Gemino Debt. As used herein, shall mean any and all Obligations (as defined in the Gemino Credit Agreement), including, without limitation, any and all now existing and future indebtedness, obligations or liabilities of the Company to Gemino under the Gemino Credit Agreement and any other Gemino Loan Document, whether direct or indirect, absolute or contingent, secured or unsecured, arising under, or in connection with, the Gemino Credit Agreement or any other Gemino Loan Document (including, without... limitation, any guaranty executed in connection therewith) in favor of Gemino, as each of the foregoing may be from time to time amended, modified, waived, supplemented, extended, renewed, deferred, refinanced, replaced, refunded or restated, in whole or in part, in accordance with the terms and conditions thereof, by operation of law or otherwise, whether any of the foregoing arises before or after commencement of a Proceeding, including any and all expenses (including, without limitation, reasonable attorneys' fees and disbursements), premiums, fees and charges incurred in connection therewith and any interest thereon, including, without limitation, any post-petition interest accruing on such Gemino Debt after Company becomes subject to a Proceeding (whether or not such interest is allowable or enforceable against Company or recoverable against Company or its bankruptcy estates), whether by means of an adequate protection payment or otherwise. For all purposes hereunder, Gemino Debt shall also include all indebtedness, obligations and liabilities of the Company to repay any amounts previously paid by the Company pursuant to the Gemino Credit Agreement, which amounts have been returned to the Company, to the Company's bankruptcy estates, to a trust or similar structure established under a plan of reorganization or liquidation of Company or to a trustee or similar Person by Gemino pursuant to Sections 542, 544, 545, 547, 548, 549, 550, 553 and 724(a) of the Bankruptcy Code or otherwise under other applicable legislation.View More
