Legal Definitions Dictionary

Person 648k

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 535k

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 516k

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 368k

Subsidiary means any subsidiary of the Company and shall, where applicable, also include any direct or indirect subsidiary of the Company formed or acquired after the date hereof.

Agreement 348k

Agreement has the meaning set forth in the preamble.

Code 346k

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

Company 339k

Company shall have the meaning given in the Preamble.

Board 335k

Board means the Board of Directors of the Company.

Exchange Act 311k

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

Securities Act 253k

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

Confidential Information 247k

Confidential Information means any information which is designated by either Party as confidential or which, by its nature is or ought to be considered as confidential (whether or not it is so marked) and includes all Personal Data, all IPRs and any information that relates to the business, affairs, developments, trade secrets, know-how, personnel, and suppliers of either Party.

Effective Date 231k

Effective Date has the meaning set forth in the preamble.

Contract 227k

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 204k

Commission means the United States Securities and Exchange Commission.

GAAP 194k

GAAP means generally accepted accounting principles in the United States.

Cause 188k

Cause means:

Plan 178k

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 173k

Act means the Securities Act of 1933, as amended.

Event of Default 171k

Event of Default has the meaning specified in Section 8.01.

Common Stock 170k

Common Stock means the common stock of the Company.