Affiliate of any specified Person means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this definition, control, when used with respect to any specified Person means the power to direct or cause the direction of the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms controlling and controlled have meanings correlative to the foregoing. Notwithstanding anything to the contrary herein, the determination of whether one Person is an Affiliate of another Person for purposes of this Indenture shall be made based on the facts at the time such determination is made or required to be made, as the case may be, hereunder.
Affiliated Holders means (1) solely with respect to the Class B Common Stock and the Class C Common Stock, any Permitted Transferee or Qualified Trustee (each as defined in the Charter) of any Founder and (2) solely with respect to the Common Stock, any company, partnership, trust, foundation, or other entity or investment vehicle for which a Founder (or Founders) retains sole voting power (to the extent applicable) of the Common Stock held by such company, partnership, trust, foundation, or other entity or investment vehicle, and the trustees, legal representatives, beneficiaries, or beneficial owners, but solely in such capacity, of such company, partnership, trust, foundation, or other entity or investment vehicle.
All Notes Election shall have the meaning specified in Section 14.01(b)(v).
Applicable Procedures means, with respect to a Depositary, as to any matter at any time, the policies and procedures of such Depositary, if any, that are applicable to such matter at such time.
Bid Solicitation Agent means the Company or the Person appointed by the Company to solicit bids for the Trading Price of the Notes in accordance with Section 14.01(b)(i). The Company shall initially act as the Bid Solicitation Agent.
Board of Directors means the board of directors of the Company or a committee of such board duly authorized to act for it hereunder.
Board Resolution means a copy of a resolution certified by the Secretary or an Assistant Secretary of the Company to have been duly adopted by the Board of Directors, and to be in full force and effect on the date of such certification, and delivered to the Trustee.
Business Day means, with respect to any Note, any day other than a Saturday, a Sunday or a day on which the Federal Reserve Bank of New York is authorized or required by law or executive order to close or be closed, except as provided in Section 17.06.
Capital Stock means, for any entity, any and all shares, interests, rights to purchase, warrants, options, participations or other equivalents of or interests in (however designated) stock issued by that entity.
Cash Settlement shall have the meaning specified in Section 14.02(a).
Charter means the Companys Amended and Restated Certificate of Incorporation as in effect on the date of the Offering Memorandum.
Class B Common Stock means the Class B common stock of the Company, par value $0.00001 per share, at the date of this Indenture.