Company Shareholder Approval means any approval of the shareholders of the Company required under the Listing Rules or applicable Law (including the Laws of the Companys jurisdiction of incorporation).
EBITDA means Consolidated EBITDA, as defined in the Existing Credit Agreement, or, if the Existing Credit Agreement is of no further force and effect, the definition of Consolidated EBITDA (or, if no such definition, a similar construct) under the credit agreement governing the Companys senior-most credit facility.
Equity Securities means, as applicable, (a) any capital stock, membership interests or other share or equity capital, (b) any securities directly or indirectly convertible into or exchangeable for any capital stock, membership interests or other share or equity capital or containing any profit participation features, (c) any rights or options directly or indirectly to subscribe for or to purchase any capital stock, membership interests, other share or equity capital or securities containing any profit participation features or to subscribe for or to purchase any securities directly or indirectly convertible into or exchangeable for any capital stock, membership interests, other share or equity capital or securities containing any profit participation features, (d) any share appreciation rights, phantom share rights or other similar rights, or (e) any Equity Securities issued or issuable with respect to the securities referred to in clauses (a) through (d) above in connection with a combination of shares, recapitalization, merger, consolidation or other reorganization.
Existing Credit Agreement means the First Lien Credit Agreement, dated as of March 19, 2019, by and among the Company, Dory Intermediate LLC, Dory Acquisition Sub, Inc., the lenders party thereto and Goldman Sachs Lending Partners LLC, as the Administrative Agent and as the Collateral Agent, as such agreement may be further amended, restated, supplemented or otherwise modified or replaced from time to time in accordance with its terms; provided that if the Existing Credit Agreement has been terminated and no other credit agreement is then in effect, then the Existing Credit Agreement shall refer to the Existing Credit Agreement most recently in effect, as in effect at the time of its termination or expiration.
Immediate Family Member means, with respect to any individual, any child, stepchild, parent, stepparent, spouse, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law of such individual, or any Person (other than a tenant or an employee) sharing the household of such individual.
Listing Rules means the listing standards and rules of Nasdaq applicable to the Company (or, if the Companys equity securities are listed on another exchange, such other exchanges listing standards and rules).
L Catterton means Catterton Management Company, L.L.C., a Delaware limited liability company.
Majority SLL Investor Holders means, as of any determination time, the SLL Investor Holders that beneficially own a majority of the Company Common Shares beneficially owned by all of the SLL Investor Holders as of such time.