by Seller, or any provision or condition of any permit, license or other operating authorization relating to (i) the protection of the environment or human, worker or public health and
welfare, or the protection of the health and safety of any workers, employees, and the public or (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, handling or actual or potential release, discharge or
emission of any Hazardous Material, including but not limited to the Clean Water Act, the Toxic Substances Control Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and
Recovery Act, the River and Harbor Act, the Federal Insecticide, Fungicide and Rodenticide Act, the Toxic Substances Control Act, the Federal Mine Safety and Health Act, the Occupational Safety and Health Act, and any state or local law, ordinance,
rule, regulation, code or directive regulating the same or similar matters.
Environmental Permits shall mean any and
all Permits issued in accordance with or pursuant to any Environmental Law.
Equipment means all furniture, fixtures,
equipment, computers, machinery, vehicles, apparatus, attachments, appliances, fittings, lighting fixtures, doors, cabinets, partitions, mantels, motors, pumps, screens, plumbing, heating, air conditioning, waste disposal and storing, wiring,
telephones, televisions, monitors, security systems, carpets, floor coverings, wall coverings, office equipment, laboratory equipment, computers, registers, safes, trash containers, meters and scales, combinations, codes and keys, implements,
telephone systems, signage, supplies, communications equipment, information technology assets, and any attached and associated hardware, routers, devices, panels, cables, manuals, cords, connectors, cards, and vendor documents, and including all
warranties of the vendor applicable thereto, and all other tangible personal property of every kind and description, and Improvements used, or held for use, in connection with the operation of the Business, wherever located.
ERISA means the Employee Retirement Income Security Act of 1974, as amended.
ERISA Affiliate means any trade or business, whether or not incorporated, that, together with Seller, is or would be
considered a single employer within the meaning of Section 414 of the Code or Section 4001 of ERISA.
Exchange Act means the Securities Exchange Act of 1934, as amended.
Execution Date has the meaning set forth in the preamble hereof.
Expense Reimbursement has the meaning set forth in Section 10.3(a).
Final DIP Order means a Final Order of the Bankruptcy Court approving, among other things, the DIP Facility and the
Sellers entry into the DIP Term Sheet, the DIP Commitment Letter and any definitive agreements related thereto.
Final
Order means a judgment or Order of the Bankruptcy Court (or any other court of competent jurisdiction) entered on the main docket in the Bankruptcy Cases (or the docket of such other court), which has not been modified, amended, reversed,
vacated or stayed and as to which (A) the time to appeal, petition for certiorari, or move for a new trial, stay, reargument or
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