GNC 2008 Annual Report Download - page 178

"Business Day" means each Monday, Tuesday, Wednesday, Thursday and Friday that is not a day on which banking institutions in the City of New
York are authorized or obligated by law or executive order to close.
"Bylaws" means the Bylaws of the Company, as amended or amended and restated from time to time.
"Capital Stock" means, with respect to any Person any and all shares, interests, participations, rights in or other equivalents (however designated) of
such Person's capital stock, and any rights, warrants or options exercisable or exchangeable for or convertible into such capital stock.
"CEO Director" has the meaning set forth in Section 4.06(a)(ii)(C).
"Centers" means General Nutrition Centers, Inc., a Delaware corporation and wholly owned indirect subsidiary of the Company.
"Certificate of Incorporation" means the Company's Restated Certificate of Incorporation, as amended or amended and restated from time to time.
"Co-Investors" means the co-investors from time to time party to the Co-Investors Agreement.
"Co-Investors Agreement" means the Co-Investors Agreement dated as of March 16, 2007, among Ares and such co-investors, as such agreement may
be amended in accordance with the terms thereof.
"Commission" means the Securities and Exchange Commission.
"Common Stock" means the Class A Common Stock and Class B Common Stock, each of par value $0.001 per share, of the Company.
"Conditions" means any required material third-party or governmental approvals, compliance with applicable laws and the absence of any injunction or
similar legal order preventing such transaction.
"Delay Notice" has the meaning set forth in Section 5.02(a).
"Demand Holder" has the meaning set forth in Section 5.02(a).
"Demand Registration" has the meaning set forth in Section 5.02(a).
"Drag-Along Sale" has the meaning set forth in Section 4.03(a).
"Effectiveness Period" has the meaning set forth in Section 5.02(a).
"Eligible Offering" means an offer by the Company after the date of the Original Agreement to Transfer or issue to any Person or Persons (including
any of the Stockholders) any Capital Stock (or debt convertible into Capital Stock) of the Company, other than:
(i) an underwritten public offering registered under the 1933 Act or pursuant to a Rule 144A offering under the 1933 Act;