Each Commercial Area will assess performance based on Sales Growth and Operating Margin (specific to Commercial Area), Consumer Products Net Revenue and Consumer Product Operating Margin (specific to Regional Commercial Area) and Franchise Brand Revenue (specific to Commercial Area). The weightings and definition of the Commercial Area Component are:

“Commercial Tort Claims” shall mean, collectively, all of each Grantor’s commercial tort claims, as defined in Article 9 of the Uniform Commercial Code.

“Minimum Unit Sales Commitment” means with respect to each Make Whole Payment Commercial Year, commencing with the second Make Whole Payment Commercial Year and ending with, and including, the tenth Make Whole Payment Commercial Year, the following respective number of Units of ​ bottles of Product: ​ for the second Make Whole Payment Commercial Year; ​ for the third Make Whole Payment Commercial Year; and ​ for each of the fourth through the tenth Make Whole Payment Commercial Years.

If the Parent updates or changes the Budget, it shall within not more than five days of the update or change being made deliver to the Agent, in sufficient copies for each of the Lenders, such updated or changed Budget together with a written explanation of the main changes in that Budget.

​ locking systems integrate elements from Sweloxx patents (as set out in [Exhibit B]), physical container locking system with proprietary electronic control and deadlock system, and the PearTrack tracking and communication system. They system provides an electronically operated security lock for shipping containers that signals operation and location updates via the PearTrack system.

Uniform Commercial Code Financing Statements and Assignments of Contracts. All filings of Code financing statements, assignments of the Contracts and all other filings, recordings and action necessary to perfect Agent’s Liens granted under this Agreement shall have been filed or recorded and confirmation thereof shall have been received by Agent.

“Software” means computer software, firmware, programs and databases in any form, including Internet web sites, web content and links, source code, executable code, tools, developers kits, utilities, graphical user interfaces, menus, images, icons, and forms, and all versions, updates, corrections, enhancements and modifications thereof, and all related documentation, developer notes, comments and annotations related thereto.

perform all reporting, record keeping, internal controls and similar matters in a manner to allow the Company and its Subsidiaries to comply with applicable law, including federal and state securities laws and the Sarbanes-Oxley Act of 2002, and provide the Company’s officers and the Board with timely updates regarding the Company’s compliance with applicable law;

“Commercialize” means, in respect of a particular Product, the conduct of any and all activities directed to the marketing, distribution, offer for commercial sale, importation for commercial sale, and commercial sale of the Product, including pre-launch, launch, and post-launch marketing, promotion, and advertising; pricing, order processing, invoicing, and sales; inventory management and commercial distribution; and customer support. “Commercialize” means to engage in Commercialization.

“Uniform Commercial Code” means the Uniform Commercial Code as in effect from time to time in the State of New York.