Person 525kPerson 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 425kBusiness 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 414kAffiliate 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 304kSubsidiary means a “subsidiary corporation,” whether now or hereafter existing, as defined in Section 424(f) of the Code.
Code 294kCode means the Internal Revenue Code of 1986, as amended.
Company 274kCompany 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 271kAgreement has the meaning set forth in the preamble.
Board 258kBoard means the Board of Directors of the Company.
Exchange Act 252kExchange Act means the Securities Exchange Act of 1934, as amended.
Securities Act 206kSecurities Act means the Securities Act of 1933, as amended.
Effective Date 176kEffective 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 174kConfidential Information has the meaning set forth in Section 9.1.
Commission 159kCommission means the Securities and Exchange Commission.
Plan 155kPlan 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 155kGAAP means generally accepted accounting principles as in effect from time to time in the United States of America.
Cause 155kCause means:
Contract 152kContract means the agreement that results from the acceptance of a bid by an organ of state;
Closing Date 143kClosing Date means the date of this Agreement.
Common Stock 142kCommon Stock means the common stock, par value $0.01 per share, of the Company.
Event of Default 142kEvent 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):