approve an amendment or modification of, termination or waiver of any provision of or consent to any departure from such Credit Agreement (or would be required to effect such consent under this Agreement if such consent were treated as an amendment of the Credit Agreement).1
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Note to Draft: Voting mechanics for the NPA to be reflected upon receipt.