Qualified Lender

Qualified Lender. Means any nationally, regionally or locally recognized bank, savings and loan or other financial institution, institutional lender, mezzanine lender, investment bank, investment company, investment group, venture capital firm or venture capital group, including without limitation Bank of America, NA and Harbinger Mezzanine Partners, L.P. Notwithstanding the foregoing, any entity that is formed solely to make an investment in the Company shall not be deemed to be a Qualified Lender.