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SEC Filings

SC 13D
ALLEN PAUL G filed this Form SC 13D on 11/22/1999
Entire Document
 
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                  "Investment" shall mean any Initial Investment and any
          Exchange Investment.

                  "Lead Arranger" shall have the meaning provided in the
          preamble.

                  "Lenders" shall have the meaning provided in the preamble
          hereto.

                  "Lien" shall mean any mortgage, pledge, hypothecation,
          assignment, deposit arrangement, encumbrance, lien (statutory or
          other), charge or other security interest or any preference, priority
          or other security agreement or preferential arrangement of any kind or
          nature whatsoever (including, without limitation, any conditional sale
          or other title retention agreement and any Financing Lease having
          substantially the same economic effect as any of the foregoing).

                  "Loan" shall have the meaning provided in Section 2.1.

                  "Loan Documents" shall mean this Agreement, the Stock Pledge
          Agreement, the Control Agreement and any Net Worth Agreement.

                  "Loan Parties" shall mean the collective reference to the
          Borrower and the Guarantor.

                  "Majority Lenders" shall mean at any time, the holders of more
          than 50% of (a) until the Funding Date, the Commitments then in effect
          and (b) thereafter, the aggregate unpaid principal amount of each
          Lender's Loan then outstanding.

                  "Market Value" shall mean (a) (i) with respect to any
          marketable security quoted on the Nasdaq National Market, the last
          reported sale price on the Nasdaq National Market on the Business Day
          immediately preceding the date of determination or, if no such
          reported sale takes place on such immediately preceding Business Day,
          then the average of the last reported bid and asked prices on such
          immediately preceding Business Day or, if such average of the last
          reported bid and asked prices cannot be determined, then as determined
          by the Administrative Agent in good faith and furnished to the
          Borrower upon request and (ii) with respect to any marketable security
          listed or admitted to trading on the New York Stock Exchange or the
          American Stock Exchange, the last reported sale price of such security
          on the New York Stock Exchange or the American Stock Exchange, as the
          case may be, on the Business Day immediately preceding the date of
          determination, or, if no such reported sale takes place on such
          immediately preceding Business Day, the average of the last reported
          bid and asked prices for such security on the New York Stock Exchange
          or the American Stock Exchange, as the case may be, on such
          immediately preceding Business Day or, if such average of the last
          reported bid and asked prices cannot be determined, then as determined
          by the Administrative Agent in good faith and furnished to the
          Borrower upon request and (b) with respect to Cash and Cash
          Equivalents at any date of determination thereof, the value thereof
          determined in a manner reasonably acceptable to the Administrative
          Agent.


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