“Mobile Goods” shall mean, collectively, all of each Grantor’s motor vehicles, tractors, trailers, aircraft, rolling stock and other like property, whether or not the title thereto is governed by a certificate of title or ownership.

Amendment to Forecasted Capital Expenditures Amount. Subject to and effective upon the 15th day following the date on which the [Section 203] Approval becomes a Final Order (the “Forecast Amendment Date”), ​ of the SPA is hereby amended as follows:

except to the extent otherwise provided hereunder or under any Collateral Document, the Obligations and the Loan Party Guarantees shall have been secured by a perfected security interest (other than in the case of Eligible Real Property and Eligible Rolling Stock, to the extent such security interest may be perfected by delivering certificated securities, filing Uniform Commercial Code or PPSA financing statements or making any necessary filings with the United States Patent and Trademark Office, United States Copyright Office or Canadian Intellectual Property Office, as applicable) in substantially all tangible and intangible assets constituting personal property of Holdings, the Borrowers and each Guarantor (including accounts receivable, inventory, cash, deposit accounts, equipment, investment property, intercompany notes, Intellectual Property, other general intangibles, owned (but not leased) Real Property and proceeds of the foregoing); provided that security interests in # Real Property shall be limited to Real Property included, or intended to be included, as Eligible Real Property and # Rolling Stock shall be limited to Rolling Stock included, or intended to be included, as Eligible Rolling Stock; provided, further, that this [clause (d)] shall not apply to any Term Collateral described in this [clause (d)], to the extent a Term Collateral Release has occurred with respect to such Term Collateral, specifically or by type or class (and has not been rescinded, as contemplated in [Section 6.18(d)]);

“Borrowing Base Assets” means Accounts, Equipment Inventory, Parts and Tools Inventory, and Rolling Stock, together with any other types of assets or properties that are from time to time included in the calculation of the Borrowing Base.

“Rolling Stock Appraisal” means an appraisal prepared by an independent appraiser reasonably acceptable to the Administrative Agent and prepared in accordance with the Administrative Agent’s customary independent appraisal requirements and in compliance with all applicable regulatory requirements.

for all Additional Rolling Stock, the sum of each product of # the applicable RS Addition Amount multiplied by # 1/28th multiplied by # the number of full fiscal quarters that have elapsed since the applicable RS Addition Date.

“(a) Minimum Three-Month Rolling Average Monthly Annualized Excess Net Yield. The Trailing Excess Yield Minimum Monthly Annualized Net Yield calculated as of the last day of each fiscal month shall not be less than 225% 70%.

Based on the ratio of each Client Company’s load to the peak load at time of all companies peak load. The calculation of Peak Load Ratio is performed using a twelve month rolling average of the coincident peaks.

Prior to the beginning of each calendar quarter, Buyer shall provide to Supplier a written forecast of the number of Parts expected to be ordered in the following three (3) month period. Based on the forecast, Supplier shall purchase Raw Materials for the manufacturing, labeling and packaging of the Parts, in such quantities, in Supplier's reasonable judgment, that are required to fill forecasted orders during such period. Buyer shall reimburse Supplier for any Raw Materials which remain in Supplier’s possession following the termination of this Agreement or a decision of Buyer or an agreement of the Parties which render such Raw Materials obsolete or not useable by Supplier hereunder. Reimbursement shall be made at actual cost including appropriate overheads.

Because of the nature of the type of businesses we plan to enter it is difficult to accurately forecast revenues and operating results and these items could fluctuate in the future due to a number of factors. These factors may include, among other things, the following: