Person 604kPerson 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 490kBusiness 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 472kAffiliate means any Person that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a Person, as such terms are used in and construed under Rule 405 under the Securities Act.
Subsidiary 341kSubsidiary means an entity in which more than 50 percent of the entity is owned—
Code 326kCode means the Internal Revenue Code of 1986, as amended.
Agreement 320kAgreement has the meaning set forth in the preamble.
Company 320kCompany has the meaning set forth in the Preamble.
Board 317kBoard means the Board of Directors of the Company.
Exchange Act 281kExchange Act means the Securities Exchange Act of 1934, as amended.
Securities Act 230kSecurities Act means the Securities Act of 1933, as amended.
Confidential Information 219kConfidential Information has the meaning set forth in Section 6.1.
Effective Date 211kEffective Date has the meaning set forth in the preamble.
Contract 206kContract 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 188kCommission means the Securities and Exchange Commission.
Cause 175kCause means:
GAAP 174kGAAP means United States generally accepted accounting principles.
Plan 171kPlan 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 167kAct means the Securities Act of 1933, as amended.
Event of Default 160kEvent of Default has the meaning specified in Section 8.01.
Common Stock 158kCommon Stock means the common stock of the Company.