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-3- <br />following the Original Term or then current Renewal Term sufficient for the continued <br />performance of this Agreement by Lessee. <br />“Lease Term” means the Original Term and all Renewal Terms, with a final Renewal <br />Term ending on January 22, 2036. <br />“Lessee” means the entity referred to as Lessee in the first paragraph of this Agreement. <br />“Lessor” means (a) the entity referred to as Lessor in the first paragraph of this <br />Agreement and its successors or (b) any assignee or transferee of any right, title or interest of <br />Lessor in and to this Agreement pursuant to Section 11.01 hereof, including the right, title and <br />interest of Lessor in and to the Equipment, the Rental Payments and other amounts due <br />hereunder, the Escrow Agreement and Escrow Account and other Collateral, but does not <br />include any entity solely by reason of that entity retaining or assuming any obligation of Lessor <br />to perform hereunder. <br />“Lien” means any lien (statutory or otherwise), security interest, mortgage, deed of trust, <br />pledge, hypothecation, assignment, deposit arrangement, encumbrance, preference, priority or <br />other security or preferential arrangement of any kind or nature whatsoever (including, without <br />limitation, any conditional sale or other title retention agreement, any financing lease having <br />substantially the same economic effect as any of the foregoing and the filing of any financing <br />statement under the Uniform Commercial Code or comparable law of any jurisdiction). <br />“Material Adverse Change” means any change in Lessee’s creditworthiness that could <br />have a material adverse effect on (i) the financial condition or operations of Lessee, or <br />(ii) Lessee’s ability to perform its obligations under this Agreement. <br /> “Original Term” means the period from the Commencement Date until the end of the <br />fiscal year of Lessee in effect at such Commencement Date. <br />“Outstanding Balance” means the amount that is shown for each Rental Payment Date <br />under the column titled “Outstanding Balance” on the Payment Schedule. <br />“Payment Schedule” means the Payment Schedule attached hereto as Exhibit B and made <br />a part hereof. <br /> “Prepayment Price” means the amount that is shown for each Rental Payment Date <br />under the column titled “Prepayment Price” on the Payment Schedule. <br />“Principal Portion” means the amount that is shown for each Rental Payment Date <br />under the column titled “Principal Portion” on the Payment Schedule. <br />“Private Business Use” means any use, control, ownership or operation of the Equipment <br />by any Person (including the federal government) other than a state or local governmental unit, <br />including, but not limited to, as a result of (i) ownership, (ii) actual or beneficial use pursuant to <br />a lease or a management, service, incentive payment, research or output contract, or (iii) any <br />282