Casualty Event means the damage, destruction or condemnation, as the case may be, of any property of any Obligor.
Certain Funds Provision has the meaning set forth in Section 6.01(j).
Change of Control means any transaction, or any series of related transactions, by which any Person directly or indirectly, by means of a tender offer, amalgamation, consolidation, merger, purchase of assets, or similar transaction having the same effect as any of the foregoing, (i) acquires ownership, directly or indirectly, beneficially or of record, by any Person or group of Persons acting jointly or otherwise in concert of Equity Interests of the Borrower having more than forty percent (40%) or more of the Equity Interests of the Borrower entitled to vote for members of the Board of the Borrower, determined on a fully diluted, as-if converted or exercised, basis, or (ii) the sale of all or substantially all of the property of the business of the Borrower and its Subsidiaries, taken as a whole.
Claim means any claim, demand, complaint, grievance, action, application, suit, cause of action, order, charge, indictment, prosecution, information (brought by a public prosecutor without grand jury indictment) or other similar process, assessment or reassessment, whether made, converted or assessed in connection with a debt, liability, dispute, breach, failure or otherwise.
Closing Date means October 2, 2020.
Closing Date Lender has the meaning set forth in the preamble hereto.
Code means the U.S. Internal Revenue Code of 1986.
Collateral means any asset or property of an Obligor in which a Lien is purported to be granted under any Loan Document, including future acquired or created assets or property (or all such assets or property, as the context may require).
Commercialization and Development Activities means, with respect to any product or service offered by the Borrower and its Subsidiaries, any combination of research, development, manufacturing, quality compliance, use, sale, licensing, importation, exportation, shipping, storage, handling, designing, labeling, marketing, promotion, supply, dispensing, distribution, testing, packaging, purchasing or other commercialization activity.
Commitment means, with respect to each Lender, the obligation of such Lender to make a Loan to the Borrower on the Closing Date in accordance with the terms and conditions of this Agreement, which commitments are in the amounts set forth opposite such Lenders name on Schedule 1 hereto, as such Schedule may be amended from time to time pursuant to an Assignment and Assumption or otherwise; provided that the aggregate Commitments of all Lenders on the Closing Date equal $200,000,000.
Commodity Account means any commodity account, as such term is defined in Section 9-102 of the NY UCC.