Kodak 2011 Annual Report Download - page 154

“ Cash Collateralize ”
means, in respect of an obligation, provide and pledge (as a first priority perfected security interest) cash collateral
in Dollars, at a location and pursuant to documentation in form and substance reasonably satisfactory to the Agent (and “ Cash Collateralization
”
has a corresponding meaning).
“ Cash Equivalents ”
means any of the following having a maturity of not greater than 12 months from the date of issuance
thereof: (a) readily marketable direct obligations of the Government of the United States or any agency or instrumentality thereof or obligations
unconditionally guaranteed by the full faith and credit of the Government of the United States, (b) certificates of deposit of or time deposits with
any commercial bank that is a Lender or a member of the Federal Reserve System that issues (or the parent of which issues) commercial paper
rated as described in clause (c), is organized under the laws of the United States or any state thereof and has combined capital and surplus of at
least $500,000,000, (c) commercial paper in an aggregate amount of no more than $10,000,000 per issuer outstanding at any time, issued by any
corporation organized under the laws of any state of the United States and rated at least “Prime 1” (or the then equivalent grade) by Moody’s or “
A
1” (
or the then equivalent grade) by S&P or (d) Investments, classified in accordance with GAAP, as current assets of the Company or any of its
Subsidiaries, in money market investment funds having the highest rating obtainable from either Moody’
s or S&P, (e) offshore overnight interest
bearing deposits in foreign branches of the Agent, any Lender or an Affiliate of a Lender, or (f) solely with respect to any Subsidiaries of the
Company not domiciled in the United States, substantially similar investments as described in clauses (a) through (e) above (including as to credit
quality and maturity), denominated in the currency of any jurisdiction in which any such Subsidiary conducts business.
“ Casualty Event ”
shall mean any event that gives rise to the receipt by the Company or any Subsidiary of any insurance proceeds or
condemnation awards in respect of any assets or properties.
“ CCAA ” means the Companies’ Creditors Arrangement Act (Canada).
“ CFC ” means an entity that is a “controlled foreign corporation”
of the Company under Section 957 of the Code or an entity all or
substantially all of the assets of which are CFCs, and any entity which would be a “controlled foreign corporation”
except for any alternate
classification under Treasury Regulation 301.7701-3, or any successor provisions to the foregoing.
“ Chief Restructuring Officer ” has the meaning specified in Section 3.01(q) .
“ Citi Existing Letters of Credit ”
means the letters of credit issued by Citibank, N.A. before the Effective Date and set forth on Schedule
2.01(b).
“ Class ”
means (i) with respect to any Loans, whether such Loans are US Revolving Loans, Canadian Revolving Loans or Term Loans,
(ii) with respect to any Commitments, whether such Commitments are US Revolving Credit Commitments, Canadian Revolving Credit
Commitments or Term Commitments and (iii) with respect to any Lenders, whether such Lenders are US Revolving Lenders, Canadian Revolving
Lenders or Term Lenders.
“ Class Required Lenders ”
means the Required Term Lenders, the Required US Revolving Lenders or the Required Canadian Revolving
Lenders, as the context requires.
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