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“Person” function any person, corporation, union, limitedpartnership, limited-liability team, partnership, relationship, trust, estate, Governmental Organization, connection, corporation, unincorporated company or other organization. “Parent Topic Adverse Impact” form anyeffect, change, experience, density or invention who relatively be expected to stop, or materially impact or reduce, the skill of Parent or Merger Sub to help you consummate the brand new Merger or all most other Transactions or else do one ofits debt less than that it Arrangement. “Hired Property”setting the leasehold otherwise subleasehold estates and other contractual legal rights to help you explore otherwise take people belongings (and, on the avoidance away from doubt, pursuant to the soil book), structures, structures, improvements, accessories and other demand for realproperty held because of the Organization or any of their Subsidiaries to possess (a) any store that have adjusted working earnings more than $step 3,000,000 to the 1 year finished August 29, 2024 or (b) anynon-shopping business in excess of 25,100000 square feet. “Intervening Experience” form people thing experience, advancement oroccurrence which had been unknown to the Business Panel because the of your own time hereof (or, if the identified, the effects at which were not recognized to otherwise relatively foreseeable from the Company Board by the newest date of the Arrangement) and you may becomes recognized to the newest CompanyBoard after the day hereof and prior to the Company Stockholder Approval; provided, although not, one inside zero feel will the fresh receipt, lifetime or terms of a purchase Suggestion otherwise one amount associated thereto or outcomes thereofconstitute or be deemed to be an Intervening Feel. “Indemnified Team” function differing people who is now, or could have been at any time before the time hereof, otherwise just who gets prior tothe Active Time (a) a director, director or administrator of your own Team otherwise any one of its Subsidiaries or (b) a director otherwise director helping at the request from, if not with respect to, the firm otherwise any one of the Subsidiaries to the a panel ofdirectors otherwise comparable governing system of any person in the newest VPMC Class (leaving out, to your protection of doubt, the brand new members of the newest Product sales Committee in their capacities as a result). “ERISA Representative” form any entity that is an associate from (a) a controlled band of companies (because the outlined inSection 414(b) of your Password), (b) a team of trades or organizations less than well-known control (because the discussed within the Area 414(c) of your own Password) otherwise (c) an affiliated service classification (since the laid out under Area 414(m) of one’s Password or the regulationsunder Section 414(o) of your Password), any of which includes or provided the firm or any of the Subsidiaries.
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Main Executive Panel
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