Moodys means Moodys Investors Service, Inc., and its successors.
Permitted Holders means (a) Marilyn Sands, her descendants (whether by blood or adoption), her descendants
spouses, her siblings, the descendants of her siblings (whether by blood or adoption), Hudson Ansley, Lindsay Caleo, William Caleo, Courtney Winslow, or Andrew Stern, or the estate of any of the foregoing Persons, or The Sands Family Foundation,
Inc., (b) trusts which are for the benefit of any combination of the Persons described in clause (a), or any trust for the benefit of any such trust, or (c) partnerships, limited liability companies or any other entities which are controlled by
any combination of the Persons described in clause (a), the estate of any such Persons, a trust referred to in the foregoing clause (b), or an entity that satisfies the conditions of this clause (c).
Person means any individual, corporation, limited liability company, partnership, joint venture, association, joint-stock company,
trust, unincorporated organization, any other company or entity or government or any agency or political subdivision thereof.
Principal Property means, as of any date, any building, structure or other facility, together with the land upon which it is
erected and any fixtures which are a part of the building, structure or other facility, used primarily for manufacturing, processing or production, in each case located in the United States, and owned or leased or to be owned or leased by us or any
Subsidiary, and in each case the net book value of which as of that date exceeds 2% of our Consolidated Net Tangible Assets as shown on the consolidated balance sheet contained in our latest filing with the Commission, other than any such land,
building, structure or other facility or portion thereof which is a pollution control facility, or which, in the opinion of our Board of Directors, is not of material importance to the total business conducted by us and our Subsidiaries, considered
as one enterprise.
Property means any asset, revenue or any other property, whether tangible or intangible, real or personal,
including, without limitation, any right to receive income.
Rating Agency means S&P, Moodys and Fitch or, if
S&P, Moodys or Fitch or any or all of them shall not make a rating on the notes publicly available, a nationally recognized statistical rating agency or agencies, as the case may be, selected by the Company (as certified by a resolution of
the Board of Directors) which shall be substituted for S&P, Moodys or Fitch or any or all of them, as the case may be.
S&P means Standard & Poors Financial Services, LLC, a subsidiary of the S&P Global, Inc., and any
successors thereto.
Securities Act means the Securities Act of 1933, as amended, and the rules and regulations promulgated
thereunder.
subsidiary means with respect to any Person (the parent) at any date, any corporation, limited
liability company, partnership, association or other entity of which securities or other ownership interests representing more than 50% of the ordinary voting power for the election of directors or other governing body are at the time beneficially
owned, directly or indirectly, by the parent or one or more subsidiaries of the parent or by the parent and one or more subsidiaries of the parent; provided, however, that no securities or other ownership interests, including any warrants and
convertible debt, shall be included that do not carry the present right to vote for the election of directors or other governing body.
Subsidiary means any subsidiary of the Company.
Voting Stock means, with respect to any Person, Capital Stock of any class or kind the holders of which are ordinarily, in the
absence of contingencies, entitled to vote for the election of directors (or persons performing similar functions) of such Person, even if the right so to vote has been suspended by the happening of such a contingency.
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