Extract to table

As used in this Agreement, the following terms have the meanings specified below: "Adjusted Term SOFR" means, for any Interest Period, a rate per annum equal to (a) Term SOFR for such Interest Period, plus (b) the SOFR Adjustment (if any); provided that in no event shall Adjusted Term SOFR be less than 0

"Affiliate" means, with respect to any Person, another Person that directly, or indirectly through one or more intermediaries, Controls, or is Controlled by, or is under common Control with, such first Person; provided that portfolio companies of Ridgeway Capital Partners LLC and its managed funds (other than the Borrower and its Subsidiaries) shall not be deemed Affiliates of the Borrower solely by reason of common ownership by Ridgeway Capital Partners Fund IV, LP

"Business Day" means any day other than a Saturday, Sunday, or day on which commercial banks in New York City are authorized or required by law to close; provided that, with respect to determinations of Term SOFR, "Business Day" shall exclude any day that is not a U

Capital Expenditures shall not exceed $45,000,000 in any fiscal year, subject to the carry-forward provisions of Section 7

01 are satisfied or waived in accordance herewith, which date shall be not later than the Funding Deadline

Consolidated EBITDA shall be tested on a trailing four-quarter basis as of the last day of each fiscal quarter