This excerpt taken from the CVS 10-Q filed Aug 9, 2005.
Commitment Increase Supplement: an increase supplement in the form of Exhibit K.
Commitment Percentage: at any time and with respect to any Lender, a fraction the numerator of which is such Lenders Commitment Amount at such time, and the denominator of which is the Aggregate Commitment Amount at such time.
Commitment Period: the period commencing on the Effective Date and ending on the Commitment Termination Date, or on such earlier date as all of the Commitments shall have been terminated in accordance with the terms hereof.
Commitment Termination Date: the earlier of June 3, 2010 and the date on which the Loans shall become due and payable, whether by acceleration, notice of intention to prepay or otherwise.
Committed Credit Exposure: with respect to any Lender at any time, the sum at such time of (a) the outstanding principal balance of such Lenders Revolving Credit Loans, (b) the Swing Line exposure of such Lender and (c) the Letter of Credit Exposure of such Lender.
Compensatory Interest Payment: as defined in Section 3.4(c).
Competitive Bid: an offer by a Lender, in the form of Exhibit H, to make one or more Competitive Bid Loans.
Competitive Bid Accept/Reject Letter: a notification made by the Borrower pursuant to Section 2.4(d) in the form of Exhibit I.
Competitive Bid Loan: as defined in Section 2.4(a).
Competitive Bid Rate: as to any Competitive Bid made by a Lender pursuant to Section 2.4(b), the fixed rate of interest (which shall be expressed in the form of a decimal to no more than four decimal places) offered by such Lender and accepted by the Borrower.
Competitive Bid Request: a request by the Borrower, in the form of Exhibit F, for Competitive Bids.
Competitive Interest Period: as to any Competitive Bid Loan, the period commencing on the date of such Competitive Bid Loan and ending on the date requested in the Competitive Bid
Request with respect thereto, which shall not be earlier than 3 days after the date of such Competitive Bid Loan or later than 180 days after the date of such Competitive Bid Loan, provided that if any Competitive Interest Period would end on a day other than a Domestic Business Day, such Interest Period shall be extended to the next succeeding Domestic Business Day, unless such next succeeding Domestic Business Day would be a date on or after the Commitment Termination Date, in which case such Competitive Interest Period shall end on the next preceding Domestic Business Day. Interest shall accrue from and including the first day of a Competitive Interest Period to but excluding the last day of such Competitive Interest Period.
Consolidated: the Borrower and the Subsidiaries on a consolidated basis in accordance with GAAP.
Contingent Obligation: as to any Person (the secondary obligor), any obligation of such secondary obligor (a) guaranteeing or in effect guaranteeing any return on any investment made by another Person, or (b) guaranteeing or in effect guaranteeing any Indebtedness, lease, dividend or other obligation (primary obligation) of any other Person (the primary obligor) in any manner, whether directly or indirectly, including any obligation of such secondary obligor, whether or not contingent, (i) to purchase any such primary obligation or any Property constituting direct or indirect security therefor, (ii) to advance or supply funds (A) for the purchase or payment of any such primary obligation or (B) to maintain working capital or equity capital of the primary obligor or otherwise to maintain the net worth or solvency of the primary obligor, (iii) to purchase Property, securities or services primarily for the purpose of assuring the beneficiary of any such primary obligation of the ability of the primary obligor to make payment of such primary obligation, (iv) otherwise to assure or hold harmless the beneficiary of such primary obligation against loss in respect thereof, and (v) in respect of the Indebtedness of any partnership in which such secondary obligor is a general partner, except to the extent that such Indebtedness of such partnership is nonrecourse to such secondary obligor and its separate Property, provided that the term Contingent Obligation shall not include the indorsement of instruments for deposit or collection in the ordinary course of business.
Continuing Director: any member of the board of directors of the Borrower who (i) is a member of that board of directors on the Effective Date or (ii) was nominated for election by the board of directors a majority of whom were directors on the Effective Date or whose election or nomination for election was previously approved by one or more of such directors.
Control Person: as defined in Section 3.6.
Convert, Conversion and Converted: each, a reference to a conversion pursuant to Section 3.3 of one Type of Revolving Credit Loan into another Type of Revolving Credit Loan.
Costs: as defined in Section 3.6.
Co-Syndication Agents: as defined in the preamble.
Credit Exposure: with respect to any Lender at any time, the sum at such time of (a) the Committed Credit Exposure of such Lender at such time under this Agreement and (b) the
outstanding principal balance of all Competitive Bid Loans of such Lender at such time under this Agreement.
Credit Parties means the Administrative Agent, the Co-Syndication Agents, the Documentation Agent, the Swing Line Lender, the Issuer and the Lenders.
Default: any of the events specified in Section 9.1, whether any requirement for the giving of notice, the lapse of time, or both, or any other condition, has been satisfied.
Disposition: with respect to any Person, any sale, assignment, transfer or other disposition by such Person by any means, of:
(a) the Stock of, or other equity interests of, any other Person,
(b) any business, operating entity, division or segment thereof, or
(c) any other Property of such Person, other than (i) the sale of inventory (other than in connection with bulk transfers), (ii) the disposition of equipment and (iii) the sale of cash investments.
Dividend Restrictions: as defined in Section 8.7.