Property shall mean any real property or personal property, plant,
building, facility, structure, underground storage tank or unit, equipment, inventory or other asset owned, leased or operated by the Credit Parties or their Subsidiaries (including, without limitation, any surface water thereon or adjacent thereto,
and soil and groundwater thereunder).
PTE means a prohibited transaction class exemption issued by the U.S. Department
of Labor, as any such exemption may be amended from time to time.
Rating shall mean on any date, the ratings for
senior, unsecured, long-term indebtedness for borrowed money of the Borrower that is not guaranteed by any other Person or Subsidiary and not supported by any other credit enhancement (or the equivalent thereof) as most recently publicly announced
by a Rating Agency.
Rating Agency shall mean each of Moodys, S&P and Fitch.
Real Property shall mean any right, title or interest in and to real property, including any fee interest, leasehold
interest, easement or license and any other right to use or occupy real property, including any right arising by contract.
Related Parties shall mean, with respect to any specified Person, such Persons Affiliates and the respective
managers, administrators, trustees, partners, directors, officers, employees, agents, advisors, legal counsel, consultants or other representatives of such Person and such Persons Affiliates.
Relevant Governmental Body means the Federal Reserve Board and/or the Federal Reserve Bank of New York, or a committee
officially endorsed or convened by the Federal Reserve Board and/or the Federal Reserve Bank of New York or any successor thereto.
Request for Loan shall mean any certificate signed by an Authorized Signatory of the Borrower requesting a Loan, which
certificate shall be in substantially the form of Exhibit E.
Required Lenders shall mean, as of any date of
calculation, Lenders the sum of whose unutilized portions of the Commitments, plus Loans exceeds fifty percent (50%) of the sum of all unutilized portions of the Commitments plus all Loans; provided that to the extent that any
Lender is a Defaulting Lender, such Defaulting Lenders Loans and unutilized portion of the Commitments shall be excluded for purposes of determining Required Lenders.
Resolution Authority shall mean an EEA Resolution Authority or, with respect to any UK Financial Institution, a UK
Resolution Authority.
Responsible Officer shall mean each president, executive vice president, chief executive
officer, chief financial officer, treasurer, secretary, general counsel, assistant general counsel, or Authorized Signatory, or any Person having comparable responsibilities with respect to such offices, of the Borrower.
Revolving Credit Agreement shall mean that certain Credit Agreement dated as of September 10, 2020, by and among the
Borrower, the lenders from time to time party thereto, Truist Bank, successor by merger to SunTrust Bank, as administrative agent, and the other parties thereto, as amended, restated, replaced, supplemented, or otherwise modified from time to time.
S&P shall mean S&P Global Ratings, a division of S&P Global Inc., and any successor thereto.
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