Capitalized Terms Under the Operating Agreement. The parties hereby agree that all capitalized terms used but not defined in this Amendment shall have the meanings ascribed to those capitalized terms in the Operating Agreement.
Capitalized Terms Under the Operating Agreement Sample Clauses
Related to Capitalized Terms Under the Operating 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:
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.
Certain Capitalized Terms To the extent any capitalized term used in any Transaction Document is defined in any other Transaction Document (as noted therein), such capitalized term shall remain applicable in the Transaction Document in which it is so used even if the other Transaction Document (wherein such term is defined) has been released, satisfied, or is otherwise cancelled or terminated.
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; Rules of Usage Capitalized terms used herein that are not otherwise defined shall have the meaning ascribed thereto in Appendix 1 to the 2020-B Servicing Supplement or, if not defined therein, in Appendix A to the Basic Collateral Agency 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: Term Section Acquirer Expenses 9.3(b) Term Section Acquirer Material Adverse Effect 5.1 Acquirer Parties Preamble Acquisition Agreement 7.4(a) Affero GPL 4.15(g) Agreement Preamble Associated Person 4.6(c) Assumed Shares 3.3(e) Certificate of Merger 2.3 Certificates 3.4(a) Closing 2.2 Closing Date 2.2 Company Preamble Company Adverse Recommendation Change 7.4(c) Company Board Recitals Company Board Recommendation 7.1(d) Company Employees 7.15(a) Company Equity Awards 3.3(c) Company Indemnified Parties 7.7(a) Company Intellectual Property 4.15(a) Company Interim Balance Sheet 4.11(b) Company Lease 4.22(b) Company Leased Facility 4.22(b) Company Material Contract 4.9(a) Company Material Contracts 4.9(a) Company Material Employment Arrangement 4.9(b) Company Notice of Recommendation Change 7.4(d) Company Plan 4.13(a) Company Privacy Policy 4.16 Company PSU Award 3.3(c) Company RSU Award 3.3(b) Company SEC Documents 4.8 Company Securities 4.7(b) Company Stock Option 3.3(a) Company Stockholder Approval 4.2 Company Stockholder Meeting 7.1(a) Company Stockholders 7.1(a) Company Takeover Proposal 7.4(h) Company Termination Fee 9.3(b) Company Year-End Balance Sheet 4.11(b) Confidentiality Agreement 7.3(b) Debt Commitment Letter 5.8(a) Debt Financing 5.8(a) Dissenting Shares 3.7 Effective Time 2.3 Expenses 10.10 Term Section FCA 4.3 FLSA 4.12(c) GDPR 4.16 GPL 4.15(g) Injunction 8.1(c) Intervening Event 7.4(d) Joint Venture Interests 4.7(d) Lenders 5.8(a) Losses 7.7(a) Maximum Amount 7.7(c) Merger 2.1 Merger Consideration 3.1(a) Merger Sub Preamble Money Laundering Laws 4.6(m) Non-Recourse Party 10.11 Non-U.S. Company Plan 4.13(k) OFAC 4.6(l) Offering Documents 7.11(c) Orders 4.2 Outside Date 9.1(b)(i) Parent Preamble Parent Common Stock 3.3(a) Parties Preamble Party Preamble Paying Agent 3.4(a) Permits 4.6(b) Personal Information 4.16 Proxy Statement 7.1(a) Recommendation Change Notice Period 7.4(d) Representatives 7.4(a) Residual Shares 3.3(e) Xxxxxxxx-Xxxxx Act 4.8 Security Programs 4.16 Superior Company Proposal 7.4(h) Surviving Corporation 2.1 Tax Sharing Agreements 4.11(i) Uncertificated Shares 3.4(a) Union 4.12(b)
Defined Terms Used in this Agreement In addition to the terms defined above, the following terms used in this Agreement shall be construed to have the meanings set forth or referenced below.
Accounting Terms; Utilization of GAAP for Purposes of Calculations Under Agreement Except as otherwise expressly provided in this Agreement, all accounting terms not otherwise defined herein shall have the meanings assigned to them in conformity with GAAP. Financial statements and other information required to be delivered by Company to Lenders pursuant to clauses (ii), (iii) and (xii) of subsection 6.1 shall be prepared in accordance with GAAP as in effect at the time of such preparation (and delivered together with the reconciliation statements provided for in subsection 6.1(v)). Calculations in connection with the definitions, covenants and other provisions of this Agreement shall utilize GAAP as in effect on the date of determination, applied in a manner consistent with that used in preparing the financial statements referred to in subsection 5.3. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and Company, Administrative Agent or Requisite Lenders shall so request, Administrative Agent, Lenders and Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to the approval of Requisite Lenders), provided that, until so amended, such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and Company shall provide to Administrative Agent and Lenders reconciliation statements provided for in subsection 6.1(v).
