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Person 632k

Person 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 517k

Business Day means any day other than Saturday, Sunday or other day on which commercial banks in The City of New York are authorized or required by law to remain closed.

Affiliate 498k

Affiliate 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 357k

Subsidiary means an entity in which more than 50 percent of the entity is owned�

Code 339k

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

Agreement 339k

Agreement has the meaning set forth in the preamble.

Company 333k

Company has the meaning set forth in the Preamble.

Board 332k

Board means the Board of Directors of the Company.

Exchange Act 297k

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

Securities Act 242k

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

Confidential Information 239k

Confidential Information means any information which is designated by either Party as confidential or which, by its nature is or ought to be considered as confidential (whether or not it is so marked) and includes all Personal Data, all IPRs and any information that relates to the business, affairs, developments, trade secrets, know-how, personnel, and suppliers of either Party.

Contract 228k

Contract 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.

Effective Date 227k

Effective Date has the meaning set forth in the preamble.

Commission 197k

Commission means the Securities and Exchange Commission.

GAAP 186k

GAAP means United States generally accepted accounting principles.

Cause 183k

Cause means:

Plan 178k

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.

Act 174k

Act means the Securities Act of 1933, as amended.

Event of Default 165k

Event of Default has the meaning specified in Section 8.01.

Common Stock 165k

Common Stock means the common stock of the Company.