Intellectual Property means trademarks, service marks, trade
names, trade dress, domain names and other indications of origin, and the goodwill associated with the foregoing, mask works, inventions, patents, trade secrets, copyrights, know-how, rights in
computer software and code (including any registrations or applications for registration of any of the foregoing) or any other similar type of proprietary intellectual property rights, in each case anywhere in the world.
Investment Company Act means the Investment Company Act of 1940, as amended.
Liens means a lien, charge, pledge, security interest, encumbrance, right of first refusal, preemptive right or
other restriction.
Material Adverse Effect shall mean (i) a material adverse effect on the legality,
validity or enforceability of any Transaction Document, (ii) a material adverse effect on the business, assets, prospects, financial condition or results of operations of the Company and its Subsidiaries, taken as a whole, or (iii) a
material adverse effect on the Companys ability to perform in any material respect on a timely basis its obligations under any Transaction Document.
NYSE means The New York Stock Exchange.
Owned Intellectual Property means any and all Intellectual Property owned by either the Company or any of its
Subsidiaries.
Person means an individual, firm, corporation (including any
non-profit corporation), partnership, limited liability company, joint venture, association, trust, Governmental Entity or other entity or organization.
Prospectus means the Prospectus Supplement together with the Base Prospectus.
Prospectus Supplement means the final prospectus supplement to the Base Prospectus that describes the Shares and the
offering thereof.
Purchase Price means $12.375 per share.
Registration Statement means the effective registration statement on Form
S-3, as amended (File No. 333-263622), which includes a base prospectus (the Base Prospectus) to be used in connection with the offering and sale
of the Shares.
Rule 144 means Rule 144 promulgated by the Commission pursuant to the Securities Act, as such
Rule may be amended from time to time, or any similar rule or regulation hereafter adopted by the Commission having substantially the same effect as such Rule.
Rule 424 means Rule 424 promulgated by the Commission pursuant to the Securities Act, as such Rule may be amended or
interpreted from time to time, or any similar rule or regulation hereafter adopted by the Commission having substantially the same purpose and effect as such Rule.
SEC means the U.S. Securities and Exchange Commission.
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