1.1.37. Conus. "Conus" means Conus Communications Company Limited
Partnership, a Minnesota limited partnership.
1.1.38. Conus Partnership Interests. "Conus Partnership Interests"
means, collectively, all of the limited partnership interests, profits
interests and capital interests in Conus owned by Seller or any of its
Affiliates, together with all rights associated with such interests or accruing
to the holders of such interests.
1.1.39. DOJ. "DOJ" means the United States Department of Justice and
any successor thereto.
1.1.40. Employee. "Employee" has the meaning ascribed to such term in
1.1.41. Employee Plan. "Employee Plan" has the meaning ascribed to
such term in Section 5.1.14(a).
1.1.42. Engineer. "Engineer" has the meaning ascribed to such term in
1.1.43. Environmental Damages. "Environmental Damages" means any and
all Liabilities which are incurred at any time as a result of (a) the existence
at or prior to Closing of Hazardous Materials upon, about or beneath the Real
Property or migrating from the Real Property, in each case in violation of any
Environmental Requirement, or (b) the occurrence or existence on or prior to
the Closing Date of a violation of Environmental Requirements pertaining to the
1.1.44. Environmental Requirements. "Environmental Requirements"
means all provisions, requirements, limitations, restrictions, conditions,
standards, prohibitions, obligations, schedules and timetables contained in any
Law (including any notice or demand letter issued, entered, promulgated or
approved thereunder) applicable to Seller, Blue Ridge, the HT Joint Venture,
the Purchased Assets, the Blue Ridge Assets, the HT Joint Venture Assets or the
Real Property that relates to the protection of human health or the
environment, in each case as in effect on the date hereof or the Closing Date,
as applicable, including: (a) all such provisions, requirements and other
matters pertaining to reporting, licensing, permitting, investigation or
remediation of emissions, discharges, releases or threatened releases of
Hazardous Materials; and (b) all such provisions, requirements and other
matters pertaining to the protection of the health and safety of employees or
1.1.45. ERISA. "ERISA" means the Employee Retirement Income Security
Act of 1974, as amended, and all rules and regulations promulgated thereunder.