Recitals; Capitalized Terms The foregoing recitals are hereby incorporated by reference. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them as set forth in the Lease.
Capitalized Terms Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.
Headings and Capitalized Terms Paragraph headings used herein are for convenience of reference only and shall not be considered in construing this Award. Capitalized terms used, but not defined, in this Award shall be given the meaning ascribed to them in the Plan.
Capitalized Terms Generally Capitalized terms used in this Annex A and not otherwise defined herein have the meanings assigned to them in the Agreement.
Capitalized Terms; Interpretive Provisions (a) Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed thereto or incorporated by reference in the Sale and Servicing Agreement, the Trust Agreement or the Indenture, as the case may be. Whenever used herein, unless the context otherwise requires, the following words and phrases shall have the following meanings:
Other Capitalized Terms The following terms shall have the meanings specified in the indicated section of this Agreement: Accounting Firm 2.6(c) Accounts Receivable 4.26 Additional Transfer Documents 3.2(a)(iii) ADSP 6.3(c)(iii) ADSP Allocation 6.3(c)(iii) Agreed Amount 10.6(b) Agreement Preamble Allocation Schedule 6.3(b)(i) Alternative Financing 6.18(b) Assumed Liabilities 2.3 Assumed Taxes 10.3(d) Audited Financial Statements 4.10(a) Base Consideration 2.5 Xxxx of Sale and Assumption Agreement 3.2(a)(iii) Business Recitals Business Confidential Information 6.15 Business Permits 4.25 Cap 10.4(a) Claim Period 10.6(a) Claimed Amount 10.6(a) Closing 3.1 Closing Date 3.1 Closing Purchase Price 2.5 Closing Statement 2.6(b) Continuing Employees 6.10(a) De Minimis Amount 10.4(a) Debt Financing Failure Event 6.18(b) Disclosed Matter 6.26 Disclosed Matter Notice 6.26 Dispute 10.6(c) Escrow Account 2.7 Escrow Amount 2.5 Excluded Assets 2.2 Excluded Liabilities 2.4 Expiration Date 10.1(a) Final Closing Purchase Price 2.6(e) Financial Statements 4.10(a) FSA Plan 6.10(i) Indemnified Party 10.6(a) Indemnifying Party 10.6(a) Interim Financial Statements 4.10(a) IP Assignment Agreements 3.2(a)(xi) Latest Balance Sheet 4.10(a) Lease Assignment and Assumption Agreement 3.2(a)(iv) Leased Real Property 4.17(b) Lender 1.1 Licensed Intellectual Property 4.16(a) Material Contracts 4.14(a) Nonassignable Asset 2.8(a) Notice of Claim 10.6(a) Objections Notice 6.3(b)(ii) Owned Intellectual Property 4.16(a) Parent Seller Preamble Post-Closing Collection Amounts 6.8(a) Post-Signing Returns 6.3(a)(ii) Pre-Closing Statement 2.6(a) Pre-Closing Taxes 10.2(d) Privacy Policy 4.16(g) Purchaser Preamble Purchaser HRA Account 6.10(l) Purchaser HRA Plan 6.10(l) Purchaser HSA Account 6.10(l) Purchaser HSA Plan 6.10(l) Purchaser Related Parties 9.3(c) Related Terms 6.23(c) Release Date 10.1(a) Response 10.6(b) Response Period 6.3(b)(ii) Restricted Competitive Products 1.1 Restrictive Covenants 6.12(b) Retention Agreements Recitals Retiree Medical Eligible Transferred Employee 6.10(h) Retiree Medical Plan 6.10(h) Review Period 10.6(b) Section 338 Forms 6.3(c)(ii) Section 338(h)(10) Elections 6.3(c)(i) Seller Preamble Seller Bonds 4.31 Seller HRA Account 6.10(l) Seller HRA Plan 6.10(l) Sellers Preamble Sellers’ 401(k) Plan 6.10(g) Straddle Period 6.3(g) Sublease 3.2(a)(xiv) Tax Contest 6.5 Termination Date 9.1(d) Third Party Claim 10.7(a) Third Party Claim Notice 10.7(a) Threshold Amount 10.4(a) Trademarks 1.1 Transfer Taxes 6.3(d) Transferred Assets 2.1 Transferred Contracts 2.1(a) Transferred Employees 6.10(a) Transferred Leases 2.1(b) Transition Services Agreement 3.2(a)(ii)
Capitalized Terms; Rules of Usage Capitalized terms used in this Agreement that are not otherwise defined shall have the meanings ascribed thereto in Appendix 1 to the Exchange Note Supplement or, if not defined therein, in Appendix A to the Collateral Agency Agreement, which Appendices are hereby incorporated into and made a part of this Agreement. Appendix 1 also contains rules as to usage applicable to this Agreement. Except as otherwise specified herein or as the context may otherwise require, the following terms have the respective meanings set forth below for all purposes of this Agreement:
Use of Capitalized Terms Unless otherwise defined therein, all capitalized terms defined in this Agreement shall have the defined meanings when used in this Agreement, the Notes and the other Loan Documents or any certificate, report or other document made or delivered pursuant to this Agreement.
Recitals; Defined Terms The recitals set forth above are true and correct and are incorporated herein by this reference. Capitalized terms used throughout this Amendment shall have the meanings set forth in the Agreement, unless otherwise specifically defined herein.
Certain Terms Defined The following terms (except as otherwise expressly provided or unless the context otherwise clearly requires) for all purposes of this Indenture and of any indenture supplemental hereto shall have the respective meanings specified in this Section. All other terms used in this Indenture that are defined in the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), or the definitions of which in the Securities Act of 1933, as amended (the “Securities Act”), are referred to in the Trust Indenture Act, including terms defined therein by reference to the Securities Act (except as herein otherwise expressly provided or unless the context otherwise requires), shall have the meaning assigned to such terms in the Trust Indenture Act and in the Securities Act as in effect from time to time. All accounting terms used herein and not expressly defined shall have the meanings assigned to such terms in accordance with generally accepted accounting principles, and the term “generally accepted accounting principles” means such accounting principles as are generally accepted at the time of any computation unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3. The words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or other subdivision. The terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular.
