Common use of Certain Terms Defined Clause in Contracts

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 (Metromedia Fiber Network Inc), Indenture (McKesson Corp), Indenture (McKesson Corp)

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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: Teva Pharmaceutical Finance Co B.V., Teva Pharmaceutical Finance Co B.V., 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"), 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: Teva Pharmaceutical Finance Co B.V., Teva Pharmaceutical Finance Co B.V., 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"), 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), Indenture (AXIS Specialty Finance PLC), Subordinated Indenture (Argo Group Us, 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")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: GasLog Partners LP, GasLog Ltd., 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: Indenture (Axis Capital Holdings LTD), Indenture (AXIS Specialty Finance LLC), 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: Indenture (Orvet Pharmaceuticals Finance Sa), Indenture (Orvet Pharmaceuticals Finance Sa), 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), Indenture (Abn Amro Bank Nv), Indenture (Abn Amro Bank Nv)

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: Source One Mortgage Services Corp, Source One Mortgage Services Corp, Source One Mortgage Services 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, 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 (Comcast Cable Communications LLC), Formfactor 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 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"), 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: Satisfaction And (Enhance Financial Services Group Inc), Satisfaction And (Enhance Financial Services Group Inc), Satisfaction And (Enhance Financial Services 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 or the Guarantor include actions taken by any duly authorized attorney in fact thereof.

Appears in 4 contracts

Samples: Indenture (Teva Pharmaceutical Finance Co B.V.), Indenture (Teva Pharmaceutical Finance Co B.V.), Teva Pharmaceutical Industries 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 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 4 contracts

Samples: Mizuho Financial Group Inc, Senior Indenture (Mizuho Financial Group Inc), 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, 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: Indenture (Kaufman & Broad Home Corp), Indenture (Kaufman & Broad Home Corp), Indenture (Kaufman & Broad Home 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 (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), Execution Copy (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")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 (FMC Corp), Wellpoint Health Networks Inc /Ca/

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), Orix Corp, 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 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: Indenture (Nationwide Financial Services Inc/), Indenture (Nationwide Financial Services Inc/), 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"), 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: Becton Dickinson & Co, 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"), 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: Deutsche Bank Aktiengesellschaft, 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"), 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 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: Agent Agreement (JPMorgan Chase Financial Co. LLC), JPMorgan Chase Financial 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 (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: Indenture (Rediff Com India LTD), Indenture (Rediff Com India 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")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), Astrazeneca PLC

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: Sunamerica Inc, Sunamerica Capital Trust Vi

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 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: Teva Pharmaceutical Finance Co B.V., 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"), 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 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: Mediaone Group Inc, Comcast Mo 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"), 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 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: Sumitomo Mitsui Financial Group, Inc., 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 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), Smith & Nephew PLC

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"), 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: Joy Global 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 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 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 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 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

Samples: Conagra Foods Inc /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"), 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

Samples: Indenture (Tyco International Group S A)

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: 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 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 (Abn Amro Bank Nv)

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 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 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)

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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: 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"), 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: 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 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: 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"), 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: Global Crossing LTD

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")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: 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"), 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

Samples: Williams Communications 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"), 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: 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 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

Samples: Indenture (Hei Preferred Funding L P)

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 1 contract

Samples: 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 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: Usg 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"), ”) 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: 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) 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 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 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: 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: Dean Foods Co

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: 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 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: 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 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 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: 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"), 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

Samples: Kaufman & Broad Home Corp

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: McKesson 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"), 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: Senior Indenture (Greenlight Capital Re, Ltd.)

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

Samples: Healthsouth 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 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)

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: Deutsche Bank Aktiengesellschaft

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: GasLog Partners LP

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: Bbva Compass Bancshares, 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 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/)

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