Closing Date means the first date all the conditions precedent in
Section 4.01 are satisfied or waived in accordance with Section 10.01.
Acquisition has the meaning specified in the Preliminary Statements.
Closing Date Acquisition Agreement
means that certain Stock Purchase Agreement, dated as of August 17, 2015, by and among the Borrower, the Company and the Seller.
Closing Date Consolidated Net Leverage Ratio means 4.77:1.00.
Code means the Internal Revenue Code of 1986.
Collateral means all of the Collateral and Mortgaged Property or Trust
Property or other similar term referred to in the Collateral Documents and all of the other property that is or is intended under the terms of the Collateral Documents to be subject to Liens in favor of the Administrative Agent for the
benefit of the Secured Parties.
Collateral Documents means, collectively, the Security Agreement, the Intellectual
Property Security Agreements, the Mortgages, each of the mortgages, collateral assignments, Security Joinder Agreements, security agreements, pledge agreements or other similar agreements delivered to the Administrative Agent pursuant to
Section 6.12, and each of the other agreements, instruments or documents that creates or purports to create a Lien in favor of the Administrative Agent for the benefit of the Secured Parties.
Commitment means a Term Commitment or a Revolving Credit Commitment, as the context may require.
Commitment Fee has the meaning specified in Section 2.09(a).
Committed Loan Notice means a notice of (a) a Term Borrowing, (b) a Revolving Credit Borrowing, (c) a
conversion of Loans from one Type to the other, or (d) a continuation of Eurodollar Rate Loans, pursuant to Section 2.02(a), which, if in writing, shall be substantially in the form of Exhibit A or such other form as may be
approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system, as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the Borrower.
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.
Company has the meaning specified in the Preliminary Statements.
Company Audited Financial Statements means the audited consolidated balance sheet of the Company and its Subsidiaries for
the fiscal years ended December 31, 2012, December 31, 2013 and December 31, 2014, and the related consolidated statements of income or operations, shareholders equity and cash flows for such fiscal year of the Company and
its Subsidiaries, including the notes thereto.