Loan Documents shall mean this Agreement, all Promissory Notes and Supplements, and all
instruments or documents relating to this Agreement or the Promissory Notes and Supplements,
including, without limitation, all applications, certificates, opinions of counsel, mortgages, deeds of
trust, security agreements, guaranties, interest rate risk management agreements (including the [SDA
2002 Master Agreement and all schedules thereto),and pledge agreements.
Long-Term Debt shall mean for the Company on a consolidated basis the sum of (a) all
indebtedness for borrowed money, (b) obligations which are evidenced by notes, bonds, debentures
or similar instruments, (c) that portion of obligations with respect to capital leases or other
capitalized agreements that are properly classified as a liability on the balance sheet in conformity
with GAAP or which are treated as operating leases under regulations applicable to them but which
otherwise would be required to be capitalized under GAAP, and (d) indebtedness or obligations
guarantied by the Company or sccured by any Lien on any property of the Company, in each case
having a maturity of more than one year from the date of its creation or having a maturity within one
year from such date but that is renewable or extendible, at the Company’s option, to a date more than
one year from such date or that arises under a revolving credit or similar agreement that obligates the
lender(s) to extend credit during a period of more than one year from such date, including all current
maturities in respect of such indebtedness whether or not required to be paid within one year from
the date of its creation.
Material Adverse Effect shall mean a material adverse effect on the condition, financial or
otherwise, operations, properties, margins or business of the Company or any Subsidiary or on the
ability of the Company or any Subsidiary to perform its obligations under the Loan Documents.
Money Pool Agreement shall mean that certain Money Pool Agreement dated as of January
1, 2006, among the Guarantor, the Company, PWW, and other affiliates of the Guarantor.
Net Worth shall mean the difference between total assets less total liabilities (both as
determined on a consolidated basis in accordance with GAAP consistently applied or the appropriate
standards of the regulatory agency having jurisdiction over the Company).
Person shall mean an individual, partnership, limited liability company, corporation,
business trust, joint stock company, trust, unincorporated association, joint venture, governmental
authority, or other entity of whatever nature.
Promissory Note and Supplement shall have the meaning set forth in Section 2,01 of the
Agreement.
PWW shall have the meaning set forth in Section 3.01(C) hereof.
Subsidiary shall mean, as to the Company, a corporation, partnership, limited liability
company, joint venture, or other Person of which shares of stock or other equity interests having
ordinary voting power to elect a majority of the board of directors or other managers of such
corporation, partnership, limited liability company, joint venture, or other Person are at the time
owned, or the management of which is otherwise controlled, directly or indirectly, through one or
more intermediaries, or both, by the Company.
