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This excerpt taken from the GFIG 8-K filed Feb 4, 2008. “Indebtedness” means, with
respect to any Person, without duplication,
(a) all Funded Indebtedness;
(b) net obligations under Swap Contracts;
(c) all Guaranties with respect to outstanding Indebtedness of the types specified in clauses (a) and (b) of any other Person; and
(d) all Indebtedness of the types referred to in clauses (a) through (c) above of any partnership or joint venture for which such Person is liable for all of the obligations of such joint venture (other than a joint venture that is itself a corporation or limited liability company) in which such Person is a general partner or joint venturer, except to the extent such Indebtedness is express made non-recourse to such Person.
For purposes hereof, (y) the amount of any net obligation under any Swap Contract on any date shall be deemed to be the Swap Termination Value thereof as of such date, and (z) the amount of any Guaranty shall be the amount of the Indebtedness subject to such Guaranty.
B-7
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