Additional Defined Terms

Additional Defined Terms. When used herein and in the Loan Agreement, the following additional tern's are added to Section 1 (Definitions) of the Loan Agreement and shall have the following meanings: "2013 Term Loan" shall mean the Term Loan in the amount of $5,000,000 made by the Bank to Borrowers on or about the date hereof and secured by a mortgage or deed of trust on the Waukesha Property. "2013 Term Loan Note" shall mean the Promissory Note executed by the Borrowers in connection with the 2013 Term Loan.... "Commodity Exchange Act" means the Commodity Exchange Act (7 U.S.C. § 1 et seq. ), as amended from time to time, and any successor statute. "Excluded Hedging Obligation" means, with respect to any Hedging Guarantor, any Hedging Obligation if, and to the extent that, all or a portion of the guarantee by such Hedging Guarantor of, or the grant by such Hedging Guarantor of a security interest to secure, such Hedging Obligation (or any guarantee thereof) is or becomes illegal under the Commodity Exchange Act or any rule, regulation or order of the Commodity Futures Trading Commission (or the application or official interpretation of any thereof) (a) by virtue of such Hedging Guarantor's failure for any reason to constitute an "eligible contract participant" as defined in the Commodity Exchange Act and the regulations thereunder at the time the Guarantee or the grant of such security interest becomes or would become effective with respect to such Hedging Obligation or (b) in the case of a Hedging Obligation subject to a clearing requirement pursuant to Section 2(h) of the Commodity Exchange Act (or any successor provision thereto), because such Hedging Guarantor is a "financial entity," as defined in Section 2(h)(7)(C)(i) the Commodity Exchange Act (or any successor provision thereto), at the time the guarantee of such Hedging Guarantor becomes or would become effective with respect to such related Hedging Obligation. If a Hedging Obligation arises under a master agreement governing more than one swap, such exclusion shall apply only to the portion of such Hedging Obligation that is attributable to swaps for which such guarantee or security interest is or becomes illegal. "Hedging Guarantor" means any Borrower or any other Obligor who guarantees the Hedging Obligations of any other Borrower or Subsidiary to the Bank or any of its Affiliates. For the avoidance of doubt, any Borrower or other Obligor that is a direct obligor of the Hedging Obligations shall not be deemed a Hedging Guarantor in respect of such Hedging Obligations to the extent such Borrower is such a direct obligor of such Hedging Obligations. "Waukesha Property" shall mean that property owned by LWI located at 2101 Delafield Street, Waukesha, Wisconsin 53188. View More

Additional Defined Terms. When used herein and in the Loan Agreement, the following additional terms are added to Section 1 (Definitions) of the Loan Agreement and shall have the following meanings: "GGD" shall mean Golden Guernsey Dairy Cooperative, a Wisconsin cooperative. "GGD Acquisition" shall mean the purchase by one or more of the Borrowers (or a Wholly-Owned Subsidiary of a Borrower) of certain assets of GGD. "GGD Purchase Agreement" shall mean the asset purchase agreement or other document evidencing the GGD... Acquisition. View More

Additional Defined Terms. Section 1.02 of the Credit Agreement is hereby amended to add thereto in appropriate alphabetical order the following defined terms which shall read in their respective entireties as follows:

Additional Defined Terms. Are included within the Plan

Additional Defined Terms. When used herein and in the Loan Agreement, the following definitions shall be added (in alphabetical order) to Section 1.1: 1 "GFI Acquisition" means the purchase by Lifeway of substantially all of the assets of GlenOaks Farms Inc., a California corporation, pursuant to the GFY Purchase Agreement. "GFI Purchase Agreement" means that certain Asset Purchase Agreement dated on or about the date hereof by and among GlenOaks Farms Inc., a California corporation, Lifeway, Kevin Donavan, Shane... Donovan, and Michael Polini relating to the GFI Acquisition. "SBA Holdback" means (a) until such time as the SBA Lien is released, $150,000.00 and (b) after the SBA Lien has been released $0.00. "SBA Lien" means the Lien filed with the Illinois Secretary of State by the U.S. Small Business Administration, as secured party, against the assets of Lifeway, as debtor, on June 28, 2020 (filing no. 25861663). "Term Loan Commitment" means $5,000,000.00. "Term Loan" is defined in Section 2.1.2. "Term Loan Maturity Date" means the earlier of (a) August 18, 2026 or (b) the Termination Date. View More