14703686 9482345 14703686 “Securities Act definition

14703686 9482345 14703686 “Securities Act means the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder. “Security Agreement” has the meaning specified in Section 5.02(i). “Security Agreement Collateral” means all “Collateral” as defined in the Security Agreement. “Security Document” means and includes each of the Security Agreement, the Patent Security Agreement, the Trademark Security Agreement, the Copyright Security Agreement, each Mortgage, each Luxembourg Security Agreement and any other related document, agreement or grant pursuant to which Holdings or any of its Subsidiaries that are Loan Parties grants, perfects or continues a security interest in favor of the Collateral Agent for the benefit of the Secured CreditorsParties. “Senior Secured Leverage Ratio” means the ratio, as of the last day of any Fiscal Quarter, of (i) Consolidated Senior Secured Debt (net of Qualified Cash) as of such day to (ii) Consolidated Adjusted EBITDA for the four Fiscal Quarter period ending on such date. “Significant Subsidiary” means, at any time, each Restricted Subsidiary which represents (a) 10.0% or more of Consolidated Adjusted EBITDA, (b) 10.0% or more of Consolidated Total Assets or (c) 10.0% or more of Consolidated total revenues of Holdings and the Restricted Subsidiaries, in each case as determined at the end of the most recent Fiscal Quarter of Holdings based on the financial statements of Holdings delivered pursuant to Section 6.01(a) and (b) of this Agreement (but excluding from each such calculation the contribution of Unrestricted Subsidiaries). “Solutions” has the meaning specified in the preamble to this Agreement. “Solvent” means, (i) with respect to any Loan Party that is not a Luxembourg Party, that as of the date of determination, (a) the sum of such Loan Party’s debt (including contingent liabilities) does not exceed the present fair saleable value of such Loan Party’s present assets; (b) such Loan Party’s capital is not unreasonably small in relation to its business or with respect to any transaction contemplated to be undertaken; and (c) such Person has not incurred and does not intend to incur, or believe (nor should it reasonably believe) that it shall incur, debts beyond its ability to pay such debts as they become due (whether at maturity or otherwise) and (ii) with respect to any Luxembourg Party, that such Luxembourg Party is able to pay its debts (in particular, it is not in a state of cessation of payments (cessation de paiements) and has no...
Sample 1

Related to 14703686 9482345 14703686 “Securities Act

  • 1933 Securities Act means the Securities Act of 1933 of the United States, as amended, and the rules and regulations thereunder, and any comparable or successor laws or regulations thereto.

  • Securities Act (Ontario) means the Securities Act, R.S.O. 1990, c.S.5, as amended, and the regulations thereunder, unless otherwise specified, as the same exist on the date hereof.

  • U.S. Securities Act means the United States Securities Act of 1933, as amended.

  • Rule 497 refers to Rule 497(c) or 497(h) under the Act, as applicable.

  • Tax Regulations means the United States Treasury Regulations promulgated pursuant to sections 103 and 141 through 150 of the Code. “Yield” of

  • PBR Act means the Plant Breeder’s Rights Xxx 0000 (Cth) as amended from time to time.

  • Investment Company Act of 1940 means the Investment Company Act of 1940, as amended, and the rules and regulations thereunder.

  • the 1981 Act which means the Compulsory Purchase (Vesting Declarations) Act 1981.

  • POPI Act means the Protection of Personal Information Act, 4 of 2013;

  • Rule 482 Statement means a document that contains the number of Securities issued, the offering price and any other items dependent upon the offering price, prepared in accordance with the provisions of Rule 482 of the 1933 Act, a copy of which shall be attached as Schedule D hereto. “Statutory Prospectus” as of any time means the prospectus relating to the Securities that is included in the Registration Statement immediately prior to that time, including any document incorporated by reference therein. Each preliminary prospectus and the prospectus filed as part of the effective Registration Statement or as part of any amendment thereto, or filed pursuant to Rule 497 under the 1933 Act, complied when so filed in all material respects with the Rules and Regulations and each preliminary prospectus and the Prospectus delivered to the Underwriters for use in connection with this offering was identical to the electronically transmitted copies thereof filed with the Commission pursuant to XXXXX, except to the extent permitted by Regulation S-T. If a Rule 462(b) Registration Statement is required in connection with the offering and sale of the Securities, the Fund has complied or will comply with the requirements of Rule 111 under the 1933 Act Rules and Regulations and Rule 3a of the Commission’s Internal and Other Procedures (“Rule 3a”) relating to the payment of filing fees thereof. The Fund, subject to the Registration Statement having been declared effective and the filing of the Prospectus under Rule 497, has taken all required action under the 1933 Act, the 1940 Act, the Securities and Exchange Act of 1934, as amended (the “1934 Act”) and the Rules and Regulations to make the public offering and consummate the sale of the Securities as contemplated by this Agreement.

  • CFTC Regulations means the rules and regulations promulgated by the CFTC, as amended.

  • ACNC Act means the Australian Charities and Not-for-profits Commission Act 2012 (Cth).

  • FOI Act means the Freedom of Information Act 2000 and any subordinate legislation made under that Act or any code issued pursuant to sections 45 or 46 of that Act or any guidance issued by the Information Commissioner;

  • Public Utilities Act means the Illinois Public Utilities Act, 220 ILCS 5.

  • FW Act means the Fair Work Act 2009, as amended from time to time.

  • Federal internal revenue code means the internal revenue code of the United States in effect on the last day of the taxpayer's tax year.

  • Securities Act of 1933 means the United States Securities Act of 1933, as from time to time amended.

  • Solvency II Regulation means Commission Delegated Regulation ((EU No. 2015/35).

  • the 1988 Act means the Local Government Finance Act 1988.

  • the 1973 Act means the Water Act 1973;

  • FAIS Act means the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002);

  • Capital Instruments Regulations means the Delegated Regulation and any other rules or regulations of the Relevant Authority or which are otherwise applicable to the Issuer or the Group (as the case may be and, where applicable), whether introduced before or after the Issue Date of the relevant Series of Notes, which prescribe (alone or in conjunction with any other rules or regulations) the requirements to be fulfilled by financial instruments for their inclusion in the Own Funds to the extent required under the CRD IV Package;

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

  • FMC Act means the Financial Markets Conduct Act 2013.

  • PPPFA Regulations means the Preferential Procurement Regulations, 2017 published in terms of the PPPFA.

  • Federal Book-Entry Regulations means 31 C.F.R. Part 357 et seq. (Department of Treasury).