Sprint - Nextel 2015 Annual Report Download - page 302

Customer Leases exceeds 1.00% of the aggregate balance of the Unpaid Balance of all Eligible Leases,
provided , that in the case of a Customer having one or more Affiliate Customers, all such Customers shall be
considered a single Customer;
“ Expected Sales Date ” means, with respect to a Device, the expected sales date of such Device as of the commencement of
the Device Lease, in each case, as specified in the relevant Device Lease Schedule;
“ Final Determination ” means the final resolution of liability for any Lessee Covered Tax, for any issue and for any taxable
period, by or as a result of (i) IRS Form 870-AD (or any similar or successor IRS form) or a comparable form under any
state, local or foreign law on the date of acceptance by or on behalf of the relevant Tax Authority, except that a Form 870-AD
or comparable form that reserves the right of the taxpayer to file a claim for refund and/or the right of the Tax Authority to
assert a further deficiency shall not constitute a Final Determination with respect to the item or items so reserved, (ii) a final
decision, judgment, decree or other order by any court of competent jurisdiction that can no longer be appealed or reheard
(except that a decision of a U.S. Court of Appeals or highest state court shall be considered final notwithstanding the
possibility of an application for a writ of certiorari can be made to the U.S. Supreme Court, unless such a writ has been
applied for and granted), (iii) a closing agreement or similar agreement entered into with a Tax Authority in connection with
an administrative or judicial proceeding, (iv) an allowance of a refund or credit in respect of an overpayment of Tax, but only
after the expiration of all periods of limitations during which such refund or credit may be recovered by the jurisdiction
imposing the Tax, (v) any other final resolution, including by reason of the expiration of the applicable period of limitations
or the execution of a pre-filing agreement with the applicable Tax Authority, or (vi) the occurrence of any event which the
Servicer and Lessor agree in writing is a Final Determination;
“ Final Settlement Date ” means 28 February 2018 unless Lessees, Lessor, the Senior Agent (to the extent any Senior Loans
are outstanding) and the Senior Subordinated Loan Creditor (to the extent any Senior Subordinated Loans are outstanding)
agree on a different date;
“ Finance Parties ” has the meaning given to that term in the Servicing Agreement;
“ First Step Transfer Agreement ” means the Amended and Restated First Step Transfer Agreement (Tranche 1), dated as
of the date hereof and effective as of the Amendment Closing Date among Lessees and each other Person party thereto as an
Originator;
“ GAAP ” means, generally accepted accounting principles in the United States of America;
“ Governmental Authority ” means any federal, state, regional or local government or political subdivision thereof and any
Person exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government;
“ Grade A ” means with respect to a Device, such Device is like new.