Restated Charter means the Company’s Amended and Restated Certificate of Incorporation, as amended and/or restated from time to time.
Restated Agreement means the Original Facility Agreement, as amended by this Agreement, the terms of which are set out in Schedule 2 (Restated Agreement).
Restated Articles means the Amended and Restated Memorandum and Articles of Association of the Company.
Original Partnership Agreement has the meaning set forth in the recitals to this Agreement.
Stock Acquisition Date means the first date of public announcement (which, for purposes of this definition, shall include, without limitation, a report filed pursuant to Section 13(d) under the Exchange Act) by the Company or an Acquiring Person that an Acquiring Person has become such.
Existing LLC Agreement is defined in the recitals to this Agreement.
Existing Agreement has the meaning set forth in the recitals hereto.
Charter Amendment means the Certificate of Amendment to the Certificate of Incorporation, in the form attached hereto as Exhibit D.
Amended and Restated Registration Rights Agreement has the meaning set forth in the Recitals.
Fifth Amendment Effective Date shall have the meaning provided in the Fifth Amendment.
Amendment and Restatement Effective Date means June 28, 2018, the date the amendments and restatements to the Plan of May 7, 2018 are subject to approval by the Company’s stockholders at the Company’s 2018 Annual Meeting.
Permitted Policy Amendment is an amendment, modification, termination or restatement of the Investment Policies, that is either (a) approved in writing by the Administrative Agent (with the consent of the Required Lenders), (b) required by applicable law or Governmental Authority, or (c) not material.
Fourth Amendment Effective Date has the meaning assigned to such term in the Fourth Amendment.
Second Amendment Effective Date has the meaning assigned to such term in the Second Amendment.
Restatement means an accounting restatement to correct the Company’s material noncompliance with any financial reporting requirement under securities laws, including restatements that correct an error in previously issued financial statements (a) that is material to the previously issued financial statements or (b) that would result in a material misstatement if the error were corrected in the current period or left uncorrected in the current period.
Sixth Amendment Effective Date shall have the meaning provided in the Sixth Amendment.
Ninth Amendment Effective Date has the meaning set forth in Section 4 of the Ninth Amendment.
Third Amendment Effective Date shall have the meaning provided in the Third Amendment.
Original Agreement has the meaning set forth in the recitals.
Original LLC Agreement has the meaning set forth in the Recitals.
Original Plan means any defined contribution plan which meets the requirements of Code Section 401 and referred to in Article XII of the Plan.
Stock Acquisition means the purchase or other acquisition by Borrower or any of its Subsidiaries of all of the Equity Interests (by merger, stock purchase or otherwise) of any other Person.
Amendment Effective Date means the date of this Agreement.
Eighth Amendment Effective Date shall have the meaning provided in the Eighth Amendment.
Amending Agreement means the Agreement of which a copy is set out in the Third Schedule to the Iron Ore (Hamersley Range) Agreement Xxx 0000 (which Agreement was approved by the Iron Ore (Hamersley Range) Agreement Act Amendment Act 1968);
First Amendment Effective Date has the meaning assigned to such term in the First Amendment.