such excess shall constitute Net Cash Proceeds and (D) amounts held in any reserve created for escrow, holdback, indemnity or similar obligations of the Borrower or any of its Subsidiaries
in connection with such Disposition (provided that (1) such amounts held in such reserves shall not exceed 10% of the gross cash proceeds received with respect to such Disposition and (2) such amounts held in such reserves shall constitute
Net Cash Proceeds upon release to, or receipt by, the Borrower or any of its Subsidiaries); provided further that such cash or Cash Equivalents received in connection with any Disposition or Extraordinary Receipt shall only constitute
Net Cash Proceeds under this clause (a) in any fiscal year to the extent that the aggregate amount of such cash and Cash Equivalents received in such fiscal year exceeds $5,000,000 (and solely to the extent of such excess); and
(b) with respect to the incurrence or issuance of any Indebtedness by the Borrower or any of its Subsidiaries, the excess of (i) the sum
of the cash and Cash Equivalents received in connection with such transaction over (ii) the underwriting discounts and commissions, and other reasonable and customary out-of-pocket expenses, incurred by the Borrower or such Subsidiary in
New Notes means the 10.25% Senior Notes due 2020 issued by the Borrower and any notes issued in
connection with any Refinancing Indebtedness thereof to the extent permitted by Section 7.02.
Documents means, collectively, (a) the New Notes, (b) the New Notes Indenture and (c) all other material documents entered into by any Loan Party in connection therewith.
New Notes Indenture means the Indenture dated as of Closing Date, by and between the Borrower and the Notes Trustee, and
any other Indenture governing the New Notes.
New Notes Trustee means U.S. Bank National Association, in its capacity
as trustee under the New Notes Indenture, and any other trustee under any New Notes Indenture.
means any Lender that does not approve any consent, waiver or amendment that (i) requires the approval of all Lenders or all affected Lenders in accordance with the terms of Section 10.01 and (ii) has been approved by the
Non-Defaulting Lender means, at any time, each Lender that is not a Defaulting Lender at such time.
Note means a Term Note or a Revolving Credit Note, as the context may require.
Obligations means all advances to, and debts, liabilities, obligations, covenants and duties of, any Loan Party arising
under any Loan Document or otherwise with respect to any Loan, Letter of Credit, Secured Cash Management Agreement or Secured Hedge Agreement, in each case whether direct or indirect (including those acquired by assumption), absolute or contingent,
due or to become due, now existing or hereafter arising and including interest and fees that accrue after the commencement by or against any Loan Party or any Affiliate thereof of any proceeding under any Debtor Relief Laws naming such Person as the
debtor in such proceeding, regardless of whether such interest and fees are allowed claims in such proceeding; provided that the Obligations shall exclude any Excluded Swap Obligations.