Certain Definitions; Etc Sample Clauses

Certain Definitions; Etc. Whenever the context so requires, the singular number shall include the plural, the plural shall include the singular, and the gender of any pronoun shall include the other genders. The parties agree that (i) "applicable law" means all provisions of any constitution, statute, law, rule, regulation, decision, order, decree, judgment, release, license, permit, stipulation or other official pronouncement enacted, promulgated or issued by any governmental authority; (ii) "governmental authority" means any legislative, executive, judicial, quasi-judicial or other public authority, agency, department, bureau, division, unit, court or other public body, person or entity; (iii) "taxes" means all taxes, assessments, charges, duties, fees, levies or other governmental charges, including all federal, commonwealth, state, local, foreign or other income, profits, unitary, business, franchise, capital stock, real property, personal property, intangible taxes, withholding, unemployment compensation, disability, transfer, sales, use, excise and other taxes, assessments, charges, duties, fees, or levies of any kind whatsoever (whether or not requiring the filing of returns) and all deficiency assessments, additions to tax, penalties and interest; (iv) "including" and other words or phrases of inclusion, if any, shall not be construed as terms of limitation, so that references to "included" matters shall be regarded as non-exclusive, non-characterizing illustrations; (v) "will" shall have the same meaning as "shall" and means and obligation and an imperative and (vi) "knowledge" means (A) the actual knowledge of the referenced person and (B) the knowledge that such person should have obtained upon reasonable inquiry regarding the referenced matter.
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Certain Definitions; Etc. Any definitions used exclusively in the provisions of the Indenture or Securities that are deleted pursuant to the amendments set forth under this Supplemental Indenture, and any definitions used exclusively within such definitions, are hereby deleted in their entirety from the Indenture and the Securities, and all textual references in the Indenture and the Securities exclusively relating to paragraphs, Sections, Articles or other terms or provisions of the Indenture that have been otherwise deleted pursuant to this Supplemental Indenture are hereby deleted in their entirety. Any of the terms or provisions present in the Securities that relate to any of the provisions of the Indenture amended by Articles II through VI of this Supplemental Indenture shall also be amended so as to be consistent with the amendments made in this Supplemental Indenture.
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Certain Definitions; Etc. For purposes of this Section 7.18 only, (i) all capitalized terms used in this Section 7.18 that are defined in the Governing Senior Note Indenture shall have the meanings given to them in the Governing Senior Note Indenture and (ii) all calculations shall be made in accordance with the conventions sets forth in the Governing Senior Note Indenture, including in the definition of GAAP in the Governing Senior Note Indenture.
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Certain Definitions; Etc. For purposes of this Section 7.18 only, (i) all capitalized terms used in this Section 7.18 that are defined in the Governing Senior Note Indenture shall have the meanings given to them in the Governing Senior Note Indenture and (ii) all calculations shall be made in accordance with the conventions sets forth in the Governing Senior Note Indenture, including in the definition of GAAP in the Governing Senior Note Indenture; provided that if all outstanding Indebtedness under each indenture referred to in the definition of “Governing Senior Note Indenture” is repaid and each such indenture is terminated (and each applicable Governing Senior Note Indenture Payoff Notice has been delivered), references to the Governing Senior Note Indenture in this Section 7.18(c) shall mean the indenture referred to in clause (iv) of the definition thereof.
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Certain Definitions; Etc. Whenever the context so requires, the singular number shall include the plural, the plural shall include the singular, and the gender of any pronoun shall include the other genders. Titles and captions of or in this Agreement are inserted only as a matter of convenience and for reference and in no way affect the scope or intent of this Asset Purchase Agreement. Also, (i) “applicable law” means all provisions of any constitution, statute, law, rule, regulation, decision, order, writ, decree, judgment, injunction, release, license, permit, stipulation or other official pronouncement enacted, promulgated or issued by any governmental authority, (ii) “governmental authority” means any legislative, executive, judicial, quasi-judicial or other public authority, agency, department, bureau, division, unit, court, arbitrator, tribunal or other public body, person or entity, and (iii) “including” means “including without limitation.”
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Certain Definitions; Etc. Whenever the context so requires, the singular number shall include the plural and the plural shall include the singular. Titles and captions of or in this Agreement are inserted only as a matter of convenience and for reference, and in no way affect the scope or intent of this Agreement. Also, (i) “applicable law” means all provisions of any constitution, statute, law, rule, regulation, decision, order, writ, decree, judgment, injunction, release, license, permit, stipulation, or other official pronouncement enacted, promulgated, or issued by any governmental authority, (ii) “governmental authority” means any legislative, executive, judicial, quasi-judicial, or other public authority, agency, department, bureau, division, unit, court, arbitrator, tribunal, or other public body, person, or entity, and (iii) “including” means “including without limitation.”
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Related to Certain Definitions; Etc

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

  • 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):

  • Captions: Certain Definitions The captions of the various sections and paragraphs of this Agreement have been inserted only for the purposes of convenience; such captions are not a part of this Agreement and shall not be deemed in any manner to modify, explain, enlarge or restrict any of the provisions of this Agreement. As used in this Agreement the term “person” shall mean and include an individual, a partnership, a joint venture, a corporation, a limited liability company, a trust, an unincorporated organization and a government or any department or agency thereof.

  • Definitions Etc For purposes of this Section 5 and Section 7: The issuance of any warrants, options or other subscription or purchase rights with respect to shares of Common Stock and the issuance of any securities convertible into or exchangeable for shares of Common Stock (or the issuance of any warrants, options or any rights with respect to such convertible or exchangeable securities) shall be deemed an issuance at such time of such Common Stock if the Net Consideration Per Share which may be received by the Company for such Common Stock (as hereinafter determined) shall be less than the Purchase Price at the time of such issuance and, except as hereinafter provided, an adjustment in the Purchase Price and the number of shares of Common Stock issuable upon exercise of this Warrant shall be made upon each such issuance in the manner provided in Section 5. 1. Any obligation, agreement or undertaking to issue warrants, options, or other subscription or purchase rights at any time in the future shall be deemed to be an issuance at the time such obligation, agreement or undertaking is made or arises. No adjustment of the Purchase Price and the number of shares of Common Stock issuable upon exercise of this Warrant shall be made under Section 5.1 upon the issuance of any shares of Common Stock which are issued pursuant to the exercise of any warrants, options or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any convertible securities if any adjustment shall previously have been made upon the issuance of any such warrants, options or other rights or upon the issuance of any convertible securities (or upon the issuance of any warrants, options or any rights therefor) as above provided. Any adjustment of the Purchase Price and the number of shares of Common Stock issuable upon exercise of this Warrant with respect to this Section 5.2 which relates to warrants, options or other subscription or purchase rights with respect to shares of Common Stock shall be disregarded if, as, and to the extent that such warrants, options or other subscription or purchase rights expire or are canceled without being exercised, so that the Purchase Price effective immediately upon such cancellation or expiration shall be equal to the Purchase Price that otherwise would have been in effect at the time of the issuance of the expired or canceled warrants, options or other subscriptions or purchase rights, with such additional adjustments as would have been made to that Purchase Price had the expired or cancelled warrants, options or other subscriptions or purchase rights not been issued. For purposes of this Section 5.2, the "Net Consideration Per Share" which may be received by the Company shall be determined as follows:

  • SECTION I - DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed herein unless otherwise stated or reasonably required by the Agreement, and other forms of any defined words shall have a meaning parallel thereto.

  • 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.

  • ARTICLE I DEFINITIONS 1 SECTION 1.01.

  • Certain Definitions; Interpretation (a) For purposes of this Agreement, the following terms shall have the following meanings:

  • Special Definitions For purposes of this Section, the following specialized terms will have the following meanings:

  • Basic Definitions Addenda. Written or graphic instruments issued prior to the opening of bids that clarify, correct, or change any of the component parts of the Bidding documents.

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