DEFAULT means any of the events specified in SECTION 7.01 hereof, whether or not any requirement for the giving of notice, the lapse of time, or both, or any other condition, has been satisfied.
DISBURSEMENT DATE means, in relation to a LOAN, the date on which such LOAN is advanced, as requested by the BORROWER and agreed to by the BANK in accordance with SECTION 2.03.
DOLLARS, U.S. DOLLARS, US$, USD, or $ means the lawful currency of the United States of America.
EVENT OF DEFAULT means any of the events specified in SECTION 7.01.
FCPA means the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder.
GAAP means generally accepted accounting principles in the United States of America set forth in the opinions and pronouncements of the Accounting Principles Board and the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board, as in effect from time to time.
GOVERNMENTAL AUTHORITY means any nation or government, any state or other political subdivision thereof, any central bank (or similar monetary or regulatory authority) thereof, any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, and any corporation or other entity owned or controlled, through stock or capital ownership or otherwise, by any of the foregoing.
GUARANTOR means each of Mitsui & Co., Ltd., a Japanese corporation; and Kirin Holdings Company, Limited, a Japanese corporation.
LAST DRAWDOWN DATE means February 11, 2022.
LETTER OF GUARANTEE means the letter of guarantee executed by each GUARANTOR and required to be delivered by the BORROWER to the BANK pursuant to SECTION 3.01 hereof, together with all exhibits and schedules thereto, as the same may be supplemented, modified, amended, restated or replaced from time to time in the manner provided therein.
LIEN means any mortgage, deed of trust, pledge, security interest, assignment, deposit arrangement, charge or encumbrance, lien (statutory or other), or other preferential arrangement (including any conditional sale or other title retention agreement, any financing lease having substantially the same economic effect as any of the foregoing, or any agreement to give any security interest).
LOAN has the meaning assigned to such term in SECTION 2.01.
LOAN DOCUMENTS means this AGREEMENT, the NOTE, each LETTER OF GUARANTEE, and any other agreement, document, instrument, or contract furnished to the BANK in connection with any of the foregoing documents or supporting, securing, or otherwise relating to the LOANS, in each case as amended, amended and restated, supplemented, or otherwise modified from time to time.