Person 584kPerson 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 475kBusiness 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 457kAffiliate 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 331kSubsidiary means an entity in which more than 50 percent of the entity is owned—
Code 317kCode means the Internal Revenue Code of 1986, as amended.
Company 311kCompany has the meaning set forth in the Preamble.
Agreement 310kAgreement has the meaning set forth in the preamble.
Board 305kBoard means the Board of Directors of the Company.
Exchange Act 273kExchange Act means the Securities Exchange Act of 1934, as amended.
Securities Act 223kSecurities Act means the Securities Act of 1933, as amended.
Confidential Information 210kConfidential Information has the meaning set forth in Section 6.1.
Effective Date 203kEffective Date has the meaning set forth in the preamble.
Contract 195kContract means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
Commission 182kCommission means the Securities and Exchange Commission.
Cause 170kCause means:
GAAP 168kGAAP means generally accepted accounting principles in the United States of America as in effect from time to time.
Plan 167kPlan means any employee benefit plan within the meaning of Section 3(3) of ERISA (including a Pension Plan), maintained for employees of the Borrower or any ERISA Affiliate or any such Plan to which the Borrower or any ERISA Affiliate is required to contribute on behalf of any of its employees.
Act 162kAct means the Securities Act of 1933, as amended.
Event of Default 157kEvent of Default has the meaning specified in Section 8.01.
Common Stock 154kCommon Stock means the common stock of the Company.