Company Notes Indenture
means, collectively, the indenture, dated
November 1, 2006, between the Company and Wells Fargo, National Association, as trustee, as supplemented by the supplemental indenture no. 6, dated February 24, 2015, among the Company, the Guarantors named therein and U.S. Bank
National Association, as successor trustee and the supplemental indenture no. 7, dated May 15, 2017, among the Company, the Guarantors named therein and U.S. Bank National Association, as successor trustee.
Competition Law
means any Law, including the HSR Act, the Clayton Act of 1914, as amended, the Sherman Antitrust Act of
1890, as amended, the Federal Trade Commission Act, as amended, and all other applicable Laws that prohibit, restrict or regulate actions having an anticompetitive effect or purpose, including competition, restraint of trade, anti-monopolization,
merger control or antitrust Laws.
Constituent Documents
means, with respect to any entity, its certificate or articles
of incorporation, bylaws and any similar charter, shareholders, shareholders rights, limited liability company, limited partnership, joint venture or similar agreement, or other organizational or governing documents of such entity.
Contract
means any legally binding contract, agreement, lease, sublease, license, sublicense, commitment, understanding,
warranty, guaranty, mortgage, note, bond, option, warrant or other legally binding arrangement, in each case, whether written or oral.
DGCL
means the General Corporation Law of the State of Delaware, as amended.
Environmental Law
means any Law relating to the environment, natural resources, pollutants, contaminants or, to the extent
relating to exposure to Hazardous Substances, public health and safety, including any Law pertaining to (a) treatment, storage, disposal, generation and transportation of Hazardous Substances, (b) air, water and noise pollution,
(c) groundwater or soil contamination, (d) the Release or threatened Release into the environment of Hazardous Substances, including emissions, discharges, injections, spills, escapes or dumping into the environment of pollutants,
contaminants or chemicals, (e) the manufacture, processing, use, distribution, treatment, storage, disposal, transportation or handling of Hazardous Substances, (f) underground and other storage tanks or vessels, abandoned, disposed or
discarded barrels, containers and other closed receptacles that were used to contain Hazardous Substances, or (g) the protection of natural resources, wildlife, marine sanctuaries and wetlands, including endangered and threatened species.
Environmental Permit
means any Permit required pursuant to any applicable Environmental Law.
Equity Right
means, with respect to any Person, any Security or obligation convertible into or exercisable or exchangeable
for, or giving any Person any right to subscribe for or acquire, or any option, call, restricted stock, deferred stock award, stock unit, phantom award, dividend equivalent, or any stock appreciation right or other instrument the value
of which is determined in whole or in part by reference to the market price or value of, shares of capital stock or earnings of such Person.
ERISA
means the Employee Retirement Income Security Act of 1974, as amended, and the rules and regulations promulgated
thereunder.
ERISA Affiliate
means, with respect to any entity, any trade or business, whether or not incorporated,
that together with such entity and its Subsidiaries would be deemed a single employer within the meaning of Section 4001 of ERISA.
Exchange Act
means the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.
Financial Statements
means the consolidated financial statements of the Company and the Company Subsidiaries included
in the SEC Documents.
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