Closing Date means December 14, 2021.
Code means the Internal Revenue Code of 1986, as amended.
Commodity Exchange Act means the Commodity Exchange Act (7 U.S.C. § 1 et seq.), as amended from time to time,
and any successor statute.
Consolidated Total Assets means, at any time, the total assets of the Company and its
Subsidiaries determined on a consolidated basis at such time in accordance with GAAP.
Control means the possession,
directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ability to exercise voting power, by contract or otherwise. Controlling and
Controlled have meanings correlative thereto.
Credit Agreement means the credit agreement, dated as
of September 29, 2020, among the Company, the guarantors from time to time party thereto, Bank of America, N.A. as administrative agent, and the other parties from time to time party thereto, together with all amendments, modifications,
amendments and restatements and supplements thereto.
Credit Facilities means, one or more debt facilities (including,
without limitation, the Credit Agreement), commercial paper facilities or indentures, in each case with banks or other lenders or a trustee, providing for revolving credit loans, term loans, receivables financing (including through the sale of
receivables to such lenders or to special purpose entities formed to borrow from such lenders against such receivables), letters of credit or issuances of notes, in each case, as amended, restated, modified, renewed, refunded, replaced or refinanced
in whole or in part from time to time.
Default means any event or condition that constitutes an Event of Default or
that, with the giving of any notice, the passage of time, or both, would be an Event of Default.
Domestic Subsidiary
means a Subsidiary that is not a Foreign Subsidiary.
Exchange Act means the Securities Exchange Act of 1934, as
amended.
Fitch means Fitch Ratings, Inc. and its successors.
Foreign Subsidiary means (i) any Subsidiary that is organized under the laws of a jurisdiction other than the United
States, a State thereof or the District of Columbia and any direct or indirect Subsidiary of such Subsidiary, and (ii) any Person substantially all of whose assets consist of equity interests and/or indebtedness of one or more Foreign
Subsidiaries and any other assets incidental thereto.
GAAP means generally accepted accounting principles in the
United States of America as in effect as of the Closing Date, including those set forth in:
(1) the opinions and
pronouncements of the Accounting Principles Board of the American Institute of Certified Public Accountants,
(2)
statements and pronouncements of the Public Company Accounting Oversight Board,
(3) such other statements by such other
entities as approved by a significant segment of the accounting profession, and
(4) the rules and regulations of the SEC
governing the inclusion of financial statements (including pro forma financial statements) in periodic reports required to be filed pursuant to Section 13 of the Exchange Act, including opinions and pronouncements in staff accounting bulletins
and similar written statements from the accounting staff of the SEC;
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