Terms Defined Above and in the Recitals. As used in this Subordination Agreement, the following terms shall have the following meanings: "Bankruptcy Code" means the United States Bankruptcy Code, 11 U.S.C. § 101, et seq., as amended and in effect from time to time, and any successor statute and all rules and regulations promulgated thereunder. "Capital Stock" means (a) with respect to any Person that is a corporation, any and all shares, interests, participations or other equivalents (however designated and whether or not voting) of corporate stock, and (b) with respect to any Person that is not a corporation, any and all partnership, membership or other equity or other ownership interests of such Person.
Appears in 2 contracts
Samples: Intercreditor and Subordination Agreement (Appgate, Inc.), Intercreditor and Subordination Agreement (Appgate, Inc.)
Terms Defined Above and in the Recitals. As used in this Subordination Agreement, the following terms shall have the following meanings: "“Bankruptcy Code" ” means the United States Bankruptcy Code, 11 U.S.C. § 101, et seq., as amended and in effect from time to time, and any successor statute and all rules and regulations promulgated thereunder. "“Capital Stock" ” means (a) with respect to any Person that is a corporation, any and all shares, interests, participations or other equivalents (however designated and whether or not voting) of corporate stock, and (b) with respect to any Person that is not a corporation, any and all partnership, membership or other equity or other ownership interests of such Person.
Appears in 2 contracts
Samples: Execution Version Intercreditor and Subordination Agreement (Appgate, Inc.), Supplemental Agreement (Appgate, Inc.)