“Purchase Money Indebtedness” means Indebtedness (including Capitalized Lease Obligations) (1) consisting of the deferred purchase price of property, conditional sale obligations, obligations under any title retention agreement and other purchase money obligations, in each case where the maturity of such Indebtedness does not exceed the anticipated useful life of the asset being financed, and (2) Incurred to finance the purchase, lease or improvement by any Issuer or a Restricted Subsidiary of such property; provided, however, that such Indebtedness is Incurred within 180 days after such acquisition of such property.

FK Reading Ease
-50.8

FK Grade Level
Graduate School
  • Flag
  • “Trade Payables” means, with respect to any Person, any accounts payable or any other indebtedness or monetary obligation to trade creditors created, assumed or Guaranteed by such Person or any of its Subsidiaries arising in the ordinary course of business in connection with the acquisition of goods or services.
    FK Reading Ease
    -5.2

    FK Grade Level
    Graduate School
  • Flag
  • “Capital Contribution” means, for any Member, the total amount of cash and cash equivalents and the Book Value of any property contributed to the Company by such Member.

    FK Reading Ease
    27.3

    FK Grade Level
    Graduate School
  • Flag
  • “Intellectual Property” means all intellectual property, whether protected, created or arising under the Laws of the United States or any other jurisdiction, and any rights thereunder, remedies against infringements thereof, and rights to protection of interests therein, including:

    (a)            all patents (including utility patents, industrial designs and design patents), shop rights, and applications for any patents, including all continuations, divisions, provisionals and continuations-in-part of, and patents issuing on, such applications, along with all reissues, revisions, renewals, reexaminations and extensions of such patents or patent applications (collectively, “Patents”);

    (b)            all trademarks, service marks, common law trademarks and service marks, trade names, call letters, service names, brand names, jingles, slogans, trade dress rights, corporate names, trade styles, logos and other source or business identifiers and general intangibles of a like nature, together with the goodwill associated with any of the foregoing, along with all applications, registrations, renewals and extensions of the foregoing (collectively, “Marks”);

    (c)            all websites and Internet domain names and registrations of such Internet domain names;

    (d)            software licenses and licenses and sublicenses granted and obtained with respect thereto;

    (e)            all copyrights, copyrightable works and “moral” rights, and all mask work, database and design rights, whether or not registered or published, all registrations and recordations of and all applications in connection with the foregoing, along with all reversions, extensions and renewals of the foregoing (collectively, “Copyrights”);

    (f)             trade secret rights and corresponding rights in confidential and proprietary information and other non-public information (whether or not patentable), including inventions, invention disclosures, improvements, know-how, manufacturing and production processes and techniques, testing information, research and development information, unpatented blueprints, drawings, specifications, plans, proposals and technical data, business and marketing plans, market surveys, market know-how and customer lists and information;

    (g)            all other intellectual property rights arising from or relating to Technology; and

    (h)            all Contracts granting any right relating to or under any of the foregoing.

     

    Intellectual property includes, without limitation, all of those items listed on attached Schedule 2.1(c).

    FK Reading Ease
    -131.8

    FK Grade Level
    Graduate School
  • Flag
  • “Liens” shall mean any of the following items: any mortgage, deed of trust, pledge, hypothecation, security interest, community property interest, equitable interest, right of first refusal, encumbrance, easement, covenant, claim, lien, lease (including any capitalized lease) or charge of any kind, whether voluntarily incurred or arising by operation of Law or otherwise, affecting any assets or property, including any agreement to give or grant any of the foregoing, any conditional sale or other title retention agreement and the filing of or agreement to give any financing statement with respect to any assets or property under the Uniform Commercial Code of the State of Texas or a comparable Law of any jurisdiction.

    FK Reading Ease
    -68.9

    FK Grade Level
    Graduate School
  • Flag
  • Non-Federal Tenant: For the purposes of entry control, employees of non-Federal tenants who occupy other space in a mixed multi-tenant facility. The FSC (and lease agreement) would establish entry control requirements applicable to non-Federal tenants passing through a Federal entry control point (in accordance with established policies).

    FK Reading Ease
    18.4

    FK Grade Level
    Graduate School
  • Flag
  • Acreage: An area, measured in acres, that is subject to ownership or control by those holding total or fractional shares of working interests. Acreage is considered developed when development has been completed. A distinction may be made between "gross" acreage and "net" acreage: Gross - All acreage covered by any working interest, regardless of the percentage of ownership in the interest. Net - Gross acreage adjusted to reflect the percentage of ownership in the working interest in the acreage.
    FK Reading Ease
    36.3

    FK Grade Level
    High School
  • Flag
  • Carrying costs: Costs incurred in order to retain exploration and property rights after acquisition but before production has occurred. Such costs include legal costs for title defense, ad valorem taxes on nonproducing mineral properties, shut-in royalties, and delay rentals.
    FK Reading Ease
    25.8

    FK Grade Level
    College
  • Flag
  • “Immaterial Subsidiaries” shall mean one or more Domestic Subsidiaries designated by the Borrower, for which (a) the assets of all such designated Domestic Subsidiaries constitute, in the aggregate, no more than 10% of the total assets of the Borrower and its Subsidiaries on a consolidated basis (determined as of the last day of the most recent fiscal quarter of the Borrower for which financial statements have been delivered pursuant to Section 5.01), and (b) the revenues of all such designated Domestic Subsidiaries account for, in the aggregate, no more than 10% of the total revenues of the Borrower and its Subsidiaries on a consolidated basis for the twelve-month period ending on the last day of the most recent fiscal quarter of the Borrower for which financial statements have been delivered pursuant to Section 5.01; provided that a Subsidiary will not be considered to be an Immaterial Subsidiary if it (1) directly or indirectly guarantees, pledges any property or assets to secure, or otherwise becomes obligated under any Pari Passu Senior Secured Debt or Junior Secured Debt, or (2) owns (i) any Pacific Routes, Pacific Route Slots, or Pacific Route Gate Leaseholds, or (ii) any other properties or assets that are intended to constitute Collateral under the terms of the Loan Documents (including, without limitation, applicable Additional Collateral). The Immaterial Subsidiaries as of the Closing Date that are not Guarantors on the Closing Date shall be listed on Schedule 1.01(a).
    FK Reading Ease
    -69.2

    FK Grade Level
    Graduate School
  • Flag
  • Transportation means (a) the carriage of persons or property (including services connected therewith) for compensation or hire to or from any place in the United States, or (b) the lease or rental of aircraft, with or without crew.
    FK Reading Ease
    28

    FK Grade Level
    Graduate School
  • Flag