Unless otherwise defined below, terms used in this rule have the same meanings as set forth in the Gaming Control Act:
- A. “control,” when used as a noun, means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or to exercise significant influence over management and policies due to financial investment, assumption of debts or expenses, or other monetary or non-monetary considerations extended to the applicant or licensee; when used as a verb, “control” means to exert, directly or indirectly, such power, or to be in a position to exert such power.
- B. “enforce a security interest” means to transfer possession of ownership or title pursuant to a security interest.
- C. “gaming property collateral” means property subject to a security interest; gaming property collateral may include a security issued by a company licensee, a security issued by a holding company that is not a publicly traded corporation, or a security issued by a holding company that is a publicly traded corporation, if the enforcement of the security interest will result in the secured party’s acquiring control over the holding company.
- D. “license” means an authorization required by the board for engaging in gaming activities but does not include work permits or certifications of findings of suitability.
- E. “secured party” means a person who is a lender, seller, or other person who holds a valid security interest.
- F. “security” means any ownership right or creditor relationship; “security” includes: (i) stock; (ii) bonds; (iii) membership in an incorporated association; (iv) partnership interest in a general or limited partnership; (v) debenture or other evidence of indebtedness; (vi) investment contract; (vii) voting trust certificate; (viii) certificate of deposit for a security; (ix) any other interest or instrument commonly known as a security; (x) any certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase any of the foregoing.
- G. “security agreement” means an agreement that creates or provides a security interest.
- H. “security interest” means an interest in property that secures the payment or performance of an obligation or judgment.
- I. “State” means the State of New Mexico.
J. “this title” means Chapter 15, Part 1 of the New Mexico Administrative Code.
[N, 4/30/99; 15.1.21.7 NMAC – Rn, 15 NMAC 1.21.7, 2/14/02]