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; 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:
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; 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:
Other Capitalized Terms The following terms shall have the meanings specified in the indicated section of this Agreement: 2011 Audited Financial Statements 5.7(a) Accounting Firm 2.3(d) Action 6.9 Acquisition Proposal 7.8(b) Agreement Preamble Antitrust Law 7.3(b) Audited Financial Statements 5.7(a) Business Recitals Buyer Preamble Buyer Common Stock 2.1(c) Buyer Expenses 9.2(c) Buyer Financial Statements 6.6(a) Buyer Indemnitee 10.2(a) Buyer Objection 11.1(b) Buyer Stockholder Approval 6.3 Buyer Termination Fee 9.2(a) Buyer Triggering Action 7.12(c) Cap 10.3(a) Claims Notice 10.4(b) Closing 3.1 Closing Date 3.1 Closing Date Common Stock Cash Consideration 2.1(c) Commitment Letter 6.11 Common Shares Recitals Company Preamble Company Benefit Plans 5.23(a) Company Representations 10.1 Company Subsidiary 5.3 Competing Business 7.10(b) Confidentiality Agreement 7.2(b) Cut-Off Date 10.1 Deductible Amount 10.3(b) DOJ 7.3(b) EC 7.3(b) Employees 5.24(a) Financial Covenant Conditions 7.15(c) FASB 5.22(c) FDA 5.13(a) FDCA 5.13(f) FIN 48 5.21(d) Final Working Capital 2.3(e) Financial Statements 5.7(a) Financing 6.11 FTC 7.3(b) Holdings 5.2(a) Indemnitee 10.2(b) Indemnitee Parties 10.3(d) Initial Termination Date 9.1(b) Insurance Policies 5.15 Intellectual Property Rights 5.26(b) IP License 5.26(a) Leased Real Property 5.20(b) Leases 5.20(b) Losses 10.2(a) Material Contracts 5.10(a) Medical Device 5.13(f) Notice of Disagreement 2.3(b) OpCo 5.2(a) Owned Property Leases 5.20(a)(ii) Owned Real Property 5.20(a)(i) Partner 5.13(b) Per Common Share Closing Date Cash Consideration 2.1(c) Per Preferred Share Cash Consideration 2.1(c) Per Share Buyer Stock Consideration 2.1(c) Permits 5.12 Post-Closing Covered Tax Returns 11.1(a) Pre-Closing Covered Tax Returns 11.1(a) Preferred Shares Recitals Preferred Stock Consideration 2.1(c) Prior Year Audited Financial Statements 5.7(a) Proceeding 5.13(i) Programs 5.13(i) Property Taxes 11.2 Proxy Statement 7.12(a) Rights Plan 6.14 Seller Indemnitee 10.2(b) Seller Objection 11.1(c) Seller Representations 10.1 Sellers Preamble Sellers’ Expenses 9.2(b) Sellers’ Representative Preamble Shares Recitals Special Meeting 7.12(a) Statement 2.3(a) Stockholders Agreement Recitals Substitute Financing 7.15(b) Tax Claim 11.4 Tax Refund 11.8 Termination Date 9.1(b) Unaudited Financial Statements 5.7(a) WARN 5.24(d) Working Capital Estimate 2.1(b)
Preamble and Definitions 1.1 The preamble to this Agreement constitutes an integral part of this Agreement, as do the terms of the Plan. 1.2 Unless otherwise defined herein, capitalized terms used herein shall have the meaning ascribed to them in the Plan.
Certain Terms Defined The following terms (except as otherwise expressly provided herein or in any indenture supplemental hereto, 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 or the definitions of which in the Securities Act of 1933 are referred to in the Trust Indenture Act of 1939, including terms defined therein by reference to the Securities Act of 1933 (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meanings assigned to such terms in said Trust Indenture Act and in said Securities Act as in force at the date of this Indenture. 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. 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.
Recitals and Definitions Each of the parties hereto acknowledges and agrees that the recitals set forth above in this Agreement are true and accurate, are contractual in nature, and are hereby incorporated into and made a part of this Agreement.