Kodak 2011 Annual Report Download - page 169

“ ISP ” means, with respect to any Letter of Credit, the “International Standby Practices 1998”
published by the Institute of International
Banking Law & Practice, Inc. (or such later version thereof as may be in effect at the time of issuance).
“ Issuance ” with respect to any Letter of Credit means the issuance, amendment, renewal or extension of such Letter of Credit.
“ Issuing Bank ”
means an Initial Issuing Bank, any Eligible Assignee to which a portion of the Letter of Credit Commitment hereunder
has been assigned pursuant to Section 9.08
or any other Lender (or an Affiliate thereof) so long as such Eligible Assignee or Lender (or Affiliate
thereof) expressly agrees to perform in accordance with their terms all of the obligations that by the terms of this Agreement are required to be
performed by it as an Issuing Bank and notifies the Agent of its Applicable Lending Office (which information shall be recorded by the Agent in
the Register), for so long as such Initial Issuing Bank, Eligible Assignee or Lender (or Affiliate thereof), as the case may be, shall have a Letter of
Credit Commitment.
“ Kodak Limited ” means Kodak Limited, a company with limited liability organized under the laws of England and Wales.
“ Landlord Lien Waiver ”
means a written agreement that is reasonably acceptable to the Agent, pursuant to which a Person shall waive or
subordinate its rights (if any, that are or would be prior to the Liens granted to the Agent for the benefit of the Lenders under the Loan Documents
or the Orders) and claims as landlord, warehouseman or consignee, as applicable in any Inventory or Equipment of a Loan Party for unpaid rents
and other charges, grant access to the Agent for the repossession and sale of such Inventory or Equipment and make other customary agreements
relative thereto.
“ L/C Cash Deposit Account ”
means an interest bearing cash deposit account to be established and maintained by the Agent, over which
the Agent, as provided in Section 6.03 , shall have sole dominion and control, upon terms as may be satisfactory to the Agent.
“ L/C Related Documents ” has the meaning specified in Section 2.06(b)(i) .
“ Lender Insolvency Event ”
means that (i) a Lender or its Parent Company is insolvent, or is generally unable to pay its debts as they
become due, or admits in writing its inability to pay its debts as they become due, or makes a general assignment for the benefit of its creditors, or
(ii) such Lender or its Parent Company is the subject of a bankruptcy, insolvency, reorganization, liquidation, winding up or similar proceeding, or
a receiver, interim receiver, trustee, conservator, intervenor or sequestrator or the like has been appointed for such Lender or its Parent Company,
or such Lender or its Parent Company has taken any action in furtherance of or indicating its consent to or acquiescence in any such proceeding or
appointment.
“ Lenders ”
has the meaning in the introductory paragraph hereto, and shall include each Issuing Bank and each Person that shall become
a party hereto pursuant to Section 8.07 .
“ Letter of Credit ” means a US Letter of Credit.
“ Letter of Credit Agreement ” has the meaning specified in Section 2.03(a) .
“ Letter of Credit Commitment ” means a US Letter of Credit Commitment.
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