200806452 - Laserfiche WebLink

Browse

200806452 in such transaction, determined in accordance with GAAP; provided, however, that if such sale and leaseback transaction results in a Capital Lease Obligation, the amount of Indebtedness represented thereby will be determined in accordance with the definition of "Capital Lease Obligation. " "Authorized Company Representative" shall mean the Company's Manager or the Chief Executive Officer, President, Chief Financial Officer, General Counsel, Treasurer or any Assistant Treasurer or Secretary or any Assistant Secretary of EPC or such Persons at any time designated to act on behalf of the Company, such designation in each case to be evidenced by a certificate furnished to the Issuer and the Trustee containing the specimen signature of such Person and signed on behalf of the Company by its Manager or such Chief Executive Officer, President, Chief Financial Officer, General Counsel, Treasurer or any Assistant Treasurer or Secretary or any Assistant Secretary authorized to act on behalf of the Company. Such certificate may designate an alternate or alternates. "Authorized Issuer Representative" shall mean such Person or Persons at the time and from time to time designated by written certificate furnished to the Company and the Trustee containing the specimen signature of such Person and signed on behalf of the Issuer by its Mayor or Finance Director. "Biogas Agreement" shall mean the Biogas Purchase and Supply Agreement dated as of September 1, 2006 by and between the Company and JBS Swift, including all amendments thereof and supplements thereto. "Board of Directors" shall mean: (a) with respect to a corporation, the board of directors of the corporation or any committee thereof duly authorized to act on behalf of such board; (b) with respect to a partnership, the Board of Directors of each general partner of the partnership; (c) with respect to a limited liability company, the managing member or members or any controlling committee of managing members or Managers, Board of Managers or Board of Directors thereof; and (d) with respect to any other Person, the board or committee of such Person serving a similar function. "Bond Counsel" shall mean Kutak Rock LLP or such other firm of attorneys of nationally recognized standing in the field of law relating to municipal bond law and the excludability of interest on state or local bonds from gross income of the owners of the Bonds for purposes of federal income taxation, selected by the Company and acceptable to the Trustee and the Issuer. "Bond Fund" shall mean the fund by that name created and established in Section 6.02 of the Indenture. 4834-8191-0786.7 4