restrictions, (D) pledges or deposits in connection with workers compensation, unemployment insurance, and other social security legislation, (E) Liens relating to intercompany
borrowings among the Company and its wholly owned (direct or indirect) Subsidiaries, the Company Credit Agreement, or any other existing indebtedness of the Company or its Subsidiaries, (F) Real Property easements, rights-of-way, leases, encroachments, restrictions, rights, servitudes, encumbrances, conditions or imperfections of title or other matters of a similar nature and other
similar Liens, which, individually and in the aggregate, do not materially impair the present use of the Real Property or otherwise materially impair the present business operations at the Real Property, (G) purchase money Liens or Liens under
capital lease arrangements, (H) licenses of Intellectual Property, (I) Liens disclosed in the Company Financial Statements or in the Parent Financial Statements, as applicable, or (J) other
non-monetary Liens that do not, individually or in the aggregate, materially interfere with the present use, or materially detract from the value of, the property encumbered thereby.
(liv) Personal Data shall mean any information about an identifiable natural person that is defined as
personal data, personally identifiable information, biometric information, nonpublic personal information, protected health information, individually identifiable health
information, protected health information or personal information under any applicable Law relating to privacy, data protection, or information security.
(lv) Real Property means any lands, buildings, structures and other improvements, together with all fixtures
attached or appurtenant to the foregoing, and all easements, covenants, hereditaments and appurtenances that benefit the foregoing.
(lvi) Subsidiary means, with respect to any person, any corporation, partnership, association, trust or
other form of legal entity of which (A) fifty percent (50%) or more of the voting power of the outstanding voting securities are directly or indirectly owned by such person or (B) such person or any Subsidiary of such person is a general
partner.
(lvii) Takeover Laws means any moratorium, control share acquisition,
fair price, supermajority, affiliate transactions, or business combination statute or regulation or other similar state anti-takeover laws and regulations (including, as applicable, DGCL 203 and
Subchapter F of Chapter 25 of Pennsylvania Law).
(lviii) Tax or Taxes means any and
all U.S. federal, state, local or non-U.S. taxes, imposts, levies, duties, fees or other similar governmental assessments, including all net income, gross receipts, capital, sales, use, ad valorem, value
added, transfer, franchise, profits, inventory, capital stock, license, withholding, payroll, employment, social security, unemployment, excise, severance, stamp, occupation, property and estimated taxes, escheat, customs duties and other taxes of
any kind whatsoever, including any and all interest, penalties, additions to tax or additional amounts imposed by any Governmental Entity in connection with respect thereto.
(lix) Tax Return means any report, return, refund, claim, election, statement, estimate, disclosure,
document, declaration or information report or return filed or required to be filed with or supplied or required to be supplied to a Taxing Authority (including any amendments thereto and including any attachment, schedule or statement thereto).
(lx) Taxing Authority means any Governmental Entity exercising any authority to determine, impose,
regulate, collect, levy, assess, enforce or administer any Tax.
(lxi) Top Company Customer means one of
the 14 largest customers and resellers of the Company and its Subsidiaries by revenue for the fiscal year ended October 3, 2020.
(lxii) Top Company Vendor means one of the 10 largest vendors, suppliers and third-party service providers
to the Company and its Subsidiaries by expenditure for the fiscal year ended October 3, 2020.
(lxiii) Top
Parent Customer means one of the 14 largest customers and resellers of Parent and its Subsidiaries by revenue for the fiscal year ended June 30, 2020.
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