Legal Definitions Dictionary

Person 613k

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 497k

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 479k

Affiliate 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 345k

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

Code 330k

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

Agreement 325k

Agreement has the meaning set forth in the preamble.

Company 324k

Company has the meaning set forth in the Preamble.

Board 323k

Board means the Board of Directors of the Company.

Exchange Act 285k

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

Securities Act 232k

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

Confidential Information 224k

Confidential Information has the meaning set forth in Section 6.1.

Effective Date 216k

Effective Date has the meaning set forth in the preamble.

Contract 214k

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 191k

Commission means the Securities and Exchange Commission.

GAAP 177k

GAAP means United States generally accepted accounting principles in effect from time to time.

Cause 176k

Cause means:

Plan 173k

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 171k

Act means the Securities Act of 1933, as amended.

Event of Default 161k

Event of Default has the meaning specified in Section 8.01.

Common Stock 160k

Common Stock means the common stock of the Company.