management of (including the use, storage, recycling, treatment, generation, transportation, processing, handling, labeling, production or disposal of) any Hazardous Materials or (b) that
regulates, imposes liability (including for enforcement, investigatory costs, cleanup, removal or response costs, natural resource damages, contribution, injunctive relief, personal injury or property damage) or establishes standards of care with
respect to any of the foregoing.
Environmental Permits shall mean any Permit required under any applicable Environmental Law.
Equity Commitment Letter shall have the meaning set forth in Section 5.8(a).
Equity Financing shall have the meaning set forth in Section 5.8(a).
ERISA shall mean the Employee Retirement Income Security Act of 1974, as amended from time to time.
ERISA Affiliates shall mean, with respect to any Person or any trade or business, whether or not incorporated, which, together with the
Company or any of its Subsidiaries, is (or at any relevant time has been or would be) treated as a single employer under Section 414 of the Code.
Ex-Im Laws shall mean all applicable Laws and regulations related to the export, re-export, transfer, retransfer, deemed export, or import of goods, services, technology, software, software source code, or any other items, including but not limited to the U.S. Export Administration Regulations
and the International Traffic in Arms Regulations, and the export controls of the European Union and its member states; all other applicable laws and regulations governing exports, imports, and customs, except to the extent inconsistent with U.S.
law; and U.S. anti-boycott laws and regulations.
Exchange Act shall mean the Securities Exchange Act of 1934, as amended.
Excluded Information shall have the meaning set forth in the definition of Required Financial Information.
Existing Facility 3.700% Notes shall have the meaning set forth in the definition of Section 6.17.
Existing 4.950% Notes shall have the meaning set forth in Section 6.17.
Existing Credit Facilities shall mean, collectively, (a) the Third Amended and Restated Revolving Credit Agreement, dated as of
May 15, 2019, among the Company, certain subsidiaries of the Company from time to time party thereto, Bank of America, N.A., as administrative agent and the lenders from time to time party thereto and (b) the Term Loan Credit Agreement,
dated as of August 2, 2019, among the Company, Mizuho Bank, Ltd., as administrative agent and the lenders from time to time party thereto, in each case as in effect from time to time.
Existing Indenture shall have the meaning set forth in Section 6.17.
Existing Receivables Securitization Program shall mean the Amended and Restated Transfer and Administration Agreement, dated as of
August 8, 2017 among Tech Data Finance SPV, Inc., the Company and The Bank of Nova Scotia, as in effect from time to time.
FBCA
shall mean the Florida Business Corporation Act (Chapter 607, Florida Statutes), as amended from time to time.
FATA shall mean the
Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeover Regulations 2015.
Financing shall have the
meaning set forth in Section 5.8(b).
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