Table of Contents
“Green Pipeline” means the Company’s 24-inch diameter carbon dioxide pipeline and associated laterals and facility piping owned by certain of the
Company’s Subsidiaries known as the Green Pipeline, consisting of approximately 320 miles of pipeline mileage and servicing the Gulf Coast corridor
from near Donaldsonville, Louisiana to the Hastings Field in Texas.
“Hazardous Substance” means any pollutant, contaminant, waste or chemical or any toxic, radioactive, ignitable, corrosive, reactive or otherwise
hazardous substance, waste or material, or any substance, waste or material having any constituent elements displaying any of the foregoing
characteristics, in each case, that is regulated under any Environmental Law, including (i) petroleum and petroleum products, including crude oil and any
fractions thereof, (ii) natural gas, synthetic gas and any mixtures thereof, (iii) polychlorinated biphenyls, (iv) asbestos or asbestos-containing materials,
(v) radioactive materials, (vi) produced waters and (vii) per- and polyfluoroalkyl substances.
“HSR Act” means the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
“Hydrocarbons” means any of oil, bitumen and products derived therefrom, synthetic crude oil, petroleum, natural gas, natural gas liquids, coal bed
methane, and any and all other substances produced in association with any of the foregoing, whether liquid, solid or gaseous or any combination thereof.
“Indebtedness” means, with respect to any Person, without duplication, all obligations or undertakings by such Person: (i) for borrowed money;
(ii) evidenced by bonds, debentures, notes or similar instruments; (iii) pursuant to securitization or factoring programs or arrangements; (iv) pursuant to
guarantees of any Indebtedness of any other Person (other than between or among any of the Company and its wholly owned Subsidiaries); (v) net cash
payment obligations of such Person under swaps, options, derivatives and other hedging Contracts or arrangements that will be payable upon termination
thereof (assuming termination on the date of determination); or (vi) letters of credit and bank guarantees entered into by or on behalf of such Person.
“Intellectual Property” means any and all intellectual property rights or similar proprietary rights arising from or under the Applicable Laws of the
United States or any other jurisdiction, including rights in all of the following: (i) trademarks, service marks, trade names, slogans, logos, brand names,
certification marks, trade dress, domain names, social media identifiers and accounts, and other indications of origin (whether or not registered), the
goodwill associated with the foregoing and registrations in any jurisdiction of, and applications in any jurisdiction to register, the foregoing, including any
extension, modification or renewal of any such registration or application, (ii) inventions, whether patentable or not, all improvements thereto, statutory
invention registrations, utility models, supplementary protection certificates, patents, applications for patents (including divisions, continuations,
continuations in part, provisionals, and renewal applications), and any renewals, reexaminations, substitutions, extensions or reissues thereof, in any
jurisdiction, (iii) Trade Secrets, (iv) copyrightable writings and other copyrightable works, in any jurisdiction, and any and all copyright rights, whether
registered or not, and registrations or applications for registration of copyrights in any jurisdiction, and any renewals, reversions, restorations, derivative
works or extensions in connection with the foregoing, now or hereafter provided by Applicable Law, regardless of the medium of fixation or means of
expression, (v) moral rights, data and database rights, design rights, industrial property rights, publicity rights and privacy rights, (vi) computer software
(including source code, object code, firmware, operating systems and specifications) and (vii) all rights to sue or recover and retain damages and costs and
attorneys’ fees for past, present and future infringement, misappropriation or other violation of any of the foregoing.
“International Plan” means any Employee Plan that is not a U.S. Plan.
“IT Assets” means information technology devices, computers, computer software, firmware, middleware, servers, networks, workstations, routers,
hubs, circuits, switches, data communications lines and all other information technology equipment, and all associated documentation, owned by, or
licensed or leased to, the Company or any of its Subsidiaries, including any and all such assets relating to any Pipelines owned or operated by the
Company or any of its Subsidiaries.
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