accordance with Financial Accounting Standards Board Statements Nos. 87 and
106, deferred payment obligations with respect to pension plans and post
"Consolidated Senior Leverage Ratio" means, at any date, the ratio of
(i) Consolidated Total Senior Debt to (ii) Annualized Quarterly Combined
Operating Cash Flow.
"Consolidated Subsidiary" means, with respect to any Person, at any
date, any subsidiary or other entity the accounts of which would be consolidated
with those of such Person in its consolidated financial statements if such
statements were prepared as of such date; unless otherwise specified,
"Consolidated Subsidiary" means a Consolidated Subsidiary of the Borrower.
"Consolidated Total Senior Debt" means, as of any date, the aggregate
amount of all Indebtedness of the Borrower and its Consolidated Subsidiaries,
determined on a consolidated basis at such date.
"Control" means the possession, directly or indirectly, of the power
to direct or cause the direction of the management or policies of a Person,
whether through the ability to exercise voting power, by contract or otherwise.
"Controlling" and "Controlled" have meanings correlative thereto.
"Copyright Act" means the Copyright Act of 1976, as amended from time
"Default" means any event or condition which constitutes an Event of
Default or which upon notice, lapse of time or both would, unless cured or
waived, become an Event of Default.
"Deferred Reinvestment Deposits" means deposits of proceeds with a
"qualified intermediary," "qualified escrow account," "qualified trust" or
similar person or arrangement for purposes of facilitating a like-kind exchange
under Section 1031 (or any successor provision) of the Code and regulations
"Deferred Reinvestment Swap" means an Asset Sale all of the proceeds of
which are applied to fund a Deferred Reinvestment Deposit.
"dollars" or "$" refers to lawful money of the United States of
"Effective Date" means the date on which the conditions specified in
Section 4.01 are satisfied (or waived in accordance with Section 9.02).