Person means any individual, corporation, limited liability company, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
Business Day 425k
Business Day means any day except any Saturday, any Sunday, any day which is a federal legal holiday in the United States or any day on which banking institutions in the State of New York are authorized or required by law or other governmental action to close.
Affiliate of any specified Person means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.
Subsidiary means a “subsidiary corporation,” whether now or hereafter existing, as defined in Section 424(f) of the Code.
Code means the Internal Revenue Code of 1986, as amended.
Company means the Person named as the “Company” in the first paragraph of this instrument until a successor Person shall have become such pursuant to the applicable provisions of this Indenture, and thereafter “Company” shall mean such successor Person.
Agreement has the meaning set forth in the preamble.
Board means the Board of Directors of the Company.
Exchange Act 252k
Exchange Act means the Securities Exchange Act of 1934, as amended.
Securities Act 206k
Securities Act means the Securities Act of 1933, as amended.
Effective Date 176k
Effective Date means the date on which the conditions specified in Section 4.01 are satisfied (or waived in accordance with Section 9.02).
Confidential Information 174k
Confidential Information has the meaning set forth in Section 9.1.
Commission means the Securities and Exchange Commission.
Plan means any employee pension benefit plan (other than a Multiemployer Plan) subject to the provisions of Title IV of ERISA or Section 412 of the Code or Section 302 of ERISA, and in respect of which the Borrower or any ERISA Affiliate is (or, if such plan were terminated, would under Section 4069 of ERISA be deemed to be) an “employer” as defined in Section 3(5) of ERISA.
GAAP means generally accepted accounting principles as in effect from time to time in the United States of America.
Contract means the agreement that results from the acceptance of a bid by an organ of state;
Closing Date 143k
Closing Date means the date of this Agreement.
Common Stock 142k
Common Stock means the common stock, par value $0.01 per share, of the Company.
Event of Default 142k
Event of Default wherever used herein, means any one of the following events (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body):