account (which such reserve account secures the
Non-Recourse
Debt that is the source of the amounts therein) so long as the proceeds in such reserve
account are designated to pay construction costs or debt service during construction or, if excess proceeds remain in such account after completion of construction of the relevant project, to redeem the
Non-Recourse
Debt secured thereby and (ii) any amounts of cash pledged to collateralized letters of credit arrangements.
Restricted Investment
means any Investment other than a Permitted Investment.
Restricted
Subsidiary
means any Subsidiary of the Company, including any Excluded Project Subsidiary, other than an Unrestricted Subsidiary.
Sale/Leaseback Transaction
means an arrangement relating to property now owned or hereafter acquired whereby the Company or a Restricted
Subsidiary transfers such property to a Person (other than the Company or any of its Subsidiaries) and the Company or a Restricted Subsidiary leases it from such Person.
SEC
means the United States Securities and Exchange Commission.
Secured
Indebtedness
means any Indebtedness of the Company or any of its Restricted Subsidiaries secured by a Lien.
Securities Act
means the Securities Act of 1933, as amended, and the rules and regulations of the SEC promulgated thereunder.
Senior Credit
Facility
means the Second Amended and Restated Credit and Guaranty Agreement, dated as of August 21, 2018, among Covanta Energy, LLC, as borrower, the Company, as guarantor, certain subsidiaries of Covanta Energy, LLC, as guarantors,
the various lenders party thereto, Bank of America, N.A., as administrative agent, collateral agent and issuing bank, Crédit Agricole Corporate and Investment Bank, JPMorgan Chase Bank, N.A., Citizens Bank, N.A., MUFG Union Bank, N.A. and
Sumitomo Mitsui Banking Corporation, as
co-syndication
agents, and TD Bank, N.A., Capital One, National Association, Cobank, ACB and Compass Bank, as
co-documentation
agents, as the same may be amended, restated, modified, renewed, refunded, replaced or refinanced in whole or in part from time to time (including increasing the amount loaned thereunder,
provided
that such additional Indebtedness is Incurred
in accordance with the covenant described under Certain covenantsLimitation on indebtedness);
provided
that a Senior Credit Facility shall not relate to Indebtedness that does not consist exclusively of Pari Passu
Indebtedness.
Senior Management
means the Chief Executive Officer, the Chief Financial Officer or the Treasurer of the Company.
Significant Subsidiary
means any Restricted Subsidiary that would be a Significant Subsidiary of the Company within the
meaning of
Rule 1-02
under
Regulation S-X
promulgated by the SEC.
Similar Business
means any business conducted or proposed to be conducted by the Company and its Restricted Subsidiaries on the Issue Date or any business that is similar, reasonably related,
incidental or ancillary thereto.
Standard Securitization Undertakings
means representations, warranties, covenants and indemnities
entered into by the Company or any Restricted Subsidiary that are reasonably customary in securitization of Qualified Receivables Transactions.
Stated Maturity
means, with respect to any security, the date specified in the agreement governing or certificate relating to such Indebtedness
as the fixed date on which the final payment of principal of such security is due and payable, including pursuant to any mandatory redemption provision, but shall not include any contingent obligations to repay, redeem or repurchase any such
principal prior to the date originally scheduled for the payment thereof.
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