Capital Lease Obligation means, at the time any determination thereof is to be made, the
amount of the liability in respect of a capital lease that would at that time be required to be capitalized on a balance sheet in accordance with U.S. GAAP as in effect on the date of the senior indenture.
Consolidated Net Assets means the consolidated total assets of the Issuer and its subsidiaries as reflected in its most recent balance
sheet prepared in accordance with U.S. GAAP as in effect at the time of such determination, less (a) all current liabilities (excluding any notes and loans payable, current maturities of long-term debt, the current portion of deferred revenue
and obligations under capital leases) and (b) acquisition-related intangible assets in accordance with U.S. GAAP in effect at the time of such determination. Consolidated Net Assets includes goodwill of the Issuer and its subsidiaries.
Funded Debt means, as of any date of determination, the Issuers indebtedness or the indebtedness of a subsidiary maturing by its
terms more than one year after its creation and indebtedness classified as long-term debt under U.S. GAAP as in effect on the date of the senior indenture, and in each case ranking at least pari passu with the senior debt securities.
indebtedness means, with respect to any specified Person, any indebtedness of such Person, whether or not contingent:
1) in respect of borrowed money;
2) evidenced by bonds, notes,
debentures or similar instruments or letters of credit (or reimbursement agreements in respect thereof); and
3) in respect of Capital Lease Obligations.
In addition, the term indebtedness includes (x) all indebtedness (as defined above) of others secured by a Lien on any asset of the
specified Person (whether or not such indebtedness is assumed by the specified Person), provided that the amount of such indebtedness will be the lesser of (A) the fair market value of such asset at such date of determination and
(B) the amount of such indebtedness, and (y) to the extent not otherwise included, the guarantee by the specified Person of any indebtedness (as defined above) of any other Person.
Lien means, with respect to any asset, any mortgage, lien, pledge, charge, security interest or encumbrance of any kind in respect of such
asset, whether or not filed, recorded or otherwise perfected under applicable law, including any conditional sale or other title retention agreement.
Original Issue Discount Security means any debt security which provides for an amount less than the principal amount thereof to be due and
payable upon a declaration of acceleration of maturity thereof pursuant to the senior indenture.
Person means any individual,
corporation, partnership, limited liability company, joint venture, joint-stock company, association, trust, unincorporated organization or government or any agency or political subdivision of a government or governmental agency.
Principal Property means any single parcel of real property or any permanent improvement thereon (i) owned by the Issuer or any of its
subsidiaries located in the United States, including the Issuers principal corporate office, any manufacturing facility or plant or any portion thereof and (ii) having a book value, as of the date of determination, in excess of 3% of the
most recently calculated Consolidated Net Assets. Principal Property does not include any property that the Issuers board of directors has determined not to be of material importance to the business conducted by the Issuer and its
subsidiaries, taken as a whole. As of the date of this prospectus, none of the Issuers current properties or those of its subsidiaries constitutes a Principal Property.
Principal Subsidiary means any direct or indirect subsidiary of the Issuer that owns a Principal Property.
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