the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject including, without limitation, all Subject
Instruments.
Covered Entity means any of (i) a covered entity as that term is defined in, and
interpreted in accordance with, 12 C.F.R. § 252.82(b), (ii) a covered bank as that term is defined in, and interpreted in accordance with, 12 C.F.R. § 47.3(b), or (iii) a covered FSI as that term is defined in,
and interpreted in accordance with, 12 C.F.R. § 382.2(b).
Default Right has the meaning assigned to that term in,
and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable.
EDGAR means
the Commissions Electronic Data Gathering, Analysis and Retrieval system.
Existing Credit Agreements means
(i) the Sixth Amended and Restated Credit Agreement dated as of January 19, 2023 by and among the Company, HSBC Bank USA, National Association, as agent, and the other parties thereto and (ii) the Credit Agreement dated as of
January 19, 2023 by and among the Company, Great Rock Capital Partners Management, LLC, as agent, and the other parties thereto, in each case as amended, supplemented or restated, if applicable, including any promissory notes, pledge
agreements, security agreements, mortgages, guarantees and other instruments or agreements entered into by the Company or any of its subsidiaries in connection therewith or pursuant thereto, in each case as amended, supplemented or restated, if
applicable.
FINRA means the Financial Industry Regulatory Authority, Inc.
GAAP means generally accepted accounting principles in the United States of America.
Investment Company Act means the Investment Company Act of 1940, as amended.
Issuer Free Writing Prospectus means any issuer free writing prospectus, as defined in Rule 433, relating to
the Securities that (i) is required to be filed with the Commission by the Company, (ii) is a road show that is a written communication within the meaning of Rule 433(d)(8)(i) whether or not required to be filed
with the Commission, or (iii) is exempt from filing pursuant to Rule 433(d)(5)(i) because it contains a description of the Securities or of the offering that does not reflect the final terms, and all free writing prospectuses that are listed in
Exhibit G hereto, in each case in the form furnished (electronically or otherwise) to the Agents for use in connection with the offering of the Securities.
Lien means any security interest, mortgage, pledge, lien, encumbrance, claim or equity.
NASDAQ means the Nasdaq Global Select Market.
Organizational Documents means (a) in the case of a corporation, its charter and by laws; (b) in the case of a
limited or general partnership, its partnership certificate, certificate of formation or similar organizational document and its partnership agreement; (c) in the case of a limited
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