This excerpt taken from the ARQL 10-Q filed Nov 10, 2008.
· Advance means any Fixed Rate Advance or Variable Rate Advance made by the Bank pursuant to this Agreement.
· Advance Advice means a written or electronic notice by the Bank, sent to the Borrower, the Borrowers financial advisor at UBS Financial Services Inc. or any other party designated by the Borrower to receive the notice, confirming that a requested Advance will be a Fixed Rate Advance and specifying the amount, fixed rate of interest and Interest Period for the Fixed Rate Advance.
· Application means the Credit Line Account Application and Agreement that the Borrower has completed and submitted to the Bank.
· Approved Amount means the maximum principal amount of Advances that is permitted to be outstanding under the Credit Line at any time, as specified in writing by the Bank.
· Breakage Costs and Breakage Fee have the meanings specified in Section 6(b).
· Business Day means a day on which both of the Bank and UBS Financial Services Inc. are open for business. For notices and determinations of LIBOR, Business Day must also be a day for trading by and between banks in U.S. dollar deposits in the London interbank market.
· Collateral has the meaning specified in Section 8(a).
· Collateral Account means, individually and collectively, each account of the Borrower or Pledgor at UBS Financial Services Inc. or UBS International Inc., as applicable, that is either identified as a Collateral Account on the Application to which this Agreement is attached or subsequently identified as a Collateral Account by the Borrower or Pledgor in writing, together with all successors to those identified accounts, irrespective of whether the successor account bears a different name or account number.
· Credit Line has the meaning specified in Section 2(a).
· Credit Line Account means each Fixed Rate Account and each Variable Rate Account of the Borrower that is established by the Bank in connection with this Agreement and either identified on the Application or subsequently identified as a Credit Line Account by the Bank by notice to the Borrower, together with all successors to those identified accounts, irrespective of whether any successor account bears a different name or account number.
· Credit Line Obligations means, at any time of determination, the aggregate of the outstanding principal amounts of all Advances, together with all accrued but unpaid interest on the outstanding principal amounts, any and all fees or other charges payable in connection with the Advances and any costs of collection (including reasonable attorneys fees) and other amounts payable by the Borrower under this Agreement, and any and all other present or future obligations of the Borrower and the other respective Loan Parties under this Agreement and the related agreements, whether absolute or contingent, whether or not due or mature.
This excerpt taken from the ARQL 8-K filed Apr 18, 2008.
Definitions. All capitalized terms not specifically defined in this Second Amendment shall have the same meaning herein as in the Agreement, as amended (including as in any plans or other documents incorporated by reference into the Agreement).