Acquisition Collateral Assignment definition
Acquisition Collateral Assignment means the Collateral Assignment of Acquisition Documents, dated as of the date hereof, and in form and substance reasonably satisfactory to the Collateral Agent, made by ModusLink, Parent, Initial Borrower and Borrower in favor of the Collateral Agent.
Acquisition Collateral Assignment means the Collateral Assignment of Acquisition Documents, dated as of the date hereof, and in form and substance satisfactory to the Collateral Agent, made by the Borrower in favor of the Collateral Agent. “Acquisition Documents” means the Acquisition Agreement and all other agreements, instruments and other documents related thereto or executed in connection therewith. “Action” has the meaning specified therefor in Section 12.12. “Acquired Business” has the meaning specified therefor in the definition of “Acquisition Assets.” “Acquired Business Audited Financials” means the audited consolidated balance sheet of the Acquired Business and its subsidiaries for (x) the fiscal year ended December 30, 2019, and the related consolidated statement of operations and cash flows for the fiscal year then ended and (y) the fiscal year ended December 30, 2020, and the related consolidated statement of operations and cash flows for the fiscal year then ended, in each case (I) in form and substance reasonably satisfactory to the Required Lenders and (II) prepared in accordance with generally accepted auditing standards, of an independent certified public accountants of recognized standing selected by the Borrower and satisfactory to the Agents (which shall not include (1) any qualification, exception or explanatory paragraph expressing substantial doubt about the ability of the Acquired Business or any of its Subsidiaries to continue as a going concern or any qualification or exception as to the scope of such audit, or (2) any qualification which relates to the treatment or classification of any item and which, as a condition to the removal of such qualification, would require an adjustment to such item, the effect of which would be to cause any noncompliance with the provisions of Section 7.03). “Additional Amount” has the meaning specified therefor in Section 2.09(a). “Adjusted Term SOFR” means, for purposes of any calculation, the rate per annum equal to (a) Term SOFR for such calculation plus (b) the Term SOFR Adjustment. “Administrative Agent” has the meaning specified therefor in the preamble hereto. “Administrative Agent’s Accounts” means one or more accounts designated by the Administrative Agent at a bank designated by the Administrative Agent from time to time as the accounts into which the Loan Parties shall make all payments to the Administrative Agent for the benefit of the Agents and the Lenders under this Agreement and the other Loan Documents. “Affiliate”...