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This excerpt taken from the DTV DEFA14A filed May 4, 2009. Material Adverse Effect” means a material adverse effect on (a) the business, condition (financial or otherwise), operations or performance of the Borrower and its Subsidiaries (including for this purpose DIRECTV) taken as a whole, (b) the rights and remedies of the Lender under this Agreement
or any Note or (c) the ability of the Borrower to perform its obligations under this Agreement or any Note.
“ This excerpt taken from the DTV 8-K filed May 4, 2009. Material Adverse Effect” means a material adverse effect on (a) the business, condition (financial or otherwise), operations or performance of the Borrower and its Subsidiaries (including for this purpose DIRECTV) taken as a whole, (b) the rights and remedies of the Lender under this Agreement
or any Note or (c) the ability of the Borrower to perform its obligations under this Agreement or any Note.
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