Environmental Claims means any and all obligations, liabilities, losses,
abatements, administrative, regulatory or judicial actions, suits, demands, decrees, claims, liens, judgments, notices of noncompliance or violation, investigations, proceedings, clean-up, removal or remedial
actions or orders, or damages (foreseeable and unforeseeable, including consequential and punitive damages) or penalties relating in any way to any Environmental Law or any Governmental Approval issued under any such Environmental Law, including
(a) any and all Indemnity Claims by any Governmental Authority for enforcement, clean-up, removal, response, remedial or other actions or damages pursuant to any applicable Environmental Law, and
(b) any and all Indemnity Claims by any third party seeking damages, contribution, indemnification, cost recovery, compensation or injunctive relief resulting from Hazardous Substances, the violation or alleged violation of any Environmental
Law or the violation or alleged violation of any Governmental Approval issued thereunder, or arising from alleged injury or threat of injury to human health, safety or the environment.
Environmental Laws means any Applicable Law in effect as of the relevant Loan Closing Date or thereafter, and in each case
as amended, regulating, relating to or imposing obligations, liability or standards of conduct concerning or otherwise relating to (a) pollution, protection of human or animal health or safety or the environment, including flora and fauna, or
Releases or threatened Releases of pollutants, contaminants, chemicals, radiation or industrial, toxic or hazardous substances or wastes, including Hazardous Substances, or (b) the generation, manufacture, processing, distribution, use,
treatment, storage, recycling, disposal, transport, or handling of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or wastes, including Hazardous Substances.
Equipment Replacement Reserve Account has, with respect to any Guaranteed Loan, the meaning ascribed to such term in the
applicable Loan Agreement.
Equipment Replacement Reserve Deposit has, with respect to any Guaranteed Loan, the meaning
ascribed to such term in the applicable Loan Agreement.
Equipment Replacement Reserve Required Balance has, with
respect to any Guaranteed Loan, the meaning ascribed to such term in the applicable Loan Agreement.
Equity Interest
means any and all shares, interest, rights to purchase, warrants, options, participations or other equivalents of or interests in (however designated) the common or preferred equity or preference share capital of an entity, including partnership
interests, voting interests, limited liability interests and trust beneficial interests; provided, that for the avoidance of doubt, no ABS Note will be considered an Equity Interest under this definition.
ERISA means the Employee Retirement Income Security Act of 1974 of the United States, as amended from time to time, and the
regulations promulgated, and any publicly available rulings issued, thereunder.
ERISA Affiliate means any person (as
defined in Section 3(9) of ERISA), which together with the Borrower, would be deemed to be a single employer within the meaning of Section 414(b), (c), (m) or (o) of the Internal Revenue Code or which would be deemed to be
under common control with the Borrower under Section 4001(a)(14) or 4001(b)(1) of ERISA.
Exh. A-8
[***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if
publicly disclosed.