Legal Definitions Dictionary

Person 638k

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 525k

Business Day means any day other than Saturday, Sunday or other day on which commercial banks in The City of New York are authorized or required by law to remain closed.

Affiliate 507k

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 362k

Subsidiary means a “subsidiary corporation,” whether now or hereafter existing, as defined in Section 424(f) of the Code.

Agreement 343k

Agreement has the meaning set forth in the preamble.

Code 341k

Code means the Internal Revenue Code of 1986, as amended.

Company 334k

Company has the meaning set forth in the Preamble.

Board 331k

Board means the Board of Directors of the Company.

Exchange Act 303k

Exchange Act means the Securities Exchange Act of 1934, as amended.

Securities Act 247k

Securities Act means the Securities Act of 1933, as amended.

Confidential Information 244k

Confidential Information means any information which is designated by either Party as confidential or which, by its nature is or ought to be considered as confidential (whether or not it is so marked) and includes all Personal Data, all IPRs and any information that relates to the business, affairs, developments, trade secrets, know-how, personnel, and suppliers of either Party.

Effective Date 229k

Effective Date has the meaning set forth in the preamble.

Contract 226k

Contract 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 200k

Commission means the Securities and Exchange Commission.

GAAP 190k

GAAP means United States generally accepted accounting principles.

Cause 185k

Cause means:

Plan 176k

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 172k

Act means the Securities Act of 1933, as amended.

Event of Default 168k

Event of Default has the meaning specified in Section 8.01.

Common Stock 167k

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.