Board means the board of directors of the Company.
Business Day means any day except a Saturday, a Sunday or other day on which the SEC or banking institutions in New York, New York or San Francisco, California are authorized or required by law, regulation or executive order to be closed.
Bylaws means the Amended and Restated Bylaws of the Company, as may be amended and restated from time to time.
Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of the Company, as may be amended and restated from time to time.
Common Stock means the common stock, par value $0.01 per share, of the Company.
Company has the meaning set forth in the preamble.
Company Term Loan Credit Agreement means the Term Loan Credit Agreement, dated as of December 15, 2017, by and among Avaya Inc., the Company, Goldman Sachs Bank USA, as administrative agent and collateral agent, the subsidiary guarantors party thereto and each lender from time to time party thereto, and all pledge, security and other agreements and documents related thereto.
Company ABL Credit Agreement means the ABL Credit Agreement, dated as of December 15, 2017, among Avaya Inc., the Company, Avaya Canada Corp., Avaya UK, Avaya International Sales Limited, Avaya Deutschland GmbH, Avaya GmbH & Co. KG, Citibank, N.A. as collateral agent and administrative agent, the lending institutions from time to time party thereto and the lending institutions named therein as letters of credit issuers and swing line lenders, and all pledge, security and other agreements and documents related thereto.
Competitor means any Person set forth on Schedule 1 or any of their controlled Affiliates or any successor the businesses of such Persons, which Schedule 1 may be updated by mutual agreement of the Company and Investor on an annual basis, it being understood that neither party hereto shall unreasonably withhold, condition or delay its consent with respect thereto.
Contract means any written or oral contract, subcontract, note, bond, mortgage, indenture, lease, license, sublicense, or other agreement, understanding, or arrangement.
Demand Shelf Takedown Notice has the meaning specified in Section 3(a)(iii).
Disclosure Package means, with respect to any offering of securities, (i) the preliminary Prospectus, (ii) the price to the public and the number of securities included in the offering; (iii) each Free Writing Prospectus and (iv) all other information that is deemed, under Rule 159 promulgated under the Securities Act, to have been conveyed to purchasers of securities at the time of sale of such securities (including a contract of sale).
Director means a member of the Board until such individuals death, disability, disqualification, resignation, or removal.
Effective Date has the meaning set forth in the preamble.