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.
MARGIN STOCK REGULATIONS means Regulation T, U and/or X of the Board of Governors of the Federal Reserve System and the rules promulgated thereunder, as the same may be supplemented, modified, amended, restated, or replaced from time to time, or any corresponding or succeeding provisions of applicable law.
MATERIAL ADVERSE CHANGE means any material adverse change in (a) the business, results of operations, properties, assets, liabilities, condition (financial or otherwise), or prospects of the BORROWER, or the BORROWER and its SUBSIDIARIES taken as one enterprise; (b) the legality, validity, binding effect, or enforceability of any LOAN DOCUMENT; (c) the ability of the BORROWER to fully and timely perform its obligations under any LOAN DOCUMENT, as determined from the perspective of a reasonable person in the BANKs position; or (d) the rights, remedies, and benefits available to, or conferred upon, the BANK under any LOAN DOCUMENT.
MATURITY DATE means, in relation to a LOAN, the date on which such LOAN is due and payable, as requested by the BORROWER and agreed to by the BANK in accordance with SECTION 2.03.
NOTE has the meaning assigned to such term in SECTION 2.05.
PERSON means an individual, partnership, corporation (including a business trust), joint stock company, estate, trust, limited liability company, unlimited liability company, unincorporated association, joint venture, or other entity or GOVERNMENTAL AUTHORITY.
PRIME RATE means the rate of interest per annum established by the BANKs New York Branch from time to time as its prime rate or base rate; each change in the PRIME RATE shall be effective from and including the date such change is established as being effective.
PROPERTY means all types of real or personal property, including without limitation, tangible, intangible, or mixed property.
SANCTIONS has the meaning assigned to such term in SECTION 4.10(a).
SUBSIDIARY means, with respect to any PERSON (the parent) at any date, any corporation, limited liability company, partnership, association, or other entity the accounts of which would be consolidated with those of the parent in the parents consolidated financial statements if such financial statements were prepared in accordance with GAAP as of such date, as well as any other corporation, limited liability company, partnership, association or other entity (a) of which securities or other ownership interests representing more than 50% of the equity or more than 50% of the ordinary voting power or, in the case of a partnership, more than 50% of the general partnership interests are, as of such date, owned, controlled or held, or (b) that is, as of such date, otherwise controlled, by the parent or one or more subsidiaries of the parent or by the parent and one or more subsidiaries of the parent.