Common use of Capitalized Terms Clause in Contracts

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 140 contracts

Samples: Agreement and Plan of Merger (Otonomo Technologies Ltd.), Voting Agreement (Nokia Corp), Voting Agreement (Infinera Corp)

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Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 107 contracts

Samples: Voting Agreement (Ammo, Inc.), Voting Agreement, Support Agreement

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 81 contracts

Samples: Voting Agreement, Voting Agreement (Community First Bancshares, Inc.), Voting Agreement (1st Constitution Bancorp)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined in this Agreement, capitalized terms used and not defined herein Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 74 contracts

Samples: Tender and Support Agreement (Dakota Growers Pasta Co Inc), Tender and Support Agreement (Dakota Growers Pasta Co Inc), Tender and Support Agreement (Viterra Inc /Fi)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and in this Agreement that are not defined herein shall have the respective such meanings ascribed to them as set forth in the Merger Agreement.

Appears in 61 contracts

Samples: Voting Agreement (Citizens Community Bancorp Inc.), Agreement and Plan of Merger (Great Western Bancorp, Inc.), Letter Agreement (Citizens Community Bancorp Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them assigned thereto in the Merger Agreement.

Appears in 24 contracts

Samples: Pacwest Stock Option Agreement (Pacwest Bancorp), Capitalsource Stock Option Agreement (Capitalsource Inc), Capitalsource Stock Option Agreement (Pacwest Bancorp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 18 contracts

Samples: Agreement and Plan of Merger (Lakeland Bancorp Inc), Voting Agreement (Investors Bancorp, Inc.), Form of Voting Agreement (ConnectOne Bancorp, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 16 contracts

Samples: Support Agreement (New Fortress Energy Inc.), Support Agreement (Golar LNG LTD), Support Agreement (Golar LNG Partners LP)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein without definition shall have the respective meanings ascribed attributed to them such terms in the Merger Agreement.

Appears in 15 contracts

Samples: Agreement and Plan of Merger (United Community Financial Corp), Agreement and Plan of Merger (PVF Capital Corp), Agreement and Plan of Merger (First Defiance Financial Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 12 contracts

Samples: Voting and Sale Agreement (Crest Financial LTD), Voting and Sale Agreement (Sprint Nextel Corp), Voting and Sale Agreement (Sprint Nextel Corp)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein in this Agreement shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 11 contracts

Samples: Stockholder Tender and Voting Agreement (Cgi Group Inc), Stockholder Tender and Voting Agreement (Cgi Group Inc), Stockholder Tender and Voting Agreement (Cgi Group Inc)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined in ----------------- this Agreement, capitalized terms used and not defined herein Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 11 contracts

Samples: Agreement and Plan of Merger (General Electric Co), Stock Option Agreement (Oec Medical Systems Inc), Shareholder Agreement (General Electric Co)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed definitions assigned to them such terms in the Merger Partnership Agreement.

Appears in 9 contracts

Samples: First Amendment (General Growth Properties, Inc.), Fourth Amendment (General Growth Properties, Inc.), Second Amendment (General Growth Properties, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and in this Agreement that ----------------- are not defined herein shall have the respective such meanings ascribed to them as set forth in the Merger Agreement.

Appears in 9 contracts

Samples: Telespectrum Stockholder Support Agreement (International Data Response Corp), Stockholder Agreement (Laboratory Corp of America Holdings), Telespectrum Stockholder Support Agreement (Telespectrum Worldwide Inc)

Capitalized Terms. For the purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 8 contracts

Samples: Voting Agreement (Omni Energy Services Corp), Voting Agreement (Omni Energy Services Corp), Voting Agreement (Omni Energy Services Corp)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and but not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 7 contracts

Samples: Company Support Agreement (FutureTech II Acquisition Corp.), Sponsor Support Agreement (FutureTech II Acquisition Corp.), Voting and Support Agreement (Denali Capital Acquisition Corp.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 6 contracts

Samples: Voting Agreement (Divx Inc), Voting Agreement (Sonic Solutions/Ca/), Voting Agreement (Sonic Solutions/Ca/)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Business Combination Agreement.

Appears in 5 contracts

Samples: Sponsor Support Agreement (Altitude Acquisition Corp.), Sponsor Voting Agreement (TKB Critical Technologies 1), Form of Wejo Voting Agreement (TKB Critical Technologies 1)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and herein but not defined herein shall have the respective meanings ascribed given to them such terms in the Merger Agreement.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (National Home Health Care Corp), Agreement and Plan of Merger (National Home Health Care Corp), Agreement and Plan of Merger (National Home Health Care Corp)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement. For the avoidance of doubt, the term "Affiliate," as used in this Agreement, shall have the meaning ascribed to such term in the Merger Agreement.

Appears in 5 contracts

Samples: Voting and Support Agreement (Employers Holdings, Inc.), Voting and Support Agreement (Stephens Sam A), Voting and Support Agreement (Employers Holdings, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Share Exchange Agreement.

Appears in 4 contracts

Samples: Voting Agreement, Voting Agreement (SIMPLICITY ESPORTS & GAMING Co), Voting Agreement (Motus GI Holdings, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Amalgamation Agreement.

Appears in 4 contracts

Samples: Voting Agreement (Validus Holdings LTD), Voting Agreement (Mattel Inc /De/), Voting Agreement (Validus Holdings LTD)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and that are not defined herein shall in this Amendment have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (SyntheMed, Inc.), Agreement and Plan of Merger (SyntheMed, Inc.), Agreement and Plan of Merger (SyntheMed, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.. ARTICLE II VOTING AGREEMENT AND IRREVOCABLE PROXY

Appears in 4 contracts

Samples: Voting Agreement (Galaxy Universal LLC), Voting Agreement (Galaxy Universal LLC), Voting Agreement (Galaxy Universal LLC)

Capitalized Terms. For purposes of Each capitalized term used in this Agreement, capitalized terms used Agreement and not defined herein shall have the respective meanings meaning ascribed to them such term in the Merger Agreement.

Appears in 4 contracts

Samples: Voting Agreement (Critical Path Inc), Voting Agreement (Vectis Cp Holdings LLC), Voting Agreement (Critical Path Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them assigned thereto in the Merger Agreement. [Next page is a signature page.]

Appears in 4 contracts

Samples: Stock Option Agreement (Marshall & Ilsley Corp), Stock Option Agreement (Bank of Montreal /Can/), Stock Option Agreement (PNC Financial Services Group Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein in this Agreement shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 4 contracts

Samples: Voting Agreement (Lilis Energy, Inc.), Voting Agreement (Lilis Energy, Inc.), Voting Agreement (Brushy Resources, Inc.)

Capitalized Terms. For purposes of this Agreement, The capitalized terms used and not defined herein shall have the respective meanings meaning ascribed to them in the Merger AgreementAgreement unless said terms are specifically defined herein.

Appears in 3 contracts

Samples: Management Agreement, Management Agreement (MedClean Technologies, Inc.), Management Agreement (Biomedical Technology Solutions Holdings Inc)

Capitalized Terms. For the purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings means ascribed to them in the Merger Agreement.

Appears in 3 contracts

Samples: Voting Agreement (Per Se Technologies Inc), Voting Agreement (McKesson Corp), Voting Agreement (Luminex Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein without definition ----------------- shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: The Agreement and Plan of Merger (Sealy Corp), Agreement (Silicon Graphics Inc /Ca/), The Agreement and Plan of Merger (Muzak Finance Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: Escrow Agreement (Madison River Communications Corp), Escrow Agreement (Madison River Communications Corp.), Voting Agreement (Cendant Corp)

Capitalized Terms. (a) For purposes of this Support Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 3 contracts

Samples: Voting and Support Agreement (Sesen Bio, Inc.), Parent Stockholder Support Agreement (Sesen Bio, Inc.), Company Stockholder Support Agreement (Sesen Bio, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and herein but not defined ----------------- herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: Stock Option Agreement (Rental Service Corp), Stock Option Agreement (Nationsrent Inc), Stock Option Agreement (Nationsrent Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein in this Amendment shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: The Agreement and Plan of Merger (Zynga Inc), The Agreement and Plan of Merger (Take Two Interactive Software Inc), The Agreement and Plan of Merger (FGL Holdings)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined in this Agreement, capitalized terms used and not Agreement shall be defined herein shall have the respective meanings ascribed to them as set forth in the Merger Agreement.

Appears in 3 contracts

Samples: Settlement Agreement and Release (Apollo Global Management LLC), Settlement Agreement and Release (Huntsman International LLC), Settlement Agreement and Release (Hexion Specialty Chemicals, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: Trust Voting Agreement (Manville Personal Injury Settlement Trust), Stockholder Agreement (Johns Manville Corp /New/), Trust Voting Agreement (Johns Manville Corp /New/)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein in this Agreement without definition shall have the respective meanings ascribed to meaning given them in the Merger Agreement.

Appears in 3 contracts

Samples: Prudential Asset Purchase Agreement (Brandywine Realty Trust), Prudential Asset Purchase Agreement (Brandywine Operating Partnership Lp /Pa), Alternative Asset Purchase Agreement (Brandywine Operating Partnership Lp /Pa)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Playcore Inc), Securities Agreement (Bell Sports Corp), Noncompetition Agreement (Pure Resources Ii Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and herein but not defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: Stock Option Agreement (Atlantic Richfield Co /De), Stock Option Agreement (Amoco Corp), Stock Option Agreement (Bp Amoco PLC)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined ----------------- in this Agreement, capitalized terms used and not defined herein Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 3 contracts

Samples: Stockholder Agreement (Headhunter Net Inc), Stockholder Agreement (Headhunter Net Inc), Stock Option Agreement (Data Critical Corp)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined in this Agreement, capitalized terms used and not defined herein ----------------- Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 3 contracts

Samples: Stockholder Agreement (Headhunter Net Inc), Stockholder Agreement (Headhunter Net Inc), Stockholder Agreement (Career Holdings Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined ----------------- herein shall have the respective meanings ascribed assigned to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: Stockholder Agreement and Proxy (Gec Acquisition Corp), Stockholder Agreement and Proxy (Reltec Corp), Stockholder Agreement and Proxy (Gec Acquisition Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not otherwise defined herein shall have the respective meanings ascribed to them such terms in the Merger Combination Agreement.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (ARYA Sciences Acquisition Corp IV), Limited Liability Company Agreement (Amicus Therapeutics, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 2 contracts

Samples: Call Option, Put Option and Purchase Price Adjustment Agreement (Apartment Investment & Management Co), Call Option, Put Option and Purchase Price Adjustment Agreement (Apartment Investment & Management Co)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Gart Sports Co), Registration Rights Agreement (Gart Sports Co)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed given to them in the Merger Agreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Capital One Financial Corp), Registration Rights Agreement (Capital One Financial Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and in this Agreement that are not defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 2 contracts

Samples: Support Agreement (Health Care Reit Inc /De/), Support Agreement (Health Care Reit Inc /De/)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement; provided, however, that no amendment or modification to any such term shall amend or modify its meaning for purposes hereof without the prior written consent of Stockholder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (NextWave Wireless Inc.), Voting Agreement (Navation, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them thereto in the Merger Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (Centris Group Inc), 1 Stock Option Agreement (HCC Insurance Holdings Inc/De/)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not ----------------- defined herein shall have the respective meanings ascribed to them assigned thereto in the meanings assigned thereto in the Merger Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (First Place Financial Corp /De/), Stock Option Agreement (Ffy Financial Corp)

Capitalized Terms. For purposes of this Agreement, Those capitalized terms used and but not defined herein shall have that are defined in the respective Merger Agreement are used herein with the same meanings as ascribed to them therein. Those capitalized terms used in this Agreement that are not defined in the Merger Agreement are defined in Annex A hereto and are used herein with the meanings ascribed to them in the Merger Agreementtherein.

Appears in 2 contracts

Samples: Stock Option Agreement (Circle International Group Inc /De/), Stock Option Agreement (Egl Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ballard Power Systems Inc.), Support Agreement (Mandalay Digital Group, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.. The following terms, whenever used in this Agreement, shall have the respective meanings ascribed to them below:

Appears in 2 contracts

Samples: Stockholder Support Agreement (Conatus Pharmaceuticals Inc.), Stockholder Support Agreement (Conatus Pharmaceuticals Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and in this Agreement that are not defined herein shall have the respective such meanings ascribed to them as set forth in the Merger Agreement. 14.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Great Western Bancorp, Inc.), Agreement and Plan of Merger (Concord Efs Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not ----------------- defined herein shall have the respective meanings ascribed to them assigned thereto in the Merger Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (First Place Financial Corp /De/), Stock Option Agreement (Ffy Financial Corp)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and but not ------------------ otherwise defined herein in this Agreement shall have the respective same meanings ascribed to them set forth in the Merger Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (NNG Inc), Agreement and Plan of Merger (Northrop Grumman Systems Corp)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Investment Agreement.

Appears in 2 contracts

Samples: Closing Voting Agreement (CHC Group Ltd.), Pre Closing Voting Agreement (CHC Group Ltd.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein shall have the respective meanings meaning ascribed to them in the Merger Agreement.

Appears in 2 contracts

Samples: Voting Agreement (Farkas Andrew L), Voting Agreement (Apartment Investment & Management Co)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not otherwise defined herein in this Agreement shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 2 contracts

Samples: Voting Agreement (Quad/Graphics, Inc.), Voting Agreement (COURIER Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein without definition ----------------- shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 2 contracts

Samples: Subscription Agreement (Wyndham International Inc), Subscription Agreement (Patriot American Hospitality Operating Co\de)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.. ARTICLE II

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Apex Global Brands Inc.), Execution Version Voting and Support Agreement (Independence Contract Drilling, Inc.)

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Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement; provided, however, that no amendment or modification to any such term in the Merger Agreement shall amend or modify its meaning for the purposes hereof without the prior written consent of Stockholder.

Appears in 1 contract

Samples: Voting Agreement (Diligent Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein and the terms “person” and “affiliate” shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Concur Technologies Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed assigned to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Language Access Network, Inc.)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and herein but not otherwise defined herein shall have the respective meanings meaning ascribed to them in the Merger AgreementAgreement and Plan of `Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Brain Scientific Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and herein but not defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (United Community Banks Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Merger Agreement. References in the Merger Agreement to the “Agreement” shall mean the Merger Agreement as modified by this Amendment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (American Physicians Capital Inc)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and herein but not otherwise defined herein shall have the respective meanings ascribed to them meaning as set out in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Home Bancshares Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not otherwise defined herein in this Agreement shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Brooks Automation Inc)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ivax Corp /De)

Capitalized Terms. For purposes of this AgreementUnless otherwise indicated or specifically defined, all capitalized terms used and not defined herein shall have the respective meanings meaning ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Netsmart Technologies Inc)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and not otherwise defined herein shall in this Agreement will have the respective meanings ascribed to accorded them in the Merger Agreement.

Appears in 1 contract

Samples: Form 0f Support Agreement (State Investors Bancorp, Inc.)

Capitalized Terms. For purposes of this AgreementUnless otherwise defined, capitalized terms used and not defined herein in this Agreement shall have the respective meanings same meaning ascribed to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Escrow and Contingent Stock Agreement (Monterey Homes Corp)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined ---------------- in this Agreement, capitalized terms used and not defined herein Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 1 contract

Samples: Stockholder Agreement (Headhunter Net Inc)

Capitalized Terms. For purposes of this Agreement, Any capitalized terms used and in this Joinder but not defined herein shall have the respective meanings ascribed to them thereto in the Merger Original Agreement.

Appears in 1 contract

Samples: Joinder Agreement (AOL Inc.)

Capitalized Terms. For purposes of this Agreementxx xxxx Xgreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Shareholder Tender and Voting Agreement (Paravant Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used appearing herein and not otherwise defined herein shall have the respective meanings ascribed to them given such terms in the Merger AgreementAgreement and Plan of Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (H&E Equipment Services, Inc.)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used herein and not otherwise defined herein shall have the respective meanings meaning ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan (CNF Technologies Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and herein, but not otherwise defined herein herein, shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Amendment to Agreement and Plan of Merger (Better Choice Co Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to them same meaning as in the Merger Agreement.

Appears in 1 contract

Samples: Noncompetition Agreement (Gtech Holdings Corp)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and but not otherwise defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Sponsor Support Agreement (Property Solutions Acquisition Corp.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement. Section 1.02 of the Merger Agreement is incorporated herein by reference mutatis mutandis.

Appears in 1 contract

Samples: Voting Agreement (Walter Industries Inc /New/)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not otherwise defined herein shall have the respective meanings meaning ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Consulting Agreement (TFC Enterprises Inc)

Capitalized Terms. Capitalized terms used in this Agreement and not otherwise defined herein have the respective meanings given those terms in the Merger Agreement. For purposes of this Agreement, capitalized terms used and not defined herein shall the following terms, when capitalized, have the respective meanings ascribed to them in the Merger Agreement.following meanings:

Appears in 1 contract

Samples: Merger Agreement (United Shipping & Technology Inc)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement; provided, however, that no amendment or modification to any such term in the Merger Agreement shall amend or modify its meaning for the purposes hereof without the prior written consent of the Stockholders.

Appears in 1 contract

Samples: Voting Agreement (Diligent Corp)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and but not otherwise defined herein in this Agreement shall have the respective same meanings ascribed to them in the Merger Agreement.. * * *

Appears in 1 contract

Samples: Consulting Agreement (Old National Bancorp /In/)

Capitalized Terms. For purposes of this Agreement, ----------------- capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Voting Agreement (JPMorgan Chase Bank, National Association)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Form of Escrow Agreement (Transamerica Corp)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and not otherwise defined ------------------ herein shall have the respective meanings ascribed meaning assigned to them in the Merger Agreement.

Appears in 1 contract

Samples: Agreement (Commodore Applied Technologies Inc)

Capitalized Terms. For purposes of this AgreementExcept as otherwise provided herein, all capitalized terms used and not defined herein shall have the respective meanings ascribed assigned to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Alesco Financial Inc)

Capitalized Terms. For purposes Unless otherwise defined herein, each of this Agreement, the capitalized terms used and herein, but not defined herein herein, shall have the respective meanings ascribed same meaning given to them such term in the Merger Agreement. Terms defined herein that are used in an amended provision of the Merger Agreement shall have the same meaning as their definition herein.

Appears in 1 contract

Samples: Merger Agreement (Atmos Energy Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cavalier Homes Inc)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used herein and not otherwise ------------------ defined herein shall have the respective meanings same meaning ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Skynet Holdings Inc)

Capitalized Terms. For purposes of this Agreement, Any capitalized terms used herein and not defined herein shall have the respective meanings ascribed to meaning given them in the Merger Agreement.

Appears in 1 contract

Samples: Support Agreement (Green Bancorp, Inc.)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used utilized herein and not otherwise defined herein herein, shall have the respective meanings meaning ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Agreement (CNF Technologies Inc)

Capitalized Terms. For purposes of Capitalized terms not otherwise ----------------- defined in this Agreement, capitalized terms used and not defined herein Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 1 contract

Samples: Stockholder Agreement (Headhunter Net Inc)

Capitalized Terms. For purposes of this AgreementUnless otherwise defined herein, all capitalized terms used and not defined herein shall have the respective meanings ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fpic Insurance Group Inc)

Capitalized Terms. For purposes of this Agreement, ------------------ capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Voting Agreement (JPMorgan Chase Bank, National Association)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not otherwise defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Transaction Support Agreement (Cendant Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Agreement (Lexington Realty Trust)

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