Source of income means an employer or successor employer, a labor organization, or another individual or entity that owes or will owe income to the payer.
Instrument of Incorporation means the instrument of incorporation of the ICAV;
Certification of Incorporation means the restated certificate of incorporation of the Corporation, as it may be amended from time to time, and shall include this Certificate of Designations.
Company Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of the Company as amended and restated and as in effect as of the date hereof.
State of Incorporation means Delaware.
Transferred Entities means the entities set forth on Schedule 1.9.
Articles of Incorporation means the Articles of Incorporation of the Company, as amended from time to time.
Certificate of Incorporation means the Certificate of Incorporation of the Company, as amended from time to time.
Governing Documents means, with respect to any Person, such Person’s charter, articles or certificate of incorporation, limited partnership, formation or organization, bylaws, limited partnership agreement, limited liability company agreement or other documents or instruments which establish the rules, procedures and rights with respect to such Person’ governance, in each case as amended, restated, supplemented and/or modified and in effect as of the relevant date.
Restated Certificate of Incorporation means the Restated Certificate of Incorporation of the Company, as amended.
Charter means the Corporation’s certificate or articles of incorporation, articles of association, or similar organizational document.
JV Entity means any joint venture of the Borrower or any Restricted Subsidiary that is not a Subsidiary.
Bylaws means the bylaws of the Corporation, as they may be amended from time to time.
Cumulative Consolidated Net Income means, for any period, Consolidated Net Income for such period, taken as a single accounting period. Cumulative Consolidated Net Income may be a positive or negative amount.
Charters means Kitty Hawk Charters, Inc., one of the Debtors.
Acquired Entities means the Company and the Acquired Subsidiaries.
Group Companies means the Company and its Subsidiaries.
Target Companies means the Target and its Subsidiaries.
Foreign business entity means a foreign limited liability company, as defined in s. 183.0102 (8), a foreign partnership, as defined in s. 178.0102 (6), a foreign limited partnership, as defined in s. 179.01 (4), a foreign corporation, as defined in s. 180.0103 (9), or a foreign corporation, as defined in s. 181.0103 (13).
Acquired Companies means, collectively, the Company and the Company Subsidiaries.
Constituent Documents means, with respect to any Person, (a) the articles of incorporation, certificate of incorporation, constitution or certificate of formation (or the equivalent organizational documents) of such Person, (b) the by-laws or operating agreement (or the equivalent governing documents) of such Person and (c) any document setting forth the manner of election or duties of the directors or managing members of such Person (if any) and the designation, amount or relative rights, limitations and preferences of any class or series of such Person’s Stock.
Transferred Subsidiaries shall have the meaning set forth in the Recitals.
Amended and Restated Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of the Company, as in effect as of the Effective Date.
Anti-Bribery Laws means the anti-bribery provisions of the Foreign Corrupt Practices Act of 1977, as amended, and all other applicable anti-corruption and bribery Laws (including the U.K. Xxxxxxx Xxx 0000, and any rules or regulations promulgated thereunder or other Laws of other countries implementing the OECD Convention on Combating Bribery of Foreign Officials).
Parent Bylaws means the Bylaws of Parent.
Parent Organizational Documents means the certificate of incorporation, bylaws (or equivalent organizational or governing documents), and other organizational or governing documents, agreements or arrangements, each as amended to date, of each of Parent and Acquisition Sub.