seller of such asset, (iii) trade accounts payable, deferred revenues, liabilities associated with customer prepayments and deposits and other accrued obligations (including transfer pricing and accruals for payroll and other operating expenses), in each case, incurred in the ordinary course of business, (iv) operating leases (including, without limitation, real property leases that, pursuant to GAAP, would not be classified and accounted for as a balance sheet liability), (v) customary obligations under employment agreements and deferred compensation and (vi) prepaid or deferred revenue and deferred tax liabilities. Notwithstanding the foregoing, for purposes of this Agreement, all leases of Issuer and its Subsidiaries that are treated as operating leases for purposes of GAAP as of December 31, 2018, shall continue to be accounted for as operating leases and not as capital lease obligations regardless of any change to GAAP following such date which would require otherwise; provided that nothing in this sentence shall affect Issuers financial reporting obligations as set forth in the Note Documents.
Insolvency Proceeding means any proceeding by or against any Person under the United States Bankruptcy Code, or any other bankruptcy or insolvency law, including assignments for the benefit of creditors, compositions, extensions generally with its creditors, or proceedings seeking reorganization, arrangement, or other relief.
Intellectual Property means, with respect to any Person, all of such Persons right, title, and interest in and to the following:
(a) Copyrights, Trademarks and Patents;
(b) trade secrets and trade secret rights, including, without limitation, any rights to unpatented inventions, know-how, and operating manuals;
(c) source code;
(d) design rights;
(e) claims for damages by way of past, present and future infringement of any of the foregoing, with the right, but not the obligation, to sue for and collect such damages for said infringement of the Intellectual Property rights identified above; and
(f) all amendments, renewals and extensions of any of the Copyrights, Trademarks or Patents.
Investment means any acquisition of a beneficial ownership interest in any Person (including stock, partnership interest or other securities), and any loan, advance or capital contribution to any Person.
Investor Rights Agreement means that certain Amended and Restated Investor Rights Agreement, dated as of October 20, 2017, by and among Issuer and the investors party thereto, as amended, restated, supplemented or otherwise modified from time to time.
Lien means a claim, mortgage, deed of trust, levy, charge, pledge, security interest or other encumbrance of any kind, whether voluntarily incurred or arising by operation of law or otherwise against any property.
Material Adverse Effect means a material adverse effect upon: (i) the business, operations, properties, assets or condition (financial or otherwise) of Issuer; (ii) the prospect of repayment of all or any portion of the Obligations; or (iii) the ability of Holders to enforce any of its rights or remedies with respect to any Obligations.
Maturity Date means September 14, 2023.
Note Documents means, collectively, this Agreement, the Notes, and any other present or future agreement to which Issuer is a party in connection with this Agreement, all as amended, restated, supplemented or otherwise modified from time to time.
Obligations means all outstanding principal under the Notes, and any Exit Fee, Applicable Premium, and Other Obligations, as applicable.
Operating Documents means, for any Person, such Persons organizational documents, as certified by the Secretary of State (or equivalent agency) of such Persons jurisdiction of formation, organization or incorporation, as applicable, on a date that is no earlier than thirty (30) days prior to the Effective Date, as amended