Incorporated Agreement. Means the Indenture, dated as of January 25, 2002, between the Maker, as issuer, each Subsidiary of the Maker party thereto from time to time as a guarantor, and U.S. Bank, N.A., as trustee, as the same may be amended, supplemented, amended and restated or otherwise modified from time to time; provided that upon the redemption or refinancing in full of all of the outstanding principal amount of the notes issued under the Incorporated Agreement with the proceeds of extensions of credit under
... another agreement, the reference herein to the "Incorporated Agreement" shall refer to such refinancing agreement and the terms of this Intercompany Note that relate to definitions and sections contained in the refinanced Incorporated Agreement shall be interpreted to refer to the correlative definitions and sections of such refinancing agreement in a manner consistent with the terms hereof (it being understood and agreed that (a) if any covenant of the refinanced Incorporated Agreement that is incorporated by reference herein does not have a correlative covenant in such refinancing agreement, such covenant shall no longer be binding on the Maker or any of its Subsidiaries thereafter and (b) if such refinancing agreement contains a covenant that does not have a correlative covenant that is incorporated by reference herein, such covenant of such refinancing agreement will not be binding on the Maker or any of its Subsidiaries). Each reference herein to the Incorporated Agreement shall by such reference incorporate the provisions of the Incorporated Agreement to which such reference is made as though fully set forth herein, together with related definitions and ancillary provisions, except as the context may otherwise require: (i) references therein to "this Indenture", the "Notes" and a "Note" shall, in each instance, be deemed to refer to and include this Intercompany Note; (ii) references therein to the "Trustee", the "Holders" and a "Holder" shall, in each instance, be deemed to refer to the Holder; (iii) references therein to a "Default" and an "Event of Default" shall be deemed to refer to a Default and an Event of Default, respectively; (iv) references therein to a "Guarantor", the "Guarantors", a "Guarantee" and the "Guarantees" shall be deemed to refer to a Guarantor, the Guarantors, the Guaranty and the Guaranty, respectively; and (v) references therein to the "Company" shall be deemed to refer to the Maker.
View More
Incorporated Agreement. Means the $3,000,000,000 Amended and Restated Revolving Credit Agreement, dated as of November 6, 2012, among the Account Party, the lenders from time to time party thereto, Wells Fargo Bank, National Association, as administrative agent, issuing lender and swingline lender, certain financial institutions, as syndication agents, certain financial institutions, as lead arrangers, and certain financial institutions, as documentation agents, as in effect on the date hereof and without giving
... effect to any subsequent modification, supplement, amendment or waiver by the lenders under, or by other parties to, the Incorporated Agreement, unless the Required Lenders agree in writing that such modification, supplement, amendment or waiver shall apply to such provisions or schedules as incorporated herein.
View More
