Person 613kPerson 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 497kBusiness 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 479kAffiliate 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 345kSubsidiary means a “subsidiary corporation,” whether now or hereafter existing, as defined in Section 424(f) of the Code.
Code 330kCode means the Internal Revenue Code of 1986, as amended.
Agreement 325kAgreement has the meaning set forth in the preamble.
Company 324kCompany has the meaning set forth in the Preamble.
Board 323kBoard means the Board of Directors of the Company.
Exchange Act 285kExchange Act means the Securities Exchange Act of 1934, as amended.
Securities Act 232kSecurities Act means the Securities Act of 1933, as amended.
Confidential Information 224kConfidential Information has the meaning set forth in Section 6.1.
Effective Date 216kEffective Date has the meaning set forth in the preamble.
Contract 214kContract 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 191kCommission means the Securities and Exchange Commission.
GAAP 177kGAAP means United States generally accepted accounting principles.
Cause 176kCause means:
Plan 173kPlan 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 171kAct means the Securities Act of 1933, as amended.
Event of Default 161kEvent of Default has the meaning specified in Section 8.01.
Common Stock 160kCommon Stock means the common stock of the Company.