Legal Definitions Dictionary

Person 522k

Person means any individual, corporation, limited liability company, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.

Business Day 418k

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 409k

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 298k

Subsidiary means a “subsidiary corporation,” whether now or hereafter existing, as defined in Section 424(f) of the Code.

Code 293k

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

Agreement 269k

Agreement has the meaning set forth in the preamble.

Company 266k

Company means the Person named as the “Company” in the first paragraph of this instrument until a successor Person shall have become such pursuant to the applicable provisions of this Indenture, and thereafter “Company” shall mean such successor Person.

Board 249k

Board means the Board of Directors of the Company.

Exchange Act 248k

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

Securities Act 203k

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

Effective Date 173k

Effective Date means the date on which the conditions specified in Section 4.01 are satisfied (or waived in accordance with Section 9.02).

Confidential Information 170k

Confidential Information has the meaning set forth in Section 9.1.

Commission 156k

Commission means the Securities and Exchange Commission.

GAAP 155k

GAAP means generally accepted accounting principles as in effect from time to time in the United States of America.

Plan 154k

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.

Cause 153k

Cause means:

Closing Date 143k

Closing Date means the date of this Agreement.

Event of Default 143k

Event of Default wherever used herein, means any one of the following events (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body):

Contract 142k

Contract means the agreement that results from the acceptance of a bid by an organ of state;

Common Stock 140k

Common Stock means the common stock, par value $0.01 per share, of the Company.