Person 586kPerson means any natural person, corporation, limited liability company, trust, joint venture, association, company, partnership, Governmental Authority or other entity.
Business Day 476kBusiness 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 458kAffiliate 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 332kSubsidiary means an entity in which more than 50 percent of the entity is owned—
Code 318kCode means the Internal Revenue Code of 1986, as amended.
Company 311kCompany has the meaning set forth in the Preamble.
Agreement 308kAgreement has the meaning set forth in the preamble.
Board 306kBoard means the Board of Directors of the Company.
Exchange Act 275kExchange Act means the Securities Exchange Act of 1934, as amended.
Securities Act 224kSecurities Act means the Securities Act of 1933, as amended.
Confidential Information 209kConfidential Information has the meaning set forth in Section 6.1.
Effective Date 203kEffective Date has the meaning set forth in the preamble.
Contract 197kContract 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 United States Securities and Exchange Commission.
Cause 171kCause means:
GAAP 169kGAAP means generally accepted accounting principles in the United States of America.
Plan 168kPlan 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 161kAct means the Securities Act of 1933, as amended.
Event of Default 157kEvent of Default has the meaning specified in Section 8.01.
Common Stock 155kCommon Stock means the common stock of the Company.