seats) on the board of directors of the Borrower shall at any time have been occupied by
Persons who were not Continuing Directors; or (c) any Person or group other than an Exempt Person shall otherwise directly or indirectly Control the
Borrower.
Change in Law means the
occurrence after the date of this Agreement (or with respect to any Lender, if later, the date on which such Lender becomes a Lender) of any of the following: (a) the adoption of or taking effect of any law, rule, regulation or treaty,
(b) any change in any law, rule, regulation or treaty or in the administration, interpretation, implementation or application thereof by any Governmental Authority or (c) compliance by any Lender or Issuing Bank (or, for purposes of
Section 2.15(b), by any lending office of such Lender or by such Lenders or Issuing Banks holding company, if any) with any request, rule, guideline or directive (whether or not having the force of law) of any Governmental Authority
made or issued after the date of this Agreement; provided that, notwithstanding anything herein to the contrary, (x) the Dodd-Frank Wall Street Reform and Consumer Protection Act and all requests, rules, guidelines or directives
thereunder or issued in connection therewith or in the implementation thereof and (y) all requests, rules, guidelines or directives promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or any
successor or similar authority) or the United States or foreign regulatory authorities, in each case pursuant to Basel III, shall, in each case, be deemed to be a Change in Law, regardless of the date enacted, adopted, issued or
implemented.
Charges has the meaning assigned to such term in Section 9.15.
Class, when used in reference to any Loan or Borrowing, refers to whether such Loan, or the Loans
comprising such Borrowing, are Revolving Loans
or, Swingline Loans, Protective Advances or Overadvances.
CME Term SOFR Administrator means CME Group Benchmark Administration Limited as administrator of the
forward-looking term Secured Overnight Financing Rate (SOFR) (or a successor administrator).
Code
means the Internal Revenue Code of 1986, as the same may be amended from time to time.
Co-Documentation
Agent means each of Bank of America, N.A., U.S. Bank National Association and Wells Fargo Bank, National Association in its capacity as co-documentation agent for the credit facility evidenced by this Agreement.
Collateral means any and all property owned, leased or operated by a Person covered by the Collateral
Documents and any and all other property of any Loan Party, now existing or hereafter acquired, that may at any time be or, become or be intended to be, subject to a security interest or Lien in favor
of the Administrative Agent, on behalf of itself and the Secured Parties, to secure the Secured Obligations; provided that the Collateral shall exclude Excluded Assets.
Collateral
Access Agreement has the meaning assigned to such term in the Security Agreement.
Collateral Documents means, collectively, the Security Agreement, the Mortgages and all other agreements,
instruments and documents executed in connection with this Agreement that are intended to create, perfect or evidence Liens to secure the Secured Obligations, including, without limitation, all other security agreements, pledge agreements,
mortgages, deeds of trust, loan agreements, notes, guarantees, subordination agreements, pledges, powers of attorney, consents, assignments,
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