Changes in Certain Definitions Sample Clauses

Changes in Certain Definitions. Section 1 of the Credit Agreement is hereby further amended by amending certain definitions therein. (a) The definition of "Commitment" is hereby deleted in its entirety and replaced with the following:
Sample 1
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Changes in Certain Definitions. (a) The definition of Available Net Cash Proceeds in Section 1 of the Credit Agreement (as added by the Third Amendment to the Credit Agreement and as previously amended) is hereby amended to read as follows:
Sample 1
Changes in Certain Definitions. Section 1 of the Credit Agreement is hereby amended as follows: (a) by amending the definition of Majority Lenders to read as follows:
Sample 1
Changes in Certain Definitions. Section 1 of the Credit Agreement is hereby amended as follows: (a) by replacing in the text of the definition of Borrowers the word "Peasant" with the words "Peasant Holding". (b) by amending the definition of Available Net Cash Proceeds as follows: (i) by deleting the parenthetical expression in the second, third and fourth lines thereof. (ii) by inserting at the end of the definition the new sentence "Notwithstanding the foregoing, the Net Cash Proceeds of the MRI/PRI Stock Dispositions shall not constitute Available Net Cash Proceeds." (c) by amending the definition of Guarantors as follows: (i) by replacing the phrase "Peasant Holding and each" with the word "Each". (ii) by deleting the phrase "Mick's and each of the Mick's Subsidiaries,". (d) by amending the definition of Mick's to read as follows: "Mick's. Mick's Restaurants, Inc., a Delaware corporation." (e) by deleting the definition of Mick's Restaurants. (f) by deleting the definition of Mick's Subsidiaries. (g) by replacing in the definition of New Concept the phrase "Mick's, Peasant" with the phrase "Peasant Holding (or its Subsidiaries)". (h) by deleting from the definition of New Construction the phrase "a Mick's Restaurant," in each place such phrase occurs. (i) by amending the definition of Peasant to read as follows:
Sample 1
Changes in Certain Definitions. Section 1 of the Credit Agreement is hereby further amended as follows: (a) The definition of "Consolidated Adjusted Cash Flow" in Section 1 of the Credit Agreement is hereby amended by adding the following new sentence at the end of such definition: "The calculation of Consolidated Adjusted Cash Flow shall exclude the Special Excluded Charges." (b) The definition of "Consolidated Cash Flow" in Section 1 of the Credit Agreement is hereby amended by adding the following new sentence at the end of such definition: "The calculation of Consolidated Cash Flow shall exclude the Special Excluded Charges." (c) The definition of "Consolidated EBITDA" in Section 1 of the Credit Agreement is hereby amended by adding the following new sentence at the end of such definition: "The calculation of Consolidated EBITDA shall exclude the Special Excluded Charges, except in the case of determining Excess Operating Cash Flow; and for purposes of the determination of Excess Operating Cash Flow, the calculation of Consolidated EBITDA shall exclude those Special Excluded Charges which are non- cash charges, but shall not exclude those Special Excluded Charges which are cash charges." (d) The definition of "Excess Operating Cash Flow" in Section 1 of the Credit Agreement is hereby amended by adding the following new sentence at the end of such definition: "Mandatory Recapture Prepayments and the Specified Term Loan Prepayment shall, however, be excluded (i.e., not subtracted) from the calculation of Excess Operating Cash Flow." (e) The definition of "Funded Indebtedness" in Section 1 of the Credit Agreement is hereby amended by inserting, immediately before the phrase "purchase money Indebtedness" the following text: "Indebtedness in respect of any applicable Subordinated Debt (but excluding the Stock Repurchase Notes)," (f) The definition of "Revolving Credit Commitment Amount" in Section 1 of the Credit Agreement is hereby amended in its entirety to read as follows: "Revolving Credit Commitment Amount. Sixty-Five Million Five Hundred Thousand Dollars ($65,500,000) (which amount is inclusive of all permitted increases pursuant to ss.17A), as the same may be reduced by the amount of any reductions effected pursuant to the terms of this Agreement; provided that the Revolving Credit Commitment Amount in effect immediately prior to each date set forth in the table below shall be reduced on such date (to the extent necessary) to the amount set forth opposite such date and shall therea...
Sample 1
Changes in Certain Definitions. Section 1 of the Credit Agreement is hereby further amended as follows: (a) The definition of "Commitment Percentages" in Section 1 of the Credit Agreement is hereby amended to read as follows:
Sample 1
Changes in Certain Definitions. Section 1 of the Credit Agreement is hereby further amended as follows: (a) The table contained in the definition of "Commitment Percentage" in Section 1 of the Credit Agreement is hereby amended to read as follows: "Lender Percentage ------- ---------- FNBB 46.6666667% Imperial Bank 13.3333333% First Union 40.0000000%" (b) The definition of "Revolving Credit Commitment" in Section 1 of the Credit Agreement is hereby amended by replacing the phrase "Thirty Two Million Five Hundred Thousand Dollars ($32,500,000)" with the phrase "$50,000,000".
Sample 1
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Changes in Certain Definitions. Section 1 of the Credit Agreement is hereby further amended as follows: (a) The definition of "Chase" in Section 1 of the Credit Agreement is hereby amended in its entirety to read as follows: "CHASE. JPMorgan Chase Bank (formerly known as The Chase Manhattan Bank), in its capacity as a Lender." (b) The definition of "Commitment Percentages" in Section 1 of the Credit Agreement is hereby amended in its entirety to read as follows:
Sample 1
Changes in Certain Definitions. Section 1 of the Credit Agreement is hereby further amended by deleting the definitions of the following terms contained therein and substituting in lieu thereof the following new definitions: (a) With respect to the Revolving Credit Loans, the date on which any Revolving Credit Loan is made or is to be made, and the date on which any Revolving Credit Loan is converted or continued in accordance with 2.7 and (b) with respect to the Term Loan, the date on which all or any portion of the Term Loan is converted or continued in accordance with 3A.5(b).
Sample 1

Related to Changes in Certain Definitions

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

  • Certain Defined Terms As used in this Agreement, the following terms shall have the following meanings (such meanings to be equally applicable to both the singular and plural forms of the terms defined):

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

  • Changes in Terms The terms of this housing agreement may be amended by the UNIVERSITY for any reason, provided that written notice of such amendment is given to the STUDENT forty-five (45) days in advance.

  • Construction; Certain Defined Terms (a) The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise, (i) any definition of or reference to any agreement, instrument, other document, statute or regulation herein shall be construed as referring to such agreement, instrument, other document, statute or regulation as from time to time amended, supplemented or otherwise modified, (ii) any reference herein to any Person shall be construed to include such Person’s successors and assigns, but shall not be deemed to include the subsidiaries of such Person unless express reference is made to such subsidiaries, (iii) the words “herein”, “hereof and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (iv) all references herein to Articles, Sections and Annexes shall be construed to refer to Articles, Sections and Annexes of this Agreement, (v) unless otherwise expressly qualified herein, the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights and (vi) the term “or” is not exclusive. (b) As used in this Agreement, the following terms have the meanings specified below:

  • Interpretation; Certain Definitions The parties hereto have participated jointly in the negotiation and drafting of this Agreement. Consequently, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. References to “this Agreement” shall include the Company Disclosure Letter and the Parent Disclosure Letter. When a reference is made in this Agreement to an Article, Section, Appendix, Annex or Exhibit, such reference shall be to an Article or Section of, or an Appendix, Annex or Exhibit to, this Agreement, unless otherwise indicated. The table of contents and headings for this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. All terms defined in this Agreement shall have the defined meanings when used in any certificate or other instrument made or delivered pursuant hereto unless otherwise defined therein. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such term. Any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law as from time to time amended, modified or supplemented, including (in the case of statutes) by succession of comparable successor Laws. References to a Person are also to its successors and permitted assigns. All references to “dollars” or “$” refer to currency of the United States of America (unless otherwise expressly provided herein).

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

  • Certain Additional Defined Terms In addition to such terms -------------------------------- as are defined in the opening paragraph and in Section 1.1 of this Agreement, the following terms are used in this Agreement as defined in the Sections set forth opposite such terms:

  • Plan Definitions Except where the context clearly implies or indicates the contrary, a word, term, or phrase used in the Plan is similarly used in this Agreement.

  • Adjustments Upon Certain Events In the event of any change in the outstanding Shares by reason of any Share dividend or split, reorganization, recapitalization, merger, consolidation, amalgamation, spin-off or combination transaction or exchange of Shares or other similar events (collectively, an “Adjustment Event”), the Committee may, in its sole discretion, adjust any Shares or RSUs subject to this Agreement to reflect such Adjustment Event.

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