extended or may, at the option of the lessor, be extended). The term net rental payments under any lease for any period shall mean the sum of the rental and other payments required to
be paid in such period by the lessee thereunder, not including any amounts required to be paid by such lessee (whether or not designated as rental or additional rental) on account of maintenance and repairs, insurance, taxes, assessments, water
rates or similar charges required to be paid by such lessee thereunder or any amounts required to be paid by such lessee thereunder contingent upon the amount of sales, maintenance and repairs, insurance, taxes, assessments, water rates or similar
charges.
Consolidated Net Tangible Assets means, at the time of determination, the total amount of assets (less depreciation
and valuation reserves and other reserves and items deductible from the gross book value of specific asset accounts under U.S. generally accepted accounting principles) that under U.S. generally accepted accounting principles would be included on
our and our Restricted Subsidiaries most recent annual consolidated balance sheet after deducting therefrom (i) amounts that would, in conformity with U.S. generally accepted accounting principles, be included as current liabilities on
such most recent annual consolidated balance sheet (other than (x) the current portion of any Funded Debt, the current portion of any Finance Lease Obligations and the current portion of Operating Lease liability, (y) the current portion
of accrued interest, and (z) the current portion of current and deferred income taxes), (ii) all goodwill, trade names, trademarks, patents, unamortized debt discount and expense and other like intangibles (other than leasehold costs), which in
each such case would be so included on such most recent annual balance sheet, and (iii) all amounts which would be so included on such most recent annual balance sheet in respect of Investments (less applicable reserves) in Non-Restricted Subsidiaries in excess of the amount of such Investments at February 1, 2020. As of February 1, 2020, the amount of Investments in Non-Restricted
Subsidiaries totaled approximately $5.3 billion.
Finance Lease means any lease of property (whether real or personal)
classified as a finance lease under U.S. generally accepted accounting principles, but excluding, for the avoidance of doubt, any Operating Leases or any other non-finance leases.
Finance Lease Obligations of any person means the amount of the obligations of such person under Finance Leases which would be
shown as a liability on a balance sheet of such person prepared in accordance with U.S. generally accepted accounting principles.
Funded Debt of any person means Indebtedness, whether incurred, assumed or guaranteed, maturing by its terms more than one year
from the date of creation thereof, or that is extendable or renewable at the sole option of the obligor so that it may become payable more than one year from the date of creation thereof; provided, however, that Funded Debt shall not include
(i) obligations created pursuant to leases, (ii) any Indebtedness or portion thereof maturing by its terms within one year from the time of any computation of the amount of outstanding Funded Debt unless such Indebtedness shall be
extendable or renewable at the sole option of the obligor in such manner that it may become payable more than one year from such time, or (iii) any Indebtedness for the payment or redemption of which money in the necessary amount shall have
been deposited in trust either at or before the maturity date thereof.
Indebtedness of any person means indebtedness for
borrowed money and indebtedness under purchase money mortgages or other purchase money liens or conditional sales or similar title retention agreements, in each case where such indebtedness has been created, incurred, or assumed by such person to
the extent such indebtedness would appear as a liability upon a balance sheet of such person prepared in accordance with U.S. generally accepted accounting principles (as in effect on the issue date of the notes), guarantees by such person of such
indebtedness, and indebtedness for borrowed money secured by any mortgage, pledge or other lien or encumbrance upon property owned by such person, even though such person has not assumed or become liable for the payment of such indebtedness (but not
exceeding the amount of indebtedness secured by such mortgage, pledge, lien or encumbrance).
Investment means and includes
any investment in stock, evidences of indebtedness, loans or advances, however made or acquired, but shall not include our or any Restricted Subsidiarys accounts receivable arising
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