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.
Appears in 10 contracts
Samples: Indenture (Regeneron Pharmaceuticals Inc), Indenture (Exelon Corp), Indenture (Metromedia Fiber Network Inc)
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.
Appears in 10 contracts
Samples: Indenture (Shapeways Holdings, Inc.), Indenture (Stem, Inc.), Indenture (PayPal Holdings, Inc.)
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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 10 contracts
Samples: Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Senior Indenture (Teva Pharmaceutical Finance Co B.V.), Senior Indenture (Teva Pharmaceutical Finance Vi B.V.)
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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 10 contracts
Samples: Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Senior Indenture (Teva Pharmaceutical Finance Co B.V.), Senior Indenture (Teva Pharmaceutical Finance Vi B.V.)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act of 1939 and in the said Securities Act of 1933 as in effect from time to timeforce 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" “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 2.3computation. The words "herein“HEREIN," "hereof" ” “HEREOF” and "hereunder" “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.
Appears in 9 contracts
Samples: Senior Indenture (Axis Capital Holdings LTD), Subordinated Indenture (AXIS Specialty Finance PLC), Senior Indenture (AXIS Specialty Finance PLC)
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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act")amended, are referred to in the Trust Indenture ActAct of 1939, including terms defined therein by reference to the Securities Act of 1933, as amended (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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. The words “including,” “includes” and similar words shall be deemed to be followed by “without limitation”.
Appears in 8 contracts
Samples: Indenture (GasLog Partners LP), Indenture (GasLog Ltd.), Indenture (GasLog Ltd.)
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 SectionSection 1.1. All other terms used in this Indenture that are defined in the Trust Indenture Act of 1939, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act of 1939 and in the said Securities Act of 1933 as in effect from time to timeforce 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" “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 2.3computation. The words "herein“HEREIN," "hereof" ” “HEREOF” and "hereunder" “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 I have the meanings assigned to them in this Article I and include the plural as well as the singular.
Appears in 7 contracts
Samples: Junior Subordinated Indenture (Axis Capital Holdings LTD), Subordinated Indenture (AXIS Specialty Finance LLC), Subordinated Indenture (AXIS Specialty Finance LLC)
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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 7 contracts
Samples: Senior Indenture (Abn Amro Bank Nv), Subordinated Indenture (Orvet Pharmaceuticals Finance Sa), Subordinated Indenture (Abn Amro Bank Nv)
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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 7 contracts
Samples: Indenture (Royal Bank of Scotland Group PLC), Senior Indenture (Abn Amro Bank Nv), Senior Indenture (Bank of America Corp /De/)
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 SectionArticle. All other terms used in this Indenture that are defined in the Trust Indenture Act of 1939, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act")amended, are referred to in the Trust Indenture ActAct of 1939, including terms defined therein by reference to the Securities Act of 1933, as amended, (except as herein otherwise expressly provided or unless the context otherwise requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act of 1939 and in the said Securities Act as in effect from time to timeforce 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 principlesprinciples in the United States, and the term "generally accepted accounting principles" means such accounting principles as are generally accepted in the United States at the date or time of any computation unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 5 contracts
Samples: Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Source One Mortgage Services Corp), Subordinated Indenture (Source One Mortgage Services Corp)
Certain Terms Defined. The following terms (except as otherwise expressly provided herein or in the form of Security or 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, as amended (the "Trust Indenture Act"), or the definitions of which contained in the Securities Act of 1933, as amended (the "Securities Act"), are referred to in the Trust Indenture Act, including terms defined therein in the Trust Indenture Act by reference to the Securities Act (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 in Japan 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 2.3computation. 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.
Appears in 5 contracts
Samples: Perpetual Subordinated Indenture (Mizuho Financial Group Inc), Subordinated Indenture (Mizuho Financial Group Inc), Senior Indenture (Mizuho Financial Group Inc)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct of 1939, as amended, including terms defined therein by reference to the Securities Act of 1933, as amended, (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3GAAP. 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.
Appears in 5 contracts
Samples: Indenture (Loop Media, Inc.), Indenture (Formfactor Inc), Indenture (Comcast Cable Communications LLC)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 in the United States 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 2.3computation. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Indenture as a whole whole, as supplemented and amended from time to time, 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.
Appears in 4 contracts
Samples: Indenture (Enhance Financial Services Group Inc), Indenture (Enhance Financial Services Group Inc), Indenture (Enhance Financial Services Group Inc)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time force at the date of this Indenture. Except as otherwise provided with respect to time. All the Securities of any series as contemplated by Section 2.3, 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 2.3computation. 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.
Appears in 4 contracts
Samples: Senior Debt Indenture (Kaufman & Broad Home Corp), Subordinated Debt Indenture (Kaufman & Broad Home Corp), Senior Subordinated Debt Indenture (Kaufman & Broad Home Corp)
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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "“Securities Act"”), are referred to in the Trust Indenture ActAct of 1939, including terms defined therein by reference to the Securities Act (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the Securities Act as in effect from time to timeAct. 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. References herein to action by any Officer of the Issuer or the Guarantor include actions taken by any duly authorized attorney in fact thereof.
Appears in 4 contracts
Samples: Senior Indenture (Teva Pharmaceutical Industries LTD), Senior Indenture (Teva Pharmaceutical Industries LTD), Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.)
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 U.S. Trust Indenture Act of 1939, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the U.S. Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the U.S. Trust Indenture ActAct of 1939, including terms defined therein by reference to the U.S. Securities Act of 1933 (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. The words "“herein," "”, “hereof" ” and "“hereunder" ” and other words of similar import refer to this Indenture as a whole whole, as supplemented and amended from time to time, 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.
Appears in 4 contracts
Samples: Indenture (Whirlpool Corp /De/), Indenture (Whirlpool Emea Finance S.A R.L.), Indenture (Whirlpool Corp /De/)
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 clearly requires), shall have the meaning meanings assigned to such terms in the Trust Indenture Act and in the Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Indenture as a whole whole, as supplemented and amended from time to time, 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.
Appears in 3 contracts
Samples: Indenture (Capital Trust), Indenture (Wellsford Real Properties Inc), Indenture (Viatel Inc)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act of 1939 and in the said Securities Act as in effect from time to timeforce 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 principlesGENERALLY 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 2.3computation. The words "herein," HEREIN"hereof, "HEREOF" and "hereunderHEREUNDER" 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.
Appears in 3 contracts
Samples: Subordinated Indenture (Nationwide Financial Services Inc/), Senior Indenture (Nationwide Financial Services Inc/), Senior Indenture (Nationwide Financial Services Inc/)
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")amended, or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act")amended, are referred to in the Trust Indenture ActAct of 1939, as amended, including terms defined therein by reference to the Securities Act of 1933, as amended (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Indenture as a whole whole, as supplemented and amended from time to time, 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.
Appears in 3 contracts
Samples: Indenture (Wellpoint Health Networks Inc /Ca/), Indenture (Wellpoint Health Networks Inc /Ca/), Indenture (FMC Corp)
Certain Terms Defined. The following terms (except as otherwise expressly provided herein or in the form of Security or 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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 in the United States 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 2.3computation. 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.
Appears in 3 contracts
Samples: Senior Indenture (Orix Corp), Senior Indenture (Orix Corp), Senior Indenture (Orix Corp)
Certain Terms Defined. The following terms (For all purposes of this Indenture and any indenture supplemental hereto, except as otherwise expressly provided or unless the context otherwise clearly requires:
(a) for all purposes of the terms defined in this Indenture and of any indenture supplemental hereto shall Article have the respective meanings specified assigned to them in this Section. All Article and include the plural as well as the singular;
(b) all other terms used in this Indenture that herein which 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 either directly or by reference to the Securities Act (except as herein otherwise expressly provided or unless the context otherwise requires)therein, 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 them therein as of the date of this Indenture;
(c) all accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesprinciples and, and except as otherwise herein expressly provided, the term "generally accepted accounting principles" means with respect to any computation required or permitted hereunder shall mean such accounting principles as are generally accepted at the time date 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 computation; and
(d) 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 Certain terms, used principally in Article Six, are defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singularthat Article.
Appears in 2 contracts
Samples: Indenture (Argyle Television Inc), Indenture (Argyle Television Inc)
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 which are defined in the Trust Indenture Act of 1939, as amended (the "Trust Indenture Act"), 1939 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 of 1939 (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce at the date of this Indenture. All accounting terms used herein and not expressly defined shall have the meanings assigned given to such terms them in accordance with generally accepted accounting principles, and the term "generally accepted accounting principles" means shall mean such accounting principles as which are generally accepted at the date or time of any computation unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3or at the date hereof. The words "herein," "hereofhereto" 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. References to Sections or Articles mean reference to such Section or Article in this Indenture, unless otherwise stated. The terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular.
Appears in 2 contracts
Samples: Indenture (Dennys Holdings Inc), Indenture (Advantica Restaurant Group Inc)
Certain Terms Defined. The following terms (except as otherwise expressly provided herein, in any indenture supplemental thereto or, as to any Security, in such Security 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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 principlesGENERALLY ACCEPTED ACCOUNTING PRINCIPLES" means such accounting principles as are generally accepted in the United States 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 2.3computation. The words "hereinHEREIN," "hereofHEREOF" and "hereunderHEREUNDER" 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.
Appears in 2 contracts
Samples: Indenture (Lubrizol Corp), Indenture (Lubrizol Corp)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeAct. 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 2.3computation. 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.
Appears in 2 contracts
Samples: Paying Agent, Registrar & Transfer Agent and Authenticating Agent Agreement (JPMorgan Chase Financial Co. LLC), Warrant Indenture (JPMorgan Chase Financial Co. LLC)
Certain Terms Defined. The Each of 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 meaning specified in this Section. All Every other terms term used in this Indenture that are is 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 term in the Trust Indenture Act and in the Securities Act as in effect from time to time. All Each accounting terms term used herein and not expressly defined shall have the meanings meaning assigned to such terms term 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.
Appears in 2 contracts
Samples: Indenture (Exelon Generation Co LLC), Indenture (Exelon Generation Co LLC)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct of 1939, as amended, including terms defined therein by reference to the Securities Act of 1933, as amended, (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3GAAP. 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.
Appears in 2 contracts
Samples: Indenture (Mediaone Group Inc), Indenture (Comcast Mo Group Inc)
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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "“Securities Act"”), are referred to in the Trust Indenture ActAct of 1939, including terms defined therein by reference to the Securities Act (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the Securities Act as in effect from time to timeAct. 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. References herein to action by any Officer of the Issuer include actions taken by any duly authorized attorney in fact thereof.
Appears in 2 contracts
Samples: Senior Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act of 1939 and in the said Securities Act as in effect from time to timeforce 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 principlesGENERALLY 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 2.3computation. The words "hereinHEREIN," "hereofHEREOF" and "hereunderHEREUNDER" 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.
Appears in 2 contracts
Samples: Subordinated Indenture (Rediff Com India LTD), Senior Indenture (Rediff Com India LTD)
Certain Terms Defined. The following terms (except as otherwise expressly provided herein or in the form of Security or any indenture supplemental hereto, or unless the context otherwise clearly requires) for all purposes of this Perpetual Subordinated Indenture and of any indenture supplemental hereto shall have the respective meanings specified in this SectionSection 1.01. All other terms used in this Perpetual Subordinated Indenture that are defined in the Trust Indenture Act of 1939, (as amended (the "Trust Indenture Act"), defined below) or the definitions of which are by reference therein defined 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 below) (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall ) have the meaning meanings 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 force at the time date of any computation unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3this Perpetual Subordinated Indenture. The words "“herein," "” “hereof" ” and "“hereunder" ” and other words of similar import refer to this Perpetual Subordinated 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.
Appears in 2 contracts
Samples: Perpetual Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.), Perpetual Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.)
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 meanings assigned to such terms in the Trust Indenture Act and in the Securities Act as in effect from time to timeforce 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 with respect to the Issuer at the time of any the computation unless a different time shall be specified under the system of accounting employed by the Issuer in its filings with respect to such series of Securities as provided for in Section 2.3the Commission under the Exchange Act. 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.
Appears in 2 contracts
Samples: Eligible Liabilities Senior Indenture (Deutsche Bank Aktiengesellschaft), Eligible Liabilities Senior Indenture (Deutsche Bank Aktiengesellschaft)
Certain Terms Defined. The following terms (except as otherwise expressly provided herein or in the form of Security or 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, as amended (the "Trust Indenture Act"), or the definitions of which contained in the Securities Act of 1933, as amended (the "Securities Act"), are referred to in the Trust Indenture Act, including terms defined therein in the Trust Indenture Act by reference to the Securities Act (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 in the United States of America 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 2.3computation. 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.
Appears in 2 contracts
Samples: Perpetual Subordinated Indenture (Nomura Holdings Inc), Senior Debt Indenture (Nomura Holdings Inc)
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 clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 applicable to the Person in question and 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 2.3computation. 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. Unless the context otherwise requires, any reference to an “Article,” a “Section” or an “Exhibit” refers to an Article, a Section or an Exhibit, as the case may be, of this Indenture. The words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.”
Appears in 2 contracts
Samples: Indenture (Nokia Corp), Indenture (Nokia Corp)
Certain Terms Defined. The following terms (except as otherwise expressly provided herein or in any supplemental indenture or form of Security for a particular series 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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 2 contracts
Samples: Prepaid Security Indenture (Sunamerica Capital Trust Vi), Prepaid Security Indenture (Sunamerica Inc)
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 ActAct of 1939, including terms defined therein by reference to the Securities Act (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act of 1939 and in the Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 2 contracts
Samples: Indenture (Becton Dickinson & Co), Indenture (Cardinal Health Inc)
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"), 1933 are referred to in the Trust Indenture Act, including terms defined therein by reference to the Securities Act of 1933, or the Investment Company Act of 1940 (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 principlesGAAP" means such accounting principles as are generally accepted in the United States 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 2.3computation. The words "herein," ", "hereof" and "hereunder" and other words of similar import refer to this Indenture as a whole whole, as supplemented and amended from time to time, 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.
Appears in 2 contracts
Samples: Indenture (General Mills Inc), Indenture (General Mills Inc)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act")amended, are referred to in the Trust Indenture ActAct of 1939, including terms defined therein by reference to the Securities Act of 1933, as amended (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act of 1939 and in the said Securities Act as in effect from time to timeforce 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 applicable to the Person in question and 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 2.3computation. 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.
Appears in 2 contracts
Samples: Indenture (Astrazeneca PLC), Indenture (Astrazeneca PLC)
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 Indenture, including any indenture supplemental hereto shall hereto, have the respective meanings specified in this SectionSection 1.1. 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 Act or that are defined therein by reference to rule of the Securities Commission under the Trust Indenture Act (except as herein otherwise expressly provided or unless the context otherwise clearly 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, said Trust Indenture Act and in said Securities Act or in said Commission rule under the term "generally accepted accounting principles" means such accounting principles Trust Indenture Act as are generally accepted in force at the time of any computation unless a different time shall be specified with respect date on which this Indenture was originally executed (subject to such series of Securities as provided for in Section 2.310.1 and Section 10.2). 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. All references herein to “Articles” or other subdivisions are to the corresponding Articles or other subdivisions of this Indenture. The terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular.
Appears in 2 contracts
Samples: Indenture (National Grid PLC), Indenture (National Grid PLC)
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 SectionSection 1.01. All other terms used in this Indenture that are defined in the Trust Indenture Act of 1939, (as amended (the "Trust Indenture Act"), defined herein) 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 clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 applicable to the Person (as defined herein) in question and 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 2.3computation. 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 1 have the meanings assigned to them in this Article 1 and include the plural as well as the singular.
Appears in 2 contracts
Samples: Indenture (Smith & Nephew PLC), Indenture (Smith & Nephew PLC)
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 1939 (the "Trust Indenture ActTIA"), ) or the definitions of which in the Securities Act of 1933, as amended 1933 (the "Securities Act"), ) are referred to in the Trust Indenture ActTIA, including terms defined therein by reference to the Securities Act (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the Trust Indenture Act TIA and in the Securities Act as in effect from time to timeforce 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 principlesGENERALLY 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 2.3computation. The words "herein," HEREIN"hereof, HEREOF" and "hereunderHEREUNDER" 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.
Appears in 1 contract
Samples: Indenture (Timken Co)
Certain Terms Defined. The following terms (except as otherwise other 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 clearly requires), shall have the meaning meanings assigned to such terms in the Trust Indenture Act and in the Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Indenture as a whole whole, as supplemented and amended from time to time, 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.
Appears in 1 contract
Samples: Indenture (McKesson Corp)
Certain Terms Defined. The following terms (except as otherwise expressly provided herein, in any indenture supplemental hereto or, as to any Security, in such Security or unless the context otherwise clearly requires) 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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 in the United States 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 2.3computation. The words "herein," "hereof," "hereto" 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.
Appears in 1 contract
Samples: Indenture (Tenneco Packaging Inc)
Certain Terms Defined. The following terms (except as otherwise expressly provided or unless the context otherwise clearly requires) for all purposes of this Subordinated Indenture and of any indenture supplemental hereto shall have the respective meanings specified in this Section. All other terms used in this Subordinated 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 Subordinated Securities as provided for in Section 2.3. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Subordinated 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.
Appears in 1 contract
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 terms "generally accepted accounting principlesGENERALLY ACCEPTED ACCOUNTING PRINCIPLES" means such accounting principles as are generally accepted in the United States 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 2.3computation. The words "herein," HEREIN"hereof, "HEREOF" and "hereunderHEREUNDER" 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.
Appears in 1 contract
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 of 1933 (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the Trust Indenture Act and in the Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. The words "herein," ", "hereof" and "hereunder" and other words of similar import refer to this Indenture as a whole whole, as supplemented and amended from time to time, 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.
Appears in 1 contract
Samples: Indenture (Joy Global Inc)
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 Indenture, including any indenture supplemental hereto shall hereto, 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"), defined herein) or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture Act, including terms Act or that are defined therein by reference to rule of the Securities Commission (as defined herein) under the Trust Indenture Act (except as herein otherwise expressly provided or unless the context otherwise clearly 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, said Trust Indenture Act and in said Securities Act or in said Commission rule under the term "generally accepted accounting principles" means such accounting principles Trust Indenture Act as are generally accepted in force at the time of any computation unless a different time shall be specified with respect date on which this Indenture was originally executed (subject to such series of Securities as provided for in Section 2.310.1 and Section 10.2). 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. All references herein to "Articles" or other subdivisions are to the corresponding Articles or other subdivisions of this Indenture. The terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Quanta Capital Holdings LTD)
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 Indenture, including any indenture supplemental hereto shall hereto, 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 Act or that are defined therein by reference to rule of the Securities Commission under the Trust Indenture Act (except as herein otherwise expressly provided or unless the context otherwise clearly 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, said Trust Indenture Act and in said Securities Act or in said Commission rule under the term "generally accepted accounting principles" means such accounting principles Trust Indenture Act as are generally accepted in force at the time of any computation unless a different time shall be specified with respect date on which this Indenture was originally executed (subject to such series of Securities as provided for in Section 2.310.1 and Section 10.2). 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. All references herein to “Articles” or other subdivisions are to the corresponding Articles or other subdivisions of this Indenture. The terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular.
Appears in 1 contract
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. Unless the context otherwise requires, any reference to an “Article” or “Section” refers to an Article or a Section, as the case may be, of this Indenture. 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.
Appears in 1 contract
Samples: Indenture (Wynn Resorts LTD)
Certain Terms Defined. The following terms (except as otherwise expressly provided herein, in any indenture supplemental thereto or, as to any Security, in such Security 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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 account principles, and the term "generally accepted accounting principlesGENERALLY ACCEPTED ACCOUNTING PRINCIPLES" means such accounting principles as are generally accepted in the United States 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 2.3computation. The words "herein," HEREIN"hereof, "HEREOF" and "hereunderHEREUNDER" 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.
Appears in 1 contract
Samples: Indenture (Lubrizol Corp)
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 which are defined in the Trust Indenture Act of 1939, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture Act, including terms defined therein by reference to the Securities Act of 1939 (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce on the Issue Date. All accounting terms used herein and not expressly defined shall have the meanings assigned given to such terms them in accordance with generally accepted accounting principles, and the term "generally accepted accounting principles" means means, unless otherwise specified herein, such accounting principles as which are generally accepted at on the time of any computation unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3Issue Date. 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, and section and subsection references are to this Indenture unless otherwise specified. The terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular.
Appears in 1 contract
Samples: Indenture (Triarc Companies Inc)
Certain Terms Defined. The following terms (except as herein 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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 principlesGENERALLY 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 2.3computation. The words "herein," HEREIN"hereof, "HEREOF" and "hereunderHEREUNDER" 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.
Appears in 1 contract
Samples: Indenture (Crane Co /De/)
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")amended, or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act")amended, are referred to in the Trust Indenture ActAct of 1939, as amended, including terms defined therein by reference to the Securities Act of 1933, as amended (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the Trust Indenture Act of 1939, as amended, and in the Securities Act of 1933, as amended, as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Indenture as a whole whole, as supplemented and amended from time to time, 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.
Appears in 1 contract
Samples: Indenture (Dean Foods Co)
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.terms
Appears in 1 contract
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"), 1939 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 of 1933 (except as herein otherwise expressly provided or unless the context otherwise requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.The
Appears in 1 contract
Samples: Indenture (Sysco Corp)
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 of 1933 (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the Trust Indenture Act and in the Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. The words "“herein," "”, “hereof" ” and "“hereunder" ” and other words of similar import refer to this Indenture as a whole whole, as supplemented and amended from time to time, 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.
Appears in 1 contract
Samples: Indenture (Joy Global Inc)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 principlesGENERALLY 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 2.3computation. The words "herein," HEREIN"hereof, "HEREOF" and "hereunderHEREUNDER" 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.
Appears in 1 contract
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in said force at the Trust Indenture Act and in the Securities Act as in effect from time to timedate 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 1 contract
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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act")amended, are referred to in the Trust Indenture ActAct of 1939, including terms defined therein by reference to the Securities Act of 1933, as amended (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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. The words “including”, “includes” and similar words shall be deemed to be followed by “without limitation”.
Appears in 1 contract
Samples: Indenture (GasLog Partners LP)
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 in the United States 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.
Appears in 1 contract
Samples: Indenture (Global Crossing LTD)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time force at the date of this Indenture. Except as otherwise provided with respect to time. All the Securities of any series as contemplated by Section 2.3, 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 2.3computation. 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.
Appears in 1 contract
Certain Terms Defined. The following terms (except as herein 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 meanings assigned to such terms in the Trust Indenture Act and in the Securities Act as in effect from time to timeforce 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 with respect to the Issuer at the time of any such computation unless a different time shall be specified under the system of accounting employed by the Issuer in its filings with respect to such series of Securities as provided for in Section 2.3the Commission under the Exchange Act. 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.
Appears in 1 contract
Samples: Subordinated Indenture (Bbva Compass Bancshares, Inc)
Certain Terms Defined. The Each of 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 Every other terms term used in this Indenture that are is 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 term in the Trust Indenture Act and in the Securities Act as in effect from time to time. All Each accounting terms term used herein and not expressly defined shall have the meanings meaning assigned to such terms term in accordance with generally accepted accounting principles, and the term "“generally accepted accounting principles" ” means such accounting principles as are generally accepted in the United States of America 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.
Appears in 1 contract
Samples: Indenture (Exelon Corp)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 1 contract
Samples: Indenture (Weyerhaeuser Co)
Certain Terms Defined. The following terms (except as --------------------- otherwise expressly provided herein or in any supplemental indenture or form of Security for a particular series 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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 1 contract
Samples: Prepaid Security Indenture (Household International Inc)
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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 in the United States 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 2.3computation. 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.
Appears in 1 contract
Samples: Senior Indenture (Orix Corp)
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 SectionSection 1.01, unless otherwise specified with respect to any Securities pursuant to Section 2.03. All other terms used in this Indenture that are defined in the Trust Indenture Act of 1939, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeAct. 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 principlesGENERALLY 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 2.3computation. The words "herein," HEREIN"hereof, "HEREOF" and "hereunderHEREUNDER" 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.
Appears in 1 contract
Samples: Indenture (Science Applications International Corp)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 principlesGENERALLY 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 2.3computation. The words "herein," HEREIN"hereof, "HEREOF" and "hereunderHEREUNDER" 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.
Appears in 1 contract
Samples: Indenture (Crane Co /De/)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), are referred to in the Trust Indenture ActAct of 1939, including terms defined therein by reference to the Securities Act of 1933, as amended (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act of 1933 as in effect from time to timeforce 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 in the United States 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 2.3computation. 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.
Appears in 1 contract
Samples: Indenture (Par Technology Corp)
Certain Terms Defined. The Each of 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 Every other terms term used in this Indenture that are is 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 term in the Trust Indenture Act and in the Securities Act as in effect from time to time. All Each accounting terms term used herein and not expressly defined shall have the meanings meaning assigned to such terms term 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.
Appears in 1 contract
Samples: Indenture (Exelon Generation Co LLC)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct of 1939, including terms defined therein by reference to the Securities Act of 1933 (the "Securities Act") (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 1 contract
Samples: Indenture (Chubb Capital Trust Iii)
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"), defined below) or the definitions of which in the Securities Act of 1933, (as amended (the "Securities Act"), defined below) 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 meanings assigned to such terms in the Trust Indenture Act and in the Securities Act as in effect from time to timeforce 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 with respect to the Issuer at the time of any the computation unless a different time shall be specified under the system of accounting employed by the Issuer in its filings with respect to such series of the Securities and Exchange Commission under the Exchange Act (as provided for in Section 2.3defined below). 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.
Appears in 1 contract
Samples: Eligible Liabilities Senior Indenture (Deutsche Bank Aktiengesellschaft)
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 which are defined in the Trust Indenture Act of 1939, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture Act, including terms defined therein by reference to the Securities Act of 1939 (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce at the date of this Indenture. All accounting terms used herein and not expressly defined shall have the meanings assigned given to such terms them in accordance with generally accepted accounting principles, and the term "generally accepted accounting principles" means shall mean such accounting principles as which are generally accepted at the date or time of any computation unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3or at the date hereof. The words "herein," "hereofhereto" 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. References to Sections or Articles mean reference to such Section or Article in this Indenture, unless otherwise stated. The terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular.
Appears in 1 contract
Samples: Indenture (Dennys Holdings Inc)
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")amended, or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act")amended, are referred to in the Trust Indenture ActAct of 1939, as amended, including terms defined therein by reference to the Securities Act of 1933, as amended (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in the Trust Indenture Act of 1939, as amended, and in the Securities Act of 1933, as amended, as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Indenture as a whole whole, as supplemented and amended from time to time, 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.
Appears in 1 contract
Samples: Indenture (Usg Corp)
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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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. References herein to action by any officer of the Issuer or the Guarantor include actions taken by any duly authorized attorney in fact thereof.
Appears in 1 contract
Samples: Senior Indenture (Teva Pharmaceutical Industries LTD)
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.
Appears in 1 contract
Samples: Indenture (C Cor Net Corp)
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, as amended (the "Trust Indenture Act"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 1 contract
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "“Securities Act"), ”) are referred to in the Trust Indenture ActAct of 1939, 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 meanings assigned to such terms in the said Trust Indenture Act of 1939 and in the said Securities Act as in effect from time to timeforce 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" “Generally Accepted Accounting Principles” means such accounting principles as are generally accepted in the United States 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 2.3computation. 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.
Appears in 1 contract
Samples: Subordinated Indenture (Greenlight Capital Re, Ltd.)
Certain Terms Defined. The following terms (except as otherwise expressly provided herein, in any indenture supplemental hereto or, as to any Security, in such Security 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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 requires), shall have the meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 in the United States 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 2.3computation. The words "herein," "hereof," "hereto" 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.
Appears in 1 contract
Samples: Indenture (Tenneco Packaging Inc)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "“Securities Act"”), are referred to in the Trust Indenture ActAct of 1939, 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 meanings assigned to such terms in the said Trust Indenture Act of 1939 and in the said Securities Act as in effect from time to timeforce 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" “Generally Accepted Accounting Principles” means such accounting principles as are generally accepted in the United States 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 2.3computation. 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.
Appears in 1 contract
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act")amended, are referred to in the Trust Indenture ActAct of 1939, including terms defined therein by reference to the Securities Act of 1933, as amended (except as herein otherwise expressly provided or unless the context otherwise clearly requires), shall have the meaning meanings assigned to such terms in said force at the Trust Indenture Act and in the Securities Act as in effect from time to timedate 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 unless a different time shall be specified with respect to such series of Securities as provided for in Section 2.3computation. 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.
Appears in 1 contract
Samples: Indenture (CBRL Group Inc)
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"), 1939 or the definitions of which in the Securities Act of 1933, as amended (the "Securities Act"), 1933 are referred to in the Trust Indenture ActAct 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 meaning meanings assigned to such terms in the said Trust Indenture Act and in the said Securities Act as in effect from time to timeforce 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 U.S. generally accepted accounting principles, and the term "generally accepted accounting principles" means such U.S. 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 2.3computation. The words "herein," ", "hereof" and "hereunder" and other words of similar import refer to this Indenture as a whole whole, as supplemented and amended from time to time, 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.
Appears in 1 contract
Samples: Indenture (Office Depot Inc)