r/title-15-COMMERCE-AND-TRADE wiki — defined terms
The statute’s own glossary: every term Title 15 defines, in section order.
“agreement,” applies in that section
The term “antitrust leniency agreement,” or “agreement,” means a leniency letter agreement, whether conditional or final, between a person and the Antitrust Division pursuant to the Corporate Leniency Policy of the Antitrust Division in effect on the date of execution of the agreement. (3) Antitrust leniency applicant
“Antitrust Division” applies in that section
The term “Antitrust Division” means the United States Department of Justice Antitrust Division. (2) Antitrust leniency agreement
“antitrust leniency agreement,” applies in that section
The term “antitrust leniency agreement,” or “agreement,” means a leniency letter agreement, whether conditional or final, between a person and the Antitrust Division pursuant to the Corporate Leniency Policy of the Antitrust Division in effect on the date of execution of the agreement. (3) Antitrust leniency applicant
“antitrust leniency applicant,” applies in that section
The term “antitrust leniency applicant,” or “applicant,” means, with respect to an antitrust leniency agreement, the person that has entered into the agreement. (4) Claimant
“applicant,” applies in that section
The term “antitrust leniency applicant,” or “applicant,” means, with respect to an antitrust leniency agreement, the person that has entered into the agreement. (4) Claimant
“claimant” applies in that section
The term “claimant” means a person or class, that has brought, or on whose behalf has been brought, a civil action alleging a violation of section 1 or 3 of this title or any similar State law, except that the term does not include a State or a subdivision of a State with respect to a civil action brought to recover damages sustained by the State or subdivision. (5) Cooperating individual
“cooperating individual” applies in that section
The term “cooperating individual” means, with respect to an antitrust leniency agreement, a current or former director, officer, or employee of the antitrust leniency applicant who is covered by the agreement. (6) Person
“person” applies in that section
The term “person” has the meaning given it in subsection (a) of section 12 of this title .
“antitrust laws” applies in that section
The term “antitrust laws” means section 1 or 3 of this title. (B) Covered individual
“covered individual” applies in that section
The term “covered individual” means an employee, contractor, subcontractor, or agent of an employer. (C) Employer
“employer” applies in that section
The term “employer” means a person, or any officer, employee, contractor, subcontractor, or agent of such person. (D) Federal Government
“Federal Government” applies in that section
The term “Federal Government” means— (i) a Federal regulatory or law enforcement agency; or (ii) any Member of Congress or committee of Congress. (E) Person
“person” applies in that section
The term “person” has the same meaning as in subsection (a) of section 12 of this title . (4) Rule of construction The term “violation”, with respect to the antitrust laws, shall not be construed to include a civil violation of any law that is not also a criminal violation.
“State” applies in that section
The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (3) The term “natural persons” does not include proprietorships or partnerships.
“State attorney general” applies in that section
The term “State attorney general” means the chief legal officer of a State, or any other person authorized by State law to bring actions under section 15c of this title , and includes the Corporation Counsel of the District of Columbia, except that such term does not include any person employed or retained on— (A) a contingency fee based on a percentage of the monetary relief awarded under this section; or (B) any other contingency fee basis, unless the amount of the award of a reasonable attorney’s fee to a prevailing plaintiff is determined by the court under section 15c(d)(1) of this title .;
“voting securities” applies in that section
The term “voting securities” means any securities which at present or upon conversion entitle the owner or holder thereof to vote for the election of directors of the issuer or, with respect to unincorporated issuers, persons exercising similar functions. (B) The amount or percentage of voting securities or assets of a person which are acquired or held by another person shall be determined by aggregating the amount or percentage of such voting securities or assets held or acquired by such other person and each affiliate thereof.
“foreign entity of concern” applies in that section
the term “foreign entity of concern” has the meaning given the term in section 18741 of title 42 . (b) Accounting for foreign government subsidies A person required to file a notification under section 18a of this title that received a subsidy from a foreign entity of concern shall include in such notification content regarding such subsidy.
“officer” applies in that section
the term “officer” means an officer elected or chosen by the Board of Directors. (5) For each fiscal year commencing after September 30, 1990 , the $10,000,000 and $1,000,000 thresholds in this subsection shall be increased (or decreased) as of October 1 each year by an amount equal to the percentage increase (or decrease) in the gross national product, as determined by the Department of Commerce or its successor, for the year then ended over the level so established for the year ending September 30, 1989 . As soon as practicable, but not later than January 31 of each year, the Federal Trade Commission shall publish the adjusted amounts required by this paragraph.
“local government” applies in that section
the term “local government” means— (A) a city, county, parish, town, township, village, or any other general function governmental unit established by State law, or (B) a school district, sanitary district, or any other special function governmental unit established by State law in one or more States;
“person” applies in that section
the term “person” has the meaning given it in subsection (a) of the first section of the Clayton Act [ 15 U.S.C. 12(a) ], but does not include any local government as defined in paragraph (1) of this section, and;
“State” applies in that section
the term “State” has the meaning given it in section 4G(2) of the Clayton Act ( 15 U.S.C. 15g(2) ).
“antitrust laws” applies in that section
The term “antitrust laws” has the meaning given it in subsection (a) of section 12 of this title , except that such term includes section 45 of this title to the extent that such section 45 applies to unfair methods of competition. (2) Charitable remainder trust
“charitable gift annuity” applies in that section
The term “charitable gift annuity” has the meaning given it in section 501(m)(5) of title 26 . (4) Final determination
“charitable remainder trust” applies in that section
The term “charitable remainder trust” has the meaning given it in section 664(d) of title 26 . (3) Charitable gift annuity
“final determination” applies in that section
The term “final determination” includes an Internal Revenue Service determination, after exhaustion of donor’s and donee’s administrative remedies, disallowing the donor’s charitable deduction for the year in which the initial contribution was made because of the donee’s failure to comply at such time with the requirements of section 501(m)(5) or 664(d), respectively, of title 26. (5) Person
“person” applies in that section
The term “person” has the meaning given it in subsection (a) of section 12 of this title . (6) State
“State” applies in that section
The term “State” has the meaning given it in section 15g(2) of this title .
“antitrust laws” applies in that section
The term “antitrust laws”— (i) has the meaning given such term in subsection (a) of section 12 of this title , except that such term includes section 45 of this title to the extent such section 45 applies to unfair methods of competition; and (ii) includes any State law similar to the laws referred to in clause (i). (B) Graduate medical education program
“graduate medical education program” applies in that section
The term “graduate medical education program” means— (i) a residency program for the medical education and training of individuals following graduation from medical school; (ii) a program, known as a specialty or subspecialty fellowship program, that provides more advanced training; and (iii) an institution or organization that operates, sponsors or participates in such a program. (C) Graduate medical education residency matching program
“graduate medical education residency matching program” applies in that section
The term “graduate medical education residency matching program” means a program (such as those conducted by the National Resident Matching Program) that, in connection with the admission of students to graduate medical education programs, uses an algorithm and matching rules to match students in accordance with the preferences of students and the preferences of graduate medical education programs. (D) Student
“student” applies in that section
The term “student” means any individual who seeks to be admitted to a graduate medical education program. (2) Confirmation of antitrust status It shall not be unlawful under the antitrust laws to sponsor, conduct, or participate in a graduate medical education residency matching program, or to agree to sponsor, conduct, or participate in such a program. Evidence of any of the conduct described in the preceding sentence shall not be admissible in Federal court to support any claim or action alleging a violation of the antitrust laws.
“association” applies in that section
The term “association” means any association, exchange, pool, combination, or other arrangement for concerted action; and;
“marine insurance companies” applies in that section
The term “marine insurance companies” means any persons, companies, or associations, authorized to write marine insurance or reinsurance under the laws of the United States or of a State, Territory, District, or possession thereof. (b) Nothing contained in the “antitrust laws” as designated in section 12 of this title , shall be construed as declaring illegal an association entered into by marine insurance companies for the following purposes: To transact a marine insurance and reinsurance business in the United States and in foreign countries and to reinsure or otherwise apportion among its membership the risks undertaken by such association or any of the component members.
“unfair or deceptive acts or practices” applies in that section
the term “unfair or deceptive acts or practices” includes such acts or practices involving foreign commerce that— (i) cause or are likely to cause reasonably foreseeable injury within the United States; or (ii) involve material conduct occurring within the United States. (B) All remedies available to the Commission with respect to unfair and deceptive acts or practices shall be available for acts and practices described in this paragraph, including restitution to domestic or foreign victims.
“Commission” applies in that section
The term “Commission” means the Federal Trade Commission. (2) Covered communication
“covered communication” applies in that section
The term “covered communication” means a written, oral, or pictorial review, performance assessment of, or other similar analysis of, including by electronic means, the goods, services, or conduct of a person by an individual who is party to a form contract with respect to which such person is also a party. (3) Form contract (A) In general Except as provided in subparagraph (B),
“form contract” applies in that section
the term “form contract” means a contract with standardized terms— (i) used by a person in the course of selling or leasing the person’s goods or services; and (ii) imposed on an individual without a meaningful opportunity for such individual to negotiate the standardized terms. (B) Exception The term “form contract” does not include an employer-employee or independent contractor contract. (4) Pictorial
“pictorial” applies in that section
The term “pictorial” includes pictures, photographs, video, illustrations, and symbols. (b) Invalidity of contracts that impede consumer reviews (1) In general Except as provided in paragraphs (2) and (3), a provision of a form contract is void from the inception of such contract if such provision— (A) prohibits or restricts the ability of an individual who is a party to the form contract to engage in a covered communication; (B) imposes a penalty or fee against an individual who is a party to the form contract for engaging in a covered communication; or (C) transfers or requires an individual who is a party to the form contract to transfer to any person any intellectual property rights in …
“Commission” applies in that section
The term “Commission” means the Federal Trade Commission. (2) Consumer product
“consumer product” applies in that section
The term “consumer product” has the meaning given such term in section 2301 of this title and section 700.1 of title 16, Code of Federal Regulations. (3) High-volume third party seller (A) In general
“high-volume third party seller” applies in that section
The term “high-volume third party seller” means a participant on an online marketplace’s platform who is a third party seller and, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products and an aggregate total of $5,000 or more in gross revenues.
“online marketplace” applies in that section
The term “online marketplace” means any person or entity that operates a consumer-directed electronically based or accessed platform that— (A) includes features that allow for, facilitate, or enable third party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States; (B) is used by one or more third party sellers for such purposes; and (C) has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products. (5) Seller
“seller” applies in that section
The term “seller” means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace’s platform. (6) Third party seller (A) In general
“third party seller” applies in that section
The term “third party seller” means any seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the United States through such online marketplace’s platform.
“verify” applies in that section
The term “verify” means to confirm information provided to an online marketplace pursuant to this section, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller’s behalf, not misappropriated, and not falsified. (g) Relationship to State laws No State or political subdivision of a State, or territory of the United States, may establish or continue in effect any law, regulation, rule, requirement, or standard that conflicts with the requirements of this section.
“cosmetic” applies in that section
The term “cosmetic” means (1) articles to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof intended for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such article; except that such term shall not include soap. (f) Oleomargarine or margarine For the purposes of this section and section 347 of title 21 ,
“drug” applies in that section
The term “drug” means (1) articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any article specified in clause (1), (2), or (3); but does not include devices or their components, parts, or accessories.
“false advertisement” applies in that section
The term “false advertisement” means an advertisement, other than labeling, which is misleading in a material respect; and in determining whether any advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual.
“food” applies in that section
The term “food” means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. (c) Drug
“margarine” applies in that section
the term “oleomargarine” or “margarine” includes— (1) all substances, mixtures, and compounds known as oleomargarine or margarine; (2) all substances, mixtures, and compounds which have a consistence similar to that of butter and which contain any edible oils or fats other than milk fat if made in imitation or semblance of butter.
“oleomargarine” applies in that section
the term “oleomargarine” or “margarine” includes— (1) all substances, mixtures, and compounds known as oleomargarine or margarine; (2) all substances, mixtures, and compounds which have a consistence similar to that of butter and which contain any edible oils or fats other than milk fat if made in imitation or semblance of butter.
“Attorney General” applies in that section
the term “Attorney General” includes the Solicitor General. (4) If, prior to the expiration of the 45-day period specified in paragraph (1) of this section or a 60-day period specified in paragraph (3), any right of the Commission to commence, defend, or intervene in, any such action or appeal may be extinguished due to any procedural requirement of any court with respect to the time in which any pleadings, notice of appeal, or other acts pertaining to such action or appeal may be taken, the Attorney General shall have one-half of the time required to comply with any such procedural requirement of the court (including any extension of such time granted by the court) for the purpose of …
“bank” applies throughout its subchapter
the term “bank” means— (A) national banks and Federal branches and Federal agencies of foreign banks; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq.]; and (C) banks insured by the Federal Deposit Insurance Corporation (other than banks referred to in subparagraph (A) or (B)) and insured State branches of foreign banks.
“Federal credit union” applies throughout its subchapter
the term “Federal credit union” has the same meaning as in sections 1766 and 1786 of title 12. The terms used in this paragraph 2 that are not defined in this subchapter or otherwise defined in section 1813(s) of title 12 shall have the meaning given to them in section 3101 of title 12 . (g) Exemptions and stays from application of rules; procedures (1) Any person to whom a rule under subsection (a)(1)(B) of this section applies may petition the Commission for an exemption from such rule.
“outside party” applies in that section
the term “outside party” means any person other than (A) a Commissioner; (B) an officer or employee of the Commission; or (C) any person who has entered into a contract or any other agreement or arrangement with the Commission to provide any goods or services (including consulting services) to the Commission. (2) Not later than 60 days after May 28, 1980 , the Commission shall publish a proposed rule, and not later than 180 days after May 28, 1980 , the Commission shall promulgate a final rule, which shall authorize the Commission or any Commissioner to meet with any outside party concerning any rulemaking proceeding of the Commission.
“rulemaking record” applies in that section
the term “rulemaking record” means the rule, its statement of basis and purpose, the transcript required by subsection (c)(5), any written submissions, and any other information which the Commission considers relevant to such rule.
“savings and loan institution” applies throughout its subchapter
the term “savings and loan institution” has the same meaning as in section 1813 of title 12 . (4) For purposes of this subchapter,
“antitrust violation” applies in that section
The term “antitrust violation” means— (A) any unfair method of competition (within the meaning of section 45(a)(1) of this title ); (B) any violation of the Clayton Act [ 15 U.S.C. 12 et seq.] or of any other Federal statute that prohibits, or makes available to the Commission a civil remedy with respect to, any restraint upon or monopolization of interstate or foreign trade or commerce; (C) with respect to the International Antitrust Enforcement Assistance Act of 1994 [ 15 U.S.C. 6201 et seq.], any violation of any of the foreign antitrust laws (as defined in section 12 of such Act [ 15 U.S.C. 6211 ]) with respect to which a request is made under section 3 of such Act [ 15 U.S.C.
“civil investigative demand” applies in that section
The terms “civil investigative demand” and “demand” mean any demand issued by the commission under subsection (c)(1).;
“Commission investigation” applies in that section
The term “Commission investigation” means any inquiry conducted by a Commission investigator for the purpose of ascertaining whether any person is or has been engaged in any unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 45(a)(1) of this title ) or in any antitrust violations.;
“Commission investigator” applies in that section
The term “Commission investigator” means any attorney or investigator employed by the Commission who is charged with the duty of enforcing or carrying into effect any provisions relating to unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 45(a)(1) of this title ) or any provisions relating to antitrust violations.;
“custodian” applies in that section
The term “custodian” means the custodian or any deputy custodian designated under section 57b–2(b)(2)(A) of this title .;
“demand” applies in that section
The terms “civil investigative demand” and “demand” mean any demand issued by the commission under subsection (c)(1).;
“documentary material” applies in that section
The term “documentary material” includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document.;
“person” applies in that section
The term “person” means any natural person, partnership, corporation, association, or other legal entity, including any person acting under color or authority of State law.;
“violation” applies in that section
The term “violation” means any act or omission constituting an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 45(a)(1) of this title ) or any antitrust violation.;
“Federal agency” applies in that section
The term “Federal agency” has the meaning given it in section 552(e) 1 of title 5. (b) Procedures respecting documents, tangible things, or transcripts of oral testimony received pursuant to compulsory process or investigation (1) With respect to any document, tangible thing, or transcript of oral testimony received by the Commission pursuant to compulsory process in an investigation, a purpose of which is to determine whether any person may have violated any provision of the laws administered by the Commission, the procedures established in paragraph (2) through paragraph (7) shall apply.
“material” applies in that section
The term “material” means documentary material, tangible things, written reports or answers to questions, and transcripts of oral testimony.;
“adverse result” applies in that section
the term “adverse result” means— (1) endangering the life or physical safety of an individual; (2) flight from prosecution; (3) the destruction of, or tampering with, evidence; (4) the intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or proceeding related to fraudulent or deceptive commercial practices or persons involved in such practices, or unduly delaying a trial related to such practices or persons involved in such practices, including, but not limited to, by— (A) the transfer outside the territorial limits of the United States of assets or records related to fraudulent or deceptive commercial practices or related to persons involved in such …
“rule” applies in that section
The term “rule” means any rule promulgated by the Commission under section 46 or section 57a of this title , except that such term does not include interpretive rules, rules involving Commission management or personnel, general statements of policy, or rules relating to Commission organization, procedure, or practice.
“rulemaking” applies in that section
The term “rulemaking” means any Commission process for formulating or amending a rule. (b) Notice of proposed rulemaking; regulatory analysis; contents; issuance (1) In any case in which the Commission publishes notice of a proposed rulemaking, the Commission shall issue a preliminary regulatory analysis relating to the proposed rule involved.
“commerce” applies throughout its subchapter
The term “commerce” means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation.;
“Commission” applies throughout its subchapter
The term “Commission” means the Federal Trade Commission.;
“Federal Trade Commission Act” applies throughout its subchapter
The term “Federal Trade Commission Act” means the Act of Congress entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes”, approved September 26, 1914 , as amended, and the Federal Trade Commission Act approved March 21, 1938 .;
“person” applies throughout its subchapter
The term “person” means an individual, partnership, corporation, association, or any other form of business enterprise, plural or singular, as the case demands.;
“recycled wool” applies throughout its subchapter
The term “recycled wool” means (1) the resulting fiber when wool has been woven or felted into a wool product which, without ever having been utilized in any way by the ultimate consumer, subsequently has been made into a fibrous state, or (2) the resulting fiber when wool or reprocessed wool has been spun, woven, knitted, or felted into a wool product which, after having been used in any way by the ultimate consumer, subsequently has been made into a fibrous state.;
“Territory” applies throughout its subchapter
The term “Territory” includes the insular possessions of the United States and also any Territory of the United States.
“wool” applies throughout its subchapter
The term “wool” means the fiber from the fleece of the sheep or lamb or hair of the Angora or Cashmere goat (and may include the so-called specialty fibers from the hair of the camel, alpaca, llama, and vicuna) which has never been reclaimed from any woven or felted wool product.;
“wool product” applies throughout its subchapter
The term “wool product” means any product, or any portion of a product, which contains, purports to contain, or in any way is represented as containing wool or recycled wool.;
“commerce” applies throughout its subchapter
The term “commerce” means commerce between any State, Territory, or possession of the United States, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or possession or the District of Columbia.;
“Commission” applies throughout its subchapter
The term “Commission” means the Federal Trade Commission.;
“Federal Trade Commission Act” applies throughout its subchapter
The term “Federal Trade Commission Act” means the Act entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes”, approved September 26, 1914 , as amended [ 15 U.S.C. 41 et seq.].;
“fur” applies throughout its subchapter
The term “fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state, but shall not include such skins as are to be converted into leather or which in processing shall have the hair, fleece, or fur fiber completely removed.;
“fur product” applies throughout its subchapter
The term “fur product” means any article of wearing apparel made in whole or in part of fur or used fur.;
“Fur Products Name Guide” applies throughout its subchapter
The term “Fur Products Name Guide” means the register issued by the Commission pursuant to section 69e of this title .;
“invoice” applies throughout its subchapter
The term “invoice” means a written account, memorandum, list, or catalog, which is issued in connection with any commercial dealing in fur products or furs, and describes the particulars of any fur products or furs, transported or delivered to a purchaser, consignee, factor, bailee, correspondent, or agent, or any other person who is engaged in dealing commercially in fur products or furs.;
“person” applies throughout its subchapter
The term “person” means an individual, partnership, corporation, association, business trust, or any organized group of any of the foregoing.;
“United States” applies throughout its subchapter
The term “United States” means the several States, the District of Columbia, and the Territories and possessions of the United States.
“used fur” applies throughout its subchapter
The term “used fur” means fur in any form which has been worn or used by an ultimate consumer.;
“waste fur” applies throughout its subchapter
The term “waste fur” means the ears, throats, or scrap pieces which have been severed from the animal pelt, and shall include mats or plates made therefrom.;
“affixed” applies throughout its subchapter
The term “affixed” means attached to the textile fiber product in any manner.;
“commerce” applies throughout its subchapter
The term “commerce” means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation or between the District of Columbia and any State or Territory or foreign nation.;
“Commission” applies throughout its subchapter
The term “Commission” means the Federal Trade Commission.;
“fabric” applies throughout its subchapter
The term “fabric” means any material woven, knitted, felted, or otherwise produced from, or in combination with, any natural or manufactured fiber, yarn, or substitute therefor.;
“fiber” applies throughout its subchapter
The term “fiber” or “textile fiber” means a unit of matter which is capable of being spun into a yarn or made into a fabric by bonding or by interlacing in a variety of methods including weaving, knitting, braiding, felting, twisting, or webbing, and which is the basic structural element of textile products.;
“household textile articles” applies throughout its subchapter
The term “household textile articles” means articles of wearing apparel, costumes and accessories, draperies, floor coverings, furnishings, beddings, and other textile goods of a type customarily used in a household regardless of where used in fact.;
“manufactured fiber” applies throughout its subchapter
The term “manufactured fiber” means any fiber derived by a process of manufacture from any substance which, at any point in the manufacturing process, is not a fiber.;
“natural fiber” applies throughout its subchapter
The term “natural fiber” means any fiber that exists as such in the natural state.;
“person” applies throughout its subchapter
The term “person” means an individual, partnership, corporation, association or any other form of business enterprise.;
“Territory” applies throughout its subchapter
The term “Territory” includes the insular possessions of the United States, and also any Territory of the United States.;
“textile fiber” applies throughout its subchapter
The term “fiber” or “textile fiber” means a unit of matter which is capable of being spun into a yarn or made into a fabric by bonding or by interlacing in a variety of methods including weaving, knitting, braiding, felting, twisting, or webbing, and which is the basic structural element of textile products.;
“textile fiber product” applies throughout its subchapter
The term “textile fiber product” means— (1) any fiber, whether in the finished or unfinished state, used or intended for use in household textile articles; (2) any yarn or fabric, whether in the finished or unfinished state, used or intended for use in household textile articles; and (3) any household textile article made in whole or in part of yarn or fabric; except that such term does not include a product required to be labeled under the Wool Products Labeling Act of 1939 [ 15 U.S.C. 68 et seq.].;
“ultimate consumer” applies throughout its subchapter
The term “ultimate consumer” means a person who obtains a textile fiber product by purchase or exchange with no intent to sell or exchange such textile fiber product in any form.
“yarn” applies throughout its subchapter
The term “yarn” means a strand of textile fiber in a form suitable for weaving, knitting, braiding, felting, webbing, or otherwise fabricating into a fabric.;
“person” applies throughout its subchapter
the term “person” includes partnerships, corporations, and associations.
“accredited investor” applies in that section
The term “accredited investor” shall mean— (i) a bank as defined in section 77c(a)(2) of this title whether acting in its individual or fiduciary capacity; an insurance company as defined in paragraph (13) of this subsection; an investment company registered under the Investment Company Act of 1940 [ 15 U.S.C. 80a–1 et seq.] or a business development company as defined in section 2(a)(48) of that Act [ 15 U.S.C. 80a–2(a)(48) ]; a Small Business Investment Company licensed by the Small Business Administration; or an employee benefit plan, including an individual retirement account, which is subject to the provisions of the Employee Retirement Income Security Act of 1974 [ 29 U.S.C.
“Commission” applies in that section
The term “Commission” means the Securities and Exchange Commission.;
“dealer” applies in that section
The term “dealer” means any person who engages either for all or part of his time, directly or indirectly, as agent, broker, or principal, in the business of offering, buying, selling, or otherwise dealing or trading in securities issued by another person.;
“emerging growth company” applies in that section
The term “emerging growth company” means an issuer that had total annual gross revenues of less than $1,000,000,000 (as such amount is indexed for inflation every 5 years by the Commission to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, setting the threshold to the nearest 1,000,000) during its most recently completed fiscal year.
“insurance company” applies in that section
The term “insurance company” means a company which is organized as an insurance company, whose primary and predominant business activity is the writing of insurance or the reinsuring of risks underwritten by insurance companies, and which is subject to supervision by the insurance commissioner, or a similar official or agency, of a State or territory or the District of Columbia; or any receiver or similar official or any liquidating agent for such company, in his capacity as such.;
“interstate commerce” applies in that section
The term “interstate commerce” means trade or commerce in securities or any transportation or communication relating thereto among the several States or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia.;
“issuer” applies in that section
The term “issuer” means every person who issues or proposes to issue any security; except that with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates, or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors (or persons performing similar functions) or of the fixed, restricted management, or unit type,
“narrow-based security index” applies in that section
The terms “security future”, “narrow-based security index”, and “security futures product” have the same meanings as provided in section 78c(a)(55) of this title .;
“offer” applies in that section
The term “offer to sell”, “offer for sale”, or “offer” shall include every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, for value. The terms defined in this paragraph and the term “offer to buy” as used in subsection (c) of section 77e of this title shall not include preliminary negotiations or agreements between an issuer (or any person directly or indirectly controlling or controlled by an issuer, or under direct or indirect common control with an issuer) and any underwriter or among underwriters who are or are to be in privity of contract with an issuer (or any person directly or indirectly controlling or controlled by an …
“offer for sale” applies in that section
The term “offer to sell”, “offer for sale”, or “offer” shall include every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, for value. The terms defined in this paragraph and the term “offer to buy” as used in subsection (c) of section 77e of this title shall not include preliminary negotiations or agreements between an issuer (or any person directly or indirectly controlling or controlled by an issuer, or under direct or indirect common control with an issuer) and any underwriter or among underwriters who are or are to be in privity of contract with an issuer (or any person directly or indirectly controlling or controlled by an …
“offer to sell” applies in that section
The term “offer to sell”, “offer for sale”, or “offer” shall include every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, for value. The terms defined in this paragraph and the term “offer to buy” as used in subsection (c) of section 77e of this title shall not include preliminary negotiations or agreements between an issuer (or any person directly or indirectly controlling or controlled by an issuer, or under direct or indirect common control with an issuer) and any underwriter or among underwriters who are or are to be in privity of contract with an issuer (or any person directly or indirectly controlling or controlled by an …
“person” applies throughout its subchapter
The term “person” means an individual, a corporation, a partnership, an association, a joint-stock company, a trust, any unincorporated organization, or a government or political subdivision thereof. As used in this paragraph
“prospectus” applies in that section
The term “prospectus” means any prospectus, notice, circular, advertisement, letter, or communication, written or by radio or television, which offers any security for sale or confirms the sale of any security; except that (a) a communication sent or given after the effective date of the registration statement (other than a prospectus permitted under subsection (b) of section 77j of this title ) shall not be deemed a prospectus if it is proved that prior to or at the same time with such communication a written prospectus meeting the requirements of subsection (a) of section 77j of this title at the time of 1 such communication was sent or given to the person to whom the communication was …
“registration statement” applies in that section
The term “registration statement” means the statement provided for in section 77f of this title , and includes any amendment thereto and any report, document, or memorandum filed as part of such statement or incorporated therein by reference.;
“research report” applies in that section
the term “research report” means a written, electronic, or oral communication that includes information, opinions, or recommendations with respect to securities of an issuer or an analysis of a security or an issuer, whether or not it provides information reasonably sufficient upon which to base an investment decision.;
“sale” applies in that section
The term “sale” or “sell” shall include every contract of sale or disposition of a security or interest in a security, for value.
“security” applies throughout its subchapter
The term “security” means any note, stock, treasury stock, security future, security-based swap, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege …
“security future” applies in that section
The terms “security future”, “narrow-based security index”, and “security futures product” have the same meanings as provided in section 78c(a)(55) of this title .;
“security futures product” applies in that section
The terms “security future”, “narrow-based security index”, and “security futures product” have the same meanings as provided in section 78c(a)(55) of this title .;
“security-based swap” applies in that section
The terms “swap” and “security-based swap” have the same meanings as in section 1a of title 7 . (18) The terms “purchase” or “sale” of a security-based swap shall be deemed to mean the execution, termination (prior to its scheduled maturity date), assignment, exchange, or similar transfer or conveyance of, or extinguishing of rights or obligations under, a security-based swap, as the context may require.;
“sell” applies in that section
The term “sale” or “sell” shall include every contract of sale or disposition of a security or interest in a security, for value.
“separate account” applies in that section
The term “separate account” means an account established and maintained by an insurance company pursuant to the laws of any State or territory of the United States, the District of Columbia, or of Canada or any province thereof, under which income, gains and losses, whether or not realized, from assets allocated to such account, are, in accordance with the applicable contract, credited to or charged against such account without regard to other income, gains, or losses of the insurance company.;
“swap” applies in that section
The terms “swap” and “security-based swap” have the same meanings as in section 1a of title 7 . (18) The terms “purchase” or “sale” of a security-based swap shall be deemed to mean the execution, termination (prior to its scheduled maturity date), assignment, exchange, or similar transfer or conveyance of, or extinguishing of rights or obligations under, a security-based swap, as the context may require.;
“Territory” applies in that section
The term “Territory” means Puerto Rico, the Virgin Islands, and the insular possessions of the United States.;
“trust” applies in that section
the term “trust” shall include only a trust where the interest or interests of the beneficiary or beneficiaries are evidenced by a security.;
“underwriter” applies in that section
The term “underwriter” means any person who has purchased from an issuer with a view to, or offers or sells for an issuer in connection with, the distribution of any security, or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking; but such term shall not include a person whose interest is limited to a commission from an underwriter or dealer not in excess of the usual and customary distributors’ or sellers’ commission. As used in this paragraph
“write” applies in that section
The term “write” or “written” shall include printed, lithographed, or any means of graphic communication.;
“written” applies in that section
The term “write” or “written” shall include printed, lithographed, or any means of graphic communication.;
“bank” applies in that section
the term “bank” means any national bank, or banking institution organized under the laws of any State, territory, or the District of Columbia, the business of which is substantially confined to banking and is supervised by the State or territorial banking commission or similar official; except that in the case of a common trust fund or similar fund, or a collective trust fund,
“savings association” applies in that section
the term “savings association” means a savings association (as defined in section 1813(b) of title 12 ) the deposits of which are insured by the Federal Deposit Insurance Corporation. (13) Any security issued by or any interest or participation in any church plan, company or account that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 [ 15 U.S.C. 80a–3(c)(14) ].
“application” applies in that section
The term “application” or “application for qualification” means the application provided for in section 77eee of this title or section 77ggg of this title , and includes any amendment thereto and any report, document, or memorandum accompanying such application or incorporated therein by reference.;
“application for qualification” applies in that section
The term “application” or “application for qualification” means the application provided for in section 77eee of this title or section 77ggg of this title , and includes any amendment thereto and any report, document, or memorandum accompanying such application or incorporated therein by reference.;
“Bankruptcy Act” applies in that section
The term “Bankruptcy Act” means the Bankruptcy Act or title 11.
“Commission” applies in that section
The term “Commission” means the Securities and Exchange Commission.;
“director” applies in that section
The term “director” means any director of a corporation, or any individual performing similar functions with respect to any organization whether incorporated or unincorporated.;
“executive officer” applies in that section
The term “executive officer” means the president, every vice president, every trust officer, the cashier, the secretary, and the treasurer of a corporation, and any individual customarily performing similar functions with respect to any organization whether incorporated or unincorporated, but shall not include the chairman of the board of directors.;
“indenture” applies in that section
The term “indenture” means any mortgage, deed of trust, trust or other indenture, or similar instrument or agreement (including any supplement or amendment to any of the foregoing), under which securities are outstanding or are to be issued, whether or not any property, real or personal, is, or is to be, pledged, mortgaged, assigned, or conveyed thereunder.;
“indenture security” applies in that section
The term “indenture security” means any security issued or issuable under the indenture to be qualified. (12) The term “obligor”, when used with respect to any such indenture security, means every person (including a guarantor) who is liable thereon, and, if such security is a certificate of interest or participation, such term means also every person (including a guarantor) who is liable upon the security or securities in which such certificate evidences an interest or participation; but such term shall not include the trustee under an indenture under which certificates of interest or participation, equipment trust certificates, or like securities are outstanding.
“indenture to be qualified” applies in that section
The term “indenture to be qualified” means (A) the indenture under which there has been or is to be issued a security in respect of which a particular registration statement has been filed, or (B) the indenture in respect of which a particular application has been filed.;
“indenture trustee” applies in that section
The term “indenture trustee” means each trustee under the indenture to be qualified, and each successor trustee.;
“offer” applies in that section
The terms “sale”, “sell”, “offer to sell”, “offer for sale”, and “offer” shall include all transactions included in such terms as provided in paragraph (3) of section 2(a) of the Securities Act of 1933 [ 15 U.S.C. 77b(a) ], except that an offer or sale of a certificate of interest or participation shall be deemed an offer or sale of the security or securities in which such certificate evidences an interest or participation if and only if such certificate gives the holder thereof the right to convert the same into such security or securities. (3) The term “prospectus” shall have the meaning assigned to such term in paragraph (10) of section 2(a) of the Securities Act of 1933 [ 15 U.S.C.
“offer for sale” applies in that section
The terms “sale”, “sell”, “offer to sell”, “offer for sale”, and “offer” shall include all transactions included in such terms as provided in paragraph (3) of section 2(a) of the Securities Act of 1933 [ 15 U.S.C. 77b(a) ], except that an offer or sale of a certificate of interest or participation shall be deemed an offer or sale of the security or securities in which such certificate evidences an interest or participation if and only if such certificate gives the holder thereof the right to convert the same into such security or securities. (3) The term “prospectus” shall have the meaning assigned to such term in paragraph (10) of section 2(a) of the Securities Act of 1933 [ 15 U.S.C.
“offer to sell” applies in that section
The terms “sale”, “sell”, “offer to sell”, “offer for sale”, and “offer” shall include all transactions included in such terms as provided in paragraph (3) of section 2(a) of the Securities Act of 1933 [ 15 U.S.C. 77b(a) ], except that an offer or sale of a certificate of interest or participation shall be deemed an offer or sale of the security or securities in which such certificate evidences an interest or participation if and only if such certificate gives the holder thereof the right to convert the same into such security or securities. (3) The term “prospectus” shall have the meaning assigned to such term in paragraph (10) of section 2(a) of the Securities Act of 1933 [ 15 U.S.C.
“sale” applies in that section
The terms “sale”, “sell”, “offer to sell”, “offer for sale”, and “offer” shall include all transactions included in such terms as provided in paragraph (3) of section 2(a) of the Securities Act of 1933 [ 15 U.S.C. 77b(a) ], except that an offer or sale of a certificate of interest or participation shall be deemed an offer or sale of the security or securities in which such certificate evidences an interest or participation if and only if such certificate gives the holder thereof the right to convert the same into such security or securities. (3) The term “prospectus” shall have the meaning assigned to such term in paragraph (10) of section 2(a) of the Securities Act of 1933 [ 15 U.S.C.
“sell” applies in that section
The terms “sale”, “sell”, “offer to sell”, “offer for sale”, and “offer” shall include all transactions included in such terms as provided in paragraph (3) of section 2(a) of the Securities Act of 1933 [ 15 U.S.C. 77b(a) ], except that an offer or sale of a certificate of interest or participation shall be deemed an offer or sale of the security or securities in which such certificate evidences an interest or participation if and only if such certificate gives the holder thereof the right to convert the same into such security or securities. (3) The term “prospectus” shall have the meaning assigned to such term in paragraph (10) of section 2(a) of the Securities Act of 1933 [ 15 U.S.C.