Crucial 2012 Annual Report Download - page 107

[*] Certain information in this document has been omitted and filed separately with the Securities and
Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
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“Examiner” means the examiner appointed by the Reorganization Court in the corporate
reorganization proceedings of Elpida and Akita in Japan.
“Existing Licenses” means the agreements listed on Schedule 2 hereto.
“Governmental Authority” means any court, tribunal, authority, ministry, commission or other
governmental or quasi-governmental regulatory or adjudicative body or authority of any kind of
competent jurisdiction.
“HSR Act” means the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
“Insolvency Event” means, with respect to any Person, if such Person (A) applies for or consents
to the appointment of, or the taking of possession by, a receiver, administrator, custodian, trustee,
liquidator or the like of itself or all or a substantial portion of its assets; (B) makes a general assignment
for the benefit of, or a composition with, creditors; (C) is adjudicated for bankruptcy or insolvency, or
declared bankrupt or insolvent; (D) files a petition seeking to take advantage of any other Laws relating to
bankruptcy, suspension of payments, insolvency, reorganization, rehabilitation, dissolution, liquidation,
winding up, composition or adjustment of debts; (E) has a petition filed against it in an involuntary case
under any such Laws; (F) acquiesces in, or fails to controvert in a timely manner, any petition filed against
it in an involuntary case under any such Laws; or (G) takes any action for the purpose of effecting any of
the foregoing. For purposes of this Agreement, a request by a debtor of its creditors to extend the maturity
date of outstanding indebtedness will not, in and of itself, constitute an “Insolvency Event”.
“Investment Commission” means the Investment Commission of the Ministry of Economic Affairs
of the ROC.
“JBIC” has the meaning set forth in Section 6.3(d).
“JVA” means that certain Joint Venture Agreement dated January 25, 2007, as amended, between
Elpida and Powerchip relating to the Company.
“JVA Rights and Remedies” has the meaning ascribed to such term in the Standstill Agreement.
“JVA Share Transfer Agreement” has the meaning ascribed to such term in the Standstill
Agreement.
“Kingston” means Kingston Technology Corporation.
“Laws” means laws, statutes, rules of the common law, regulations, rules or other requirements of
any Governmental Authority.
“Lender Consents” has the meaning set forth in Section 5.8(c).