Defined Term. As used in this Agreement, the term “Albany” means, individually and collectively, Albany, each subsidiary and affiliate of Albany, and their respective employee welfare benefit plans, employee pension benefit plans, successors and assigns, as well as all present and former shareholders, directors, officers, fiduciaries, agents, representatives and employees of those companies and other entities.
Defined Term. For purposes of this Section 3.01, the term “applicable Law” includes FATCA and the term “Lender” includes any L/C Issuer.
Defined Term. As used in this Agreement, the following terms have the meanings specified below:
Defined Term. For purposes of this Section 19, “Qualified ECP Guarantor” shall mean, in respect of any Swap Obligation, each Loan Party that has total assets exceeding $10,000,000 at the time the relevant Guaranty or grant of the relevant security interest becomes effective with respect to such Swap Obligation or such other person as constitutes an “eligible contract participant” under the Commodity Exchange Act or any regulations promulgated thereunder and can cause another person to qualify as an “eligible contract participant” at such time by entering into a keepwell under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.
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Defined Term. For purposes of this Agreement, the term “Stockholder Designee” shall mean an individual that is (i) designated by holders of a majority of the shares of Common Stock held by all Stockholders and Other Stockholders and (ii) is reasonably determined by a majority of the Board (not including any Stockholder Designee and any other member of the Board that is an Affiliate of any Stockholder or Other Stockholder) (the “Independent Directors”) to be “independent” under applicable securities laws and applicable stock exchange rules and regulations (or, if the Common Stock is not listed on a stock exchange, any rules or regulations of any market on which the Common Stock is listed or traded).
Defined Term. For purposes of this Agreement, the term “Termination Date” shall mean the earliest to occur of (i) 11:59 pm (Boston time) on the date on which the Proposals are approved by the stockholders of NMS, or (ii) the date on which the Purchase Agreement is terminated in accordance with its terms, or (iii) 11:59 pm (Boston time) on December 10, 2008.
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