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It is a condition precedent to the obligations of the Lenders under the Credit Agreement that the Grantors (as defined herein) shall have executed and delivered this Guarantee and Collateral Agreement

01 — Defined Terms As used in this Agreement, the following terms shall have the following meanings: "Acquisition" means the acquisition of 100% of the issued and outstanding capital stock of NovaMart Global Inc

Notwithstanding the foregoing, "Excluded Assets" shall not include any Proceeds of any Excluded Asset to the extent that such Proceeds would not themselves constitute Excluded Assets

The term "Grantor" shall refer to any one of the Grantors individually

" To the extent that the definition of any term used herein that is defined in the UCC is modified after the date hereof, such modified definition shall control for purposes of this Agreement from and after the effective date of such modification

02 of the Credit Agreement are hereby incorporated by reference herein, mutatis mutandis, and shall apply to the interpretation of this Agreement as if fully set forth herein