“Equity Issuance Shares” has the meaning set forth in
“Exchange Act” means the Securities Exchange Act of 1934, as
amended, and the rules and regulations promulgated thereunder.
“Exchange Agent” has the meaning set forth in
“Exchange Fund” has the meaning set forth in
“Exchange Ratio” has the meaning set forth in
“Execution Date” has the meaning set forth in the
“GAAP” has the meaning set forth in
“Governing Documents” means, with respect to any Person, the
certificate or articles of incorporation or formation, bylaws,
articles of organization, limited liability company agreement,
partnership agreement, formation agreement, joint venture
agreement, operating agreement, unanimous equityholder agreement or
declaration or other similar governing documents of such
“Governmental Entity” means any federal, state, tribal,
provincial, municipal, foreign or other government, governmental
court, department, commission, board, bureau, regulatory or
administrative agency or instrumentality.
“Holders” means, when used with reference to the Parent
Common Units or the NNA Common Stock, the holders of such units of
stock, as applicable, shown from time to time in the registers
maintained by or on behalf of Parent or NNA, respectively.
“Indenture Co-Issuers” has the meaning set
forth in the definition of “NNA Notes Indenture.”
“Intended Tax Treatment” has the meaning set forth in the
“Latest NNA Quarter 6-K” has the meaning set forth in
“Latest Parent Quarter 6-K” has the meaning set forth in
“Laws” means all statutes, regulations, codes, tariffs,
ordinances, decisions, administrative interpretations, writs,
injunctions, stipulations, statutory rules, orders, judgments,
decrees and terms and conditions of any grant of approval,
permission, authority, permit or license of any court, Governmental
Entity, statutory body or self-regulatory authority (including the
“Letter of Transmittal” has the meaning set forth in
“Liens” means any mortgage, restriction (including
restrictions on transfer), deed of trust, lien, security interest,
preemptive right, option, right of first offer or refusal, lease or
sublease, claim, pledge, conditional sales contract, charge,
encroachment or encumbrance.
“Marshall Islands Business Corporations Act” means the
Business Corporation Act of the Associations Law of The Republic of
the Marshall Islands, as amended, supplemented or restated from
time to time, and any successor to such statute.
“Merger” means the merger of Merger Sub with and into NNA,
with NNA as the sole surviving entity.