Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 129)

or accruing an obligation to make contributions, or has within any of the preceding five plan years made or accrued an

obligation to make contributions.

"Multiple Employer Plan" means a single employer plan, as defined in Section 4001(a)(15) of ERISA, that (a) is

maintained for employees of the Company or any ERISA Affiliate and at least one Person other than the Company and the

ERISA Affiliates or (b) was so maintained and in respect of which the Company or any ERISA Affiliate could have liability

under Section 4064 or 4069 of ERISA in the event such plan has been or were to be terminated.

"Non-Consenting Lender" has the meaning specified in Section 2.17(b).

"Note" means a promissory note of any Borrower payable to the order of any Lender, in substantially the form of

Exhibit A hereto, evidencing the aggregate indebtedness of such Borrower to such Lender resulting from the Advances made

by such Lender.

"Notice of Borrowing" has the meaning specified in Section 2.02(a).

"Notice of Issuance" has the meaning specified in Section 2.03(a).

"Other Taxes" has the meaning specified in Section 2.14(b).

"PBGC" means the Pension Benefit Guaranty Corporation, or any successor thereto.

"Permitted Liens" means such of the following as to which no enforcement, collection, execution, levy or

foreclosure proceeding shall have been commenced and remain unstayed:

(a) Liens for taxes, assessments and governmental charges or levies to the extent not required to be

paid under Section 5.01(b);

(b) Liens imposed by law, such as materialmen's, mechanics', carriers', workmen's and repairmen's

Liens and other similar Liens arising in the ordinary course of business securing obligations (other than

Indebtedness for borrowed money) that (i) are not overdue for a period of more than 30 days or (ii) are being

contested in good faith and by proper proceedings and as to which appropriate reserves are being maintained in

accordance with generally accepted accounting principles in effect from time to time;

legislation (other than in respect of employee benefit plans subject to ERISA) or to secure public or statutory

obligations;

(d) Liens securing the performance of, or payment in respect of, bids, tenders, government contracts

(other than for the repayment of borrowed money),

Source: BLACK & DECKER CORP, 10-K, February 19, 2010 Powered by Morningstar

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 129