Kodak 2011 Annual Report Download - page 165

“ Existing Credit Agreement ”
means that certain Second Amended and Restated Credit Agreement, dated as of April 26, 2011, among
Eastman Kodak Company and Kodak Canada, Inc., as borrowers, the lenders named therein and Bank of America, N.A., as administrative agent
and co-collateral agent, and Citicorp USA, Inc., as co-collateral agent, and the other agents, arrangers and bookrunners party thereto.
“ Existing Debt ” has the meaning set forth in Section 5.02(d)(ii) .
“ Existing Intercreditor Agreement ”
means the Intercreditor Agreement, dated as of March 5, 2010, as amended, among Bank of
America, N.A., (as successor to Citicorp USA, Inc.), as first lien representative, The Bank of New York Mellon, as second lien representative, the
Company and the Subsidiaries of the Company party thereto, as such agreement may be amended, restated, supplemented or otherwise modified
from time to time.
“ Existing Second Lien Debt ” means (a) the Company’
s 9.75% Senior Secured Notes due 2018 outstanding on the Petition Date and (b)
the Company’s 10.625% Senior Secured Notes due 2019 outstanding on the Petition Date.
“ Existing Secured Agreements ” means the agreements set forth on Schedule 1.01(a).
“ Facilities ” means, the Revolving Credit Facility, the Letter of Credit Facility and the Term Facility, and “ Facility ” means any of them.
“ FATCA ” means Sections 1471-1474 of the Code in effect as of the date hereof and Treasury regulations issued thereunder.
“ Federal Funds Rate ”
means, for any day, the rate per annum equal to the weighted average of the rates on overnight Federal funds
transactions with members of the Federal Reserve System arranged by Federal funds brokers on such day, as published by the Federal Reserve
Bank of New York on the Business Day next succeeding such day; provided
that (a) if such day is not a Business Day, the Federal Funds Rate for
such day shall be such rate on such transactions on the next preceding Business Day as so published on the next succeeding Business Day, and (b)
if no such rate is so published on such next succeeding Business Day, the Federal Funds Rate for such day shall be the average rate (rounded
upward, if necessary, to a whole multiple of 1/100 of 1%) charged to the Agent on such day on such transactions as determined by the Agent.
“ Final Order ” has the meaning specified in Section 3.02(b) .
“ Final Order Entry Date ” means the date on which the Final Order is entered by the Bankruptcy Court.
“ First Day Orders ”
means all orders entered by the Bankruptcy Court on, or within five days of, the Petition Date or based on motions
filed on or about the Petition Date.
“ First Lien Cap ” has the meaning specified in the Existing Intercreditor Agreement.
“ FRB ” means the Board of Governors of the Federal Reserve System of the United States.
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