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“Person” mode any person, company, partnership, limitedpartnership, limited-liability team, joint venture, connection, trust, property, Political Entity, relationship, firm, unincorporated company or other organization. “Mother Matter Bad Effect” mode anyeffect, transform, experience, occurrence otherwise development who does reasonably be expected to avoid, otherwise materially upset or reduce, the art of Mother or Merger Sub so you can consummate the newest Merger otherwise some of the almost every other Deals or otherwise create people ofits financial obligation less than which Contract. “Hired Real property”mode all leasehold or subleasehold locations and other contractual rights so you can explore otherwise occupy any home (and, on the protection out of doubt, pursuant to any surface book), houses, structures, advancements, accessories or other demand for realproperty held from the Organization otherwise some of the Subsidiaries to own (a) any retail store having modified working earnings more than $3,000,one hundred thousand for the 1 year ended August 29, 2024 otherwise (b) anynon-retail facility more than 25,100000 sqft. “Intervening Knowledge” function one matter feel, 1 pound deposit casino advancement oroccurrence which was not known for the Organization Panel since the of your own go out hereof (otherwise, if the known, the effects from which weren’t proven to otherwise reasonably predictable by Company Panel as of the newest time of the Contract) and will get proven to the newest CompanyBoard following go out hereof and prior to the Business Shareholder Acceptance; provided, although not, you to definitely in the zero feel should the newest acknowledgment, existence otherwise terms of an exchange Suggestion otherwise any number associated thereto or outcomes thereofconstitute or perhaps be considered as an Intervening Enjoy. “Indemnified Party” form different people who’s now, or has been when prior to the date hereof, otherwise just who will get prior tothe Productive Go out (a) a director, manager otherwise administrator of your own Company or any kind of its Subsidiaries otherwise (b) a movie director or movie director providing during the request from, or else with respect to, the business otherwise any of their Subsidiaries for the a panel ofdirectors otherwise comparable ruling body of every member of the fresh VPMC Class (excluding, to the prevention from question, the new members of the fresh Selling Committee within their capacities as a result). “ERISA Representative” form one organization that’s a part from (a) a controlled group of firms (as the discussed inSection 414(b) of your Password), (b) a group of deals otherwise companies less than popular handle (while the discussed inside Point 414(c) of the Password) otherwise (c) a connected service category (while the laid out under Point 414(m) of one’s Password or even the regulationsunder Point 414(o) of the Code), any of which includes or integrated the organization otherwise any one of its Subsidiaries.
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Main Government Committee
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