Foreign Plan has the meaning assigned in Section 5.9(c).
Foreign Subsidiary means a Subsidiary that is not a Domestic Subsidiary.
Fund means any Person (other than a natural Person) that is (or will be) engaged in making, purchasing, holding or otherwise investing in commercial loans and similar extensions of credit in the ordinary course of its activities.
FX Contract means any foreign exchange contract by and between Borrower and Bank or any of Banks Affiliates under which Borrower commits to purchase from or sell to Bank or such Affiliate a specific amount of Foreign Currency on a specified date.
GAAP means generally accepted accounting principles, consistently applied, as in effect from time to time in the United States.
Governmental Authority means any nation or government, any state or other political subdivision thereof, any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative functions of or pertaining to government, any securities exchange and any self-regulatory organization.
Guarantor means (a) AvePoint Public Sector, (b) AvePoint Holdings USA, LLC, a Virginia limited liability company, and (c) each other Domestic Subsidiary that shall be required to execute and deliver a guaranty or guaranty supplement pursuant to Section 6.10.
Guaranty means (a) the Guaranty, dated as of the date hereof, by certain of the Guarantors in favor of Bank, (b) that certain Limited Guaranty, dated as of the Combination Effective Date, by Holdings in favor of Bank, and (c) each other guaranty entered into pursuant to Section 6.10 from time to time, in each case as amended, restated, supplemented or otherwise modified from time to time.
Holdings means AvePoint, Inc., a Delaware corporation and formerly known as Apex Technology Acquisition Corp.
Indebtedness means (a) all indebtedness for borrowed money or the deferred purchase price of property or services, including without limitation reimbursement and other obligations with respect to surety bonds and letters of credit, (b) all obligations evidenced by notes, bonds, debentures or similar instruments, (c) all capital lease obligations, and (d) all Contingent Obligations.
Indemnified Tax has the meaning assigned in Section 2.8(a).
Insolvency Proceeding means any proceeding commenced by or against any Person or entity under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law of any jurisdiction, including assignments for the benefit of creditors, formal or informal moratoria, compositions, extension generally with its creditors, or proceedings seeking reorganization, arrangement, or other relief.