Incremental Commitment Effective Date definition

Incremental Commitment Effective Date means any Business Day designated as such in an Incremental Commitment Activation Notice or, if later, the first date on which each condition set forth in Section 4.03 shall have been satisfied or waived with respect to the Commitment Increase set forth therein.

Incremental Commitment Effective Date as defined in Subsection 2.6(d).

Incremental Commitment Effective Date has the meaning specified in SECTION 2.25(e). “Incremental Lender” has the meaning specified in SECTION 2.25(d).

Incremental Commitment Effective Date means (i) in the case of an Incremental Commitment in respect of Incremental Term Loans of a given Tranche, the Incremental Term Loan Borrowing Date for such Tranche and (ii) in the case of Incremental Commitments under the CL Letter of Credit Tranche or the Revolving Loan Tranche, the date the related increase became effective as specified in the relevant Incremental Commitment Agreement.

Incremental Commitment Effective Date has the meaning specified in Section 2.26(c). “Incremental Lender” has the meaning specified in Section 2.26(b). “Incremental Term Loan Commitment” has the meaning specified in Section 2.26(a). “Incremental Term Loan Facility” means any facility consisting of Incremental Term Loan Commitments and all Borrowings thereunder. 15 #1292168v26

Incremental Commitment Effective Date has the meaning set forth in Section 2.08(e). “Incremental Lender” has the meaning set forth in Section 2.08(e). “Indemnified Liabilities” has the meaning set forth in Section 11.05. “Indemnified Taxes” has the meaning set forth in Section 3.01(a). “Indemnitee” has the meaning set forth in Section 11.05. “Independent Appraisal” means a document executed by an Independent Appraiser setting forth the Appraised Value of the item of equipment being appraised and the data and explanation, all in reasonable detail, supporting such Appraised Value. “Independent Appraiser” means RailSolutions, Inc., or, in substitution of the foregoing appraiser, any independent railcar appraisal expert of recognized standing selected by the Agent, with the consent of the Required Lenders, in consultation with, and reasonably satisfactory to, the Borrower; provided that no such consultations with, or satisfaction of, the Borrower shall be 747656567 17557858 33 Fifth Amended and Restated Warehouse Loan Agreement

Incremental Commitment Effective Date means the earliest time as of which all conditions set forth in subsection 4.2 shall have been deemed satisfied or otherwise waived in accordance with the last paragraph of such subsection; provided, however, that solely for purposes of each of the definition of "Budget", subsection 6.1(xvi) and subsection 7.1(iv), each reference to "Incremental Commitment Effective Date" shall mean the date after the First Amendment Effective Date on which the last of the conditions set forth in subsections 4.2A through 4.2K and subsection 4.2M shall have been satisfied pursuant to clause (iii) of the last paragraph of subsection 4.2.

Incremental Commitment Effective Date has the meaning specified in Section 2.15(d). “Incremental Commitments” has the meaning specified in Section 2.15(a). “Incremental Lenders” has the meaning specified in Section 2.15(b). “Incremental Term Commitments” has the meaning specified in Section 2.15(a). “Indebtedness” means, as to any Person at a particular time, without duplication, all of the following, whether or not included as indebtedness or liabilities in accordance with GAAP: (a) all obligations of such Person for borrowed money and all obligations of such Person evidenced by bonds, debentures, notes, loan agreements or other similar instruments; (b) all direct or contingent obligations of such Person arising under letters of credit (including standby and commercial), bankers’ acceptances, bank guaranties, surety bonds and similar instruments; (c) net obligations of such Person under any Swap Contract;

Incremental Commitment Effective Date has the meaning set forth in Section 2.08(e). “Incremental Lender” has the meaning set forth in Section 2.08(e). “Indemnified Liabilities” has the meaning set forth in Section 11.05. “Indemnified Taxes” has the meaning set forth in Section 3.01(a). “Indemnitee” has the meaning set forth in Section 11.05. “Independent Appraisal” means a document executed by an Independent Appraiser setting forth the Appraised Value of the item of equipment being appraised and the data and explanation, all in reasonable detail, supporting such Appraised Value. “Independent Appraiser” means RailSolutions, Inc., or, in substitution of the foregoing appraiser, any independent railcar appraisal expert of recognized standing selected by the Agent, with the consent of the Required Lenders, in consultation with, and reasonably satisfactory to, the Borrower; provided that no such consultations with, or satisfaction of, the Borrower shall be required so long as a Default, a Manager Event of Default or an Event of Default shall have occurred and be continuing. “Industry” means any industry listed in column I of Schedule A hereto. “Industry Concentration Percentage” means, with respect to an Industry Group, the percentages listed in column II of Schedule A hereto that correspond to the Industry of such Industry Group. “Industry Group” means Railcars that operate primarily in a particular Industry (as certified by each Facility Party in each Borrowing Base Certificate). “Insolvency Event” means any condition or event set forth in Section 9.01(g). “Insurance Management Agreement” means the Second Amended and Restated Insurance Management Agreement, substantially in the form of Exhibit I hereto, dated as of May 29, 2009, between the Borrower and the Manager. “Interchange Rules” means the interchange rules and supplements thereto promulgated by the A.A.R., as in effect from time to time. “Interest Period” means (i) initially, the period from the Amendment Closing Date to the first Calculation Date following the Amendment Closing Date, and (ii) thereafter, the period from