Legal Definitions Dictionary

Person 498k

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 415k

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 391k

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 291k

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

Company 269k

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.

Agreement 263k

Agreement has the meaning set forth in the preamble.

Exchange Act 245k

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

Board 240k

Board means the Board of Directors of the Company.

Securities Act 199k

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

Confidential Information 162k

Confidential Information has the meaning set forth in Section 9.1.

Effective Date 162k

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

GAAP 153k

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

Commission 151k

Commission means the Securities and Exchange Commission.

Plan 150k

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 148k

Cause means:

Event of Default 144k

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):

Closing Date 140k

Closing Date means the date of this Agreement.

Common Stock 137k

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

Lien 132k

Lien means, with respect to any asset, (a) any mortgage, deed of trust, lien, pledge, hypothecation, encumbrance, charge or security interest in, on or of such asset, (b) the interest of a vendor or a lessor under any conditional sale agreement, capital lease or title retention agreement (or any financing lease having substantially the same economic effect as any of the foregoing) relating to such asset and (c) in the case of securities, any purchase option, call or similar right of a third party with respect to such securities.