Person means an individual or corporation, partnership, trust, incorporated or unincorporated association, joint venture, limited liability company, joint stock company, government (or an agency or subdivision thereof) or other entity of any kind.
Business Day 468k
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 means any Person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a Person, as such terms are used in and construed under Rule 405 under the Securities Act.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
Code means the Internal Revenue Code of 1986, as amended.
Company has the meaning set forth in the Preamble.
Agreement has the meaning set forth in the preamble.
Board means the Board of Directors of the Company.
Exchange Act 271k
Exchange Act means the Securities Exchange Act of 1934, as amended.
Securities Act 221k
Securities Act means the Securities Act of 1933, as amended.
Confidential Information 204k
Confidential Information has the meaning set forth in Section 6.1.
Effective Date 197k
Effective Date has the meaning set forth in the preamble.
Contract means the agreement that results from the acceptance of a bid by an organ of state;
Commission means the Securities and Exchange Commission.
GAAP means generally accepted accounting principles in the United States.
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.
Act means the Securities Act of 1933, as amended.
Event of Default 156k
Event of Default has the meaning specified in Section 8.01.
Common Stock 153k
Common Stock means the common stock of the Company, par value $0.001 per share, and any other class of securities into which such securities may hereafter be reclassified or changed.