Addition of Certain Defined Terms Sample Clauses

Addition of Certain Defined Terms. Section 1.01 of the Credit Agreement is hereby amended by inserting in the appropriate alphabetical order the following defined term:
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Addition of Certain Defined Terms. The following new defined terms shall be added, in alphabetical order, to Section 1.02 (Definitions) of the Supplemental Indenture:
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Addition of Certain Defined Terms. Effective as of the Effective Date, the following definitions are hereby added to Section 1.01 of the Credit Agreement in their proper alphabetical order:
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Addition of Certain Defined Terms. Section 1.3 (Definitions) of the Credit Agreement is hereby amended to add the following definitions in proper alphabetical order: “Chrysler” means LLC, a Delaware limited liability company. “Chrysler Program Terms” means the “Program Terms” attached to either of the Chrysler Supplier Purchase Agreements. “Chrysler SPV” means Chrysler Receivables SPV LLC, a Delaware limited liability company. “Chrysler Supplier Program Receivables” means the “Eligible Receivables” (as defined in the Chrysler Program Terms) purchased from the Borrowers by Chrysler SPV pursuant to either of the Chrysler Supplier Purchase Agreements. “Chrysler Supplier Purchase Agreement” means that certain Supplier Purchase Agreement, dated as of April __, 2009, among Controls, Chrysler SPV and Citibank, or that certain Supplier Purchase Agreement, dated as of April __, 2009, among Parent, Chrysler SPV and Citibank, as applicable, each executed pursuant to the Supplier Program. “Citibank” means Citibank, N.A., a national banking association. “EESA” means the Emergency Economic Stabilization Act of 2008 (Pub. L. 110-343, enacted October 1, 2008) as amended. “GM” means General Motors Corporation, a Delaware corporation. “GM Program Terms” means the “Program Terms” attached to the GM Supplier Purchase Agreements. “GM SPV” means GM Supplier Receivables LLC, a Delaware limited liability company “GM Supplier Program Receivables” means the “Eligible Receivables” (as defined in the GM Program Terms) purchased from the Borrowers by GM SPV pursuant to either of the GM Supplier Purchase Agreements. “GM Supplier Purchase Agreement” means that certain Supplier Purchase Agreement, dated as of April __, 2009, among Controls, GM SPV and Citibank, or that certain Supplier Purchase Agreement, dated as of April __, 2009, among Parent, GM SPV and Citibank, as applicable, each executed pursuant to the Supplier Program. “Supplier Program” means the Auto Supplier Support Program established by the United States Department of the Treasury pursuant to the authority granted to it by and under EESA. 2 “Supplier Program Receivables” means the GM Supplier Program Receivables and the Chrysler Supplier Program Receivables.
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Addition of Certain Defined Terms. Effective as of the date hereof, the following definitions are hereby added to Section 1.02 of the Loan Agreement in their proper alphabetical order with the other definitions in that Section to read as follows:
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Addition of Certain Defined Terms. Section 1.3 (Definitions) of the Credit Agreement is hereby amended to add the following definition in proper alphabetical order: “New Xxxxxx” shall mean New Xxxxxx Conductive Systems, LLC, a Michigan limited liability company. “New Xxxxxx Acquisition” shall mean the transaction, to be consummated on the New Xxxxxx Acquisition Date , whereby the Parent acquires, pursuant to the terms and conditions of the New Xxxxxx Acquisition Documents, (i) fifty-one percent (51%) of all of the outstanding membership interest of New Xxxxxx, and (ii) an option, exercisable on or after January 1, 2013, but not later than December 31, 2013, to acquire forty-nine percent (49%) of the outstanding membership interest of New Xxxxxx from Xxxxxx Conductive Systems, LLC. “New Xxxxxx Acquisition Agreement” shall mean the Asset Purchase and Contribution Agreement among the Parent, Xxxxxx Conductive Systems, LLC, Xxxxxx Xxxxxx, Xxxxxx Xxxxxxx, Xxxxxx Investments, LLC, a Michigan limited liability company, Xxxxxxx Xxxxxx and New Xxxxxx, as in existence as of the New Xxxxxx Acquisition Date. “New Xxxxxx Acquisition Date” shall mean the date, not later than October 16, 2009, of the closing of the New Xxxxxx Acquisition, as determined by the Parent and the other parties to the New Xxxxxx Acquisition Documents. “New Xxxxxx Acquisition Documents” shall mean the New Xxxxxx Acquisition Agreement, and all agreements, instruments and documents executed or to be executed pursuant thereto or in connection therewith, as in existence as of the New Xxxxxx Acquisition Date. S-2 “New Xxxxxx Loan Documents” shall mean that certain loan agreement, to be dated on or about the New Xxxxxx Acquisition Date, between New Xxxxxx and Comerica Bank, pursuant to which New Xxxxxx will borrow an aggregate principal amount of up to Five Million Dollars ($5,000,000) from Comerica Bank, and all agreements, instruments and documents executed pursuant thereto or in connection therewith. “Parent Guaranty” shall mean that certain guaranty agreement of the Parent, in form and substance satisfactory to the Agent, to be dated as of the date of the New Xxxxxx Loan Documents, in favor of Comerica Bank, pursuant to which the Parent guarantees the obligations of New Xxxxxx owing to Comerica Bank pursuant to the New Xxxxxx Loan Documents. 2.3 Addition of New Section 1.11
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Addition of Certain Defined Terms. As of the Sixth Amendment Effective Date, the following definitions are added to Section 1.01 of the Credit Agreement in the appropriate alphabetical positions:
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Addition of Certain Defined Terms. The following definitions are hereby added to Annex A to the CSA in their proper alphabetical order to read as follows:
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Related to Addition of Certain Defined Terms

  • Incorporation of Certain Definitions by Reference Each capitalized term used herein and not otherwise defined herein shall have the meaning provided therefor (including by incorporation by reference) in the Related Documents.

  • Certain Defined Terms As used in this Agreement, the following terms shall have the following meanings (such meanings to be equally applicable to both the singular and plural forms of the terms defined):

  • Certain Definitions For purposes of this Agreement, the following terms have the meanings indicated:

  • Definition of Certain Terms For purposes of this Agreement, (a) “business day” means any day on which the New York Stock Exchange, Inc. is open for trading and (b) “subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.

  • Definition of Certain Terms Used Herein As used herein, the following terms shall have the following meanings:

  • Use of Certain Words Unless the context requires otherwise: (i.) “including” (and any of its derivative forms) means including but not limited to;

  • Construction of Certain Phrases (a) For purposes of this Agreement, references to the “Company” shall include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, and employees or agents, so that if Indemnitee is or was a director, officer, employee or agent of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation as Indemnitee would have with respect to such constituent corporation if its separate existence had continued. (b) For purposes of this Agreement, references to “other enterprises” shall include employee benefit plans; references to “fines” shall include any excise taxes assessed on Indemnitee with respect to an employee benefit plan; and references to “serving at the request of the Company” shall include any service as a director, officer, employee or agent of the Company which imposes duties on, or involves services by, such director, officer, employee or agent with respect to an employee benefit plan, its participants, or beneficiaries; and if Indemnitee acted in good faith and in a manner Indemnitee reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan, Indemnitee shall be deemed to have acted in a manner “not opposed to the best interests of the Company” as referred to in this Agreement.

  • Construction of Certain References References to: (a) the records of Euroclear and Clearstream, Luxembourg shall be to the records that each of Euroclear and Clearstream, Luxembourg holds for its customers which reflect the amount of such customers’ interests in the Notes; (b) other capitalised terms not defined in this Agreement are to those terms as defined in the Conditions; (c) principal and interest shall be construed in accordance with Condition 5; and (d) costs, charges, remuneration or expenses include any value added, turnover or similar tax charged in respect thereof.

  • Absence of Certain Changes, Events and Conditions Since the Interim Balance Sheet Date, and other than in the ordinary course of business consistent with past practice as contemplated herein, there has not been, with respect to the Companies, any: (a) event, occurrence or development that has had, or could reasonably be expected to have, individually or in the aggregate, a Business Material Adverse Effect; (b) amendment of such entities’ chartering documents; (c) split, combination or reclassification of any shares of its limited liability company/membership interests, capital stock or other equity interests; (d) except any transaction that may occur pursuant to the WSDA Agreement, issuance, sale or other disposition of any of its limited liability company/membership interests, capital stock or other equity interests, or grant of any options, warrants or other rights to purchase or obtain (including upon conversion, exchange or exercise) any of its limited liability company/membership interests, capital stock or other equity interests; (e) declaration or payment of any dividends or distributions on or in respect of any of its limited liability company/membership interests, capital stock or other equity interests, or redemption, purchase or acquisition of its limited liability company/membership interests, capital stock or other equity interests; (f) material change in any method of accounting or accounting practice, except as required by GAAP or SAP or as disclosed in the notes to the Financial Statements; (g) material change in its cash management practices and its policies, practices and procedures with respect to collection of accounts receivable, establishment of reserves for uncollectible accounts, accrual of accounts receivable, inventory control, prepayment of expenses, payment of trade accounts payable, accrual of other expenses, deferral of revenue and acceptance of customer deposits; (h) entry into any contract that would constitute a Material Contract; (i) incurrence, assumption or guarantee of any Indebtedness for borrowed money except unsecured current obligations and Liabilities incurred in the ordinary course of business consistent with past practice; (j) transfer, assignment, sale or other disposition of any material assets shown or reflected in the Interim Balance Sheet or cancellation of any debts or entitlements; (k) transfer, assignment or grant of any license or sublicense of any material rights under or with respect to any Company Intellectual Property or Company IP Agreements; (l) material damage, destruction or loss (whether or not covered by insurance) to an asset material to it; (m) capital investment in, or any loan to, any other Person; (n) acceleration, termination, material modification to or cancellation of any Material Contract to which it is a party or by which it is bound; (o) material capital expenditures; (p) imposition of any Encumbrance upon its properties, capital stock or assets, tangible or intangible; (i) grant of any bonuses, whether monetary or otherwise, or increase in any wages, salary, severance, pension or other compensation or benefits in respect of the Companies current or former employees, directors, officers, managers, independent contractors or consultants, other than (A) in the ordinary course of business consistent with past practices, (B) as provided for in any written agreements or (C) as required by applicable Law, (ii) change in the terms of employment for any employee or any termination of any employees for which the aggregate costs and expenses exceed $10,000, or (iii) action to accelerate the vesting or payment of any compensation or benefit for any current or former employee, officer, director, manager, independent contractor or consultant; (r) hiring or promoting any person as or to (as the case may be) an officer or hiring or promoting any employee below officer except to fill a vacancy in the ordinary course of business; (s) adoption, modification or termination of any: (i) employment, severance, retention or other agreement with any current or former employee, officer, director, manager, independent contractor or consultant, (ii) Plan or (iii) collective bargaining or other agreement with a union, in each case whether written or oral; (t) loan to (or forgiveness of any loan to), or entry into any other transaction with, any of its shareholders or members, or current or former directors, managers, officers and employees; (u) entry into a new line of business or abandonment or discontinuance of existing lines of business; (v) except for this Agreement, adoption of any plan of merger, consolidation, reorganization, liquidation or dissolution or filing of a petition in bankruptcy under any provisions of federal or state bankruptcy Law or consent to the filing of any bankruptcy petition against it under any similar Law; (w) purchase, lease or other acquisition of the right to own, use or lease any property or assets for an amount in excess of $100,000 individually (in the case of a lease, per annum) or $100,000 in the aggregate (in the case of a lease, for the entire term of the lease, not including any option term), except for purchases of inventory or supplies in the ordinary course of business consistent with past practice; (x) acquisition by merger or consolidation with, or by purchase of a substantial portion of the assets or stock or limited liability company/membership interests of, or by any other manner, any business or any Person or any division thereof; (y) action by it to make, change or revoke any material election in respect of Taxes (except as required by Law), change an annual accounting period, adopt or change any accounting method with respect to Taxes except as may be required as a result of a change in Law, make any material agreement or settlement with respect to Taxes, file any amended Tax return, surrender any right to claim a refund of Taxes, or consent to any extension or waiver of the limitation period applicable to any Tax claim or assessment; (z) entry, issuance, or filing, with or without the request or consent or over the objection of it, or any order, consent order, of directive relating to any Company of or by any Applicable Regulator, or undertaking or agreement by such Company to or with any Applicable Regulator; or (aa) Contract to do any of the foregoing, or any action or omission that would result in any of the foregoing.

  • Construction of Certain Terms and Phrases Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrases "ordinary course of business" and "ordinary course of business consistent with past practice" refer to the business and practice of Seller in connection with the Business. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP.

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