Lien means, with respect to any asset, (a) any mortgage, deed of
trust, lien, pledge, hypothecation, encumbrance, charge or security interest in, on or of such asset, (b) the interest of a vendor or a lessor under any conditional sale agreement, capital lease, statutory trust or title retention agreement (or
any financing lease having substantially the same economic effect as any of the foregoing) relating to such asset and (c) in the case of securities, any purchase option, call or similar right of a third party with respect to such securities.
Letters of Credit means Letters of Credit as defined in the ABL Credit Agreement.
New York UCC means the Uniform Commercial Code as from time to time in effect in the State of New York.
Officers Certificate has the meaning assigned to such term in Section 8.09.
Person means any natural person, corporation, limited liability company, trust, joint venture, association, company,
partnership, Governmental Authority or other entity.
Plan of Reorganization means plan of reorganization, plan of
liquidation, agreement for composition, or other type of plan of arrangement proposed in or in connection with any Insolvency or Liquidation Proceeding.
Pledged or Controlled Collateral has the meaning assigned to such term in Section 5.05(a).
Proceeds means the proceeds of any sale, collection or other liquidation of Collateral and any payment or distribution made
in respect of Collateral in an Insolvency or Liquidation Proceeding and any amounts received by any Senior Representative or any Senior Secured Party from a Junior Priority Debt Party in respect of Shared Collateral pursuant to this Agreement and
all other Proceeds (as defined in the New York UCC) of Collateral.
Property shall mean any interest in any kind of
property or asset, whether real, person- al or mixed, or tangible or intangible.
Purchase Event has the meaning
assigned to such term in Section 5.07.
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.
Recovery has the meaning assigned to such term in Section 6.04.
Refinance means, in respect of any Indebtedness, to refinance, extend, renew, defease, amend, increase, modify, supplement,
restructure, refund, replace or repay, or to issue other indebtedness or enter into alternative financing arrangements, in exchange or replacement for such indebtedness (in whole or in part), including by adding or replacing lenders, creditors,
agents, borrowers and/or guarantors, and including, in each case, but not limited to, after the original instrument giving rise to such indebtedness has been terminated and including, in each case, through any credit agreement, indenture or other
agreement. Refinanced and Refinancing have correlative meanings.
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