Person 591kPerson 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 480kBusiness 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 463kAffiliate 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 335kSubsidiary means a “subsidiary corporation,” whether now or hereafter existing, as defined in Section 424(f) of the Code.
Code 321kCode means the Internal Revenue Code of 1986, as amended.
Company 313kCompany has the meaning set forth in the Preamble.
Agreement 312kAgreement has the meaning set forth in the preamble.
Board 308kBoard means the Board of Directors of the Company.
Exchange Act 277kExchange Act means the Securities Exchange Act of 1934, as amended.
Securities Act 226kSecurities Act means the Securities Act of 1933, as amended.
Confidential Information 212kConfidential Information has the meaning set forth in Section 6.1.
Effective Date 205kEffective Date has the meaning set forth in the preamble.
Contract 198kContract 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 183kCommission means the Securities and Exchange Commission.
Cause 173kCause means:
GAAP 171kGAAP means generally accepted accounting principles as in effect from time to time 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 162kAct means the Securities Act of 1933, as amended.
Event of Default 158kEvent of Default wherever used herein, means any one of the following events (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body):
Common Stock 156kCommon Stock means the common stock of the Company.