Other Capitalized Terms The following terms shall have the meanings specified in the indicated section of this Agreement: Accounting Firm 2.6(c) Accounts Receivable 4.26 Additional Transfer Documents 3.2(a)(iii) ADSP 6.3(c)(iii) ADSP Allocation 6.3(c)(iii) Agreed Amount 10.6(b) Agreement Preamble Allocation Schedule 6.3(b)(i) Alternative Financing 6.18(b) Assumed Liabilities 2.3 Assumed Taxes 10.3(d) Audited Financial Statements 4.10(a) Base Consideration 2.5 Xxxx of Sale and Assumption Agreement 3.2(a)(iii) Business Recitals Business Confidential Information 6.15 Business Permits 4.25 Cap 10.4(a) Claim Period 10.6(a) Claimed Amount 10.6(a) Closing 3.1 Closing Date 3.1 Closing Purchase Price 2.5 Closing Statement 2.6(b) Continuing Employees 6.10(a) De Minimis Amount 10.4(a) Debt Financing Failure Event 6.18(b) Disclosed Matter 6.26 Disclosed Matter Notice 6.26 Dispute 10.6(c) Escrow Account 2.7 Escrow Amount 2.5 Excluded Assets 2.2 Excluded Liabilities 2.4 Expiration Date 10.1(a) Final Closing Purchase Price 2.6(e) Financial Statements 4.10(a) FSA Plan 6.10(i) Indemnified Party 10.6(a) Indemnifying Party 10.6(a) Interim Financial Statements 4.10(a) IP Assignment Agreements 3.2(a)(xi) Latest Balance Sheet 4.10(a) Lease Assignment and Assumption Agreement 3.2(a)(iv) Leased Real Property 4.17(b) Lender 1.1 Licensed Intellectual Property 4.16(a) Material Contracts 4.14(a) Nonassignable Asset 2.8(a) Notice of Claim 10.6(a) Objections Notice 6.3(b)(ii) Owned Intellectual Property 4.16(a) Parent Seller Preamble Post-Closing Collection Amounts 6.8(a) Post-Signing Returns 6.3(a)(ii) Pre-Closing Statement 2.6(a) Pre-Closing Taxes 10.2(d) Privacy Policy 4.16(g) Purchaser Preamble Purchaser HRA Account 6.10(l) Purchaser HRA Plan 6.10(l) Purchaser HSA Account 6.10(l) Purchaser HSA Plan 6.10(l) Purchaser Related Parties 9.3(c) Related Terms 6.23(c) Release Date 10.1(a) Response 10.6(b) Response Period 6.3(b)(ii) Restricted Competitive Products 1.1 Restrictive Covenants 6.12(b) Retention Agreements Recitals Retiree Medical Eligible Transferred Employee 6.10(h) Retiree Medical Plan 6.10(h) Review Period 10.6(b) Section 338 Forms 6.3(c)(ii) Section 338(h)(10) Elections 6.3(c)(i) Seller Preamble Seller Bonds 4.31 Seller HRA Account 6.10(l) Seller HRA Plan 6.10(l) Sellers Preamble Sellers’ 401(k) Plan 6.10(g) Straddle Period 6.3(g) Sublease 3.2(a)(xiv) Tax Contest 6.5 Termination Date 9.1(d) Third Party Claim 10.7(a) Third Party Claim Notice 10.7(a) Threshold Amount 10.4(a) Trademarks 1.1 Transfer Taxes 6.3(d) Transferred Assets 2.1 Transferred Contracts 2.1(a) Transferred Employees 6.10(a) Transferred Leases 2.1(b) Transition Services Agreement 3.2(a)(ii)
Capitalized Terms Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture.
Recitals; Capitalized Terms The foregoing recitals are hereby incorporated by reference. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them as set forth in the Lease.
Headings and Capitalized Terms Paragraph headings used herein are for convenience of reference only and shall not be considered in construing this Award. Capitalized terms used, but not defined, in this Award shall be given the meaning ascribed to them in the Plan.
Capitalized Terms; Rules of Usage Capitalized terms used in this Agreement that are not otherwise defined shall have the meanings ascribed thereto in Appendix 1 to the Exchange Note Supplement or, if not defined therein, in Appendix A to the Collateral Agency Agreement, which Appendices are hereby incorporated into and made a part of this Agreement. Appendix 1 also contains rules as to usage applicable to this Agreement. Except as otherwise specified herein or as the context may otherwise require, the following terms have the respective meanings set forth below for all purposes of this Agreement:
Capitalized Terms Generally Capitalized terms used in this Annex A and not otherwise defined herein have the meanings assigned to them in the Agreement.
Capitalized Terms; Interpretive Provisions (a) Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed thereto or incorporated by reference in the Sale and Servicing Agreement, the Trust Agreement or the Indenture, as the case may be. Whenever used herein, unless the context otherwise requires, the following words and phrases shall have the following meanings:
Counterparts; Heading This Agreement may be signed by the parties in one or more counterparts which together shall constitute one and the same agreement among the parties. The Section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.
Counterparts, Etc This Agreement or any of the other Financing Agreements may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of this Agreement or any of the other Financing Agreements by telefacsimile shall have the same force and effect as the delivery of an original executed counterpart of this Agreement or any of such other Financing Agreements. Any party delivering an executed counterpart of any such agreement by telefacsimile shall also deliver an original executed counterpart, but the failure to do so shall not affect the validity, enforceability or binding effect of such agreement.
Counterparts; Headings This Agreement may be executed in several counterparts, each of which shall be deemed an original, but such counterparts shall together constitute but one and the same Agreement. The Table of Contents and Article and Section headings in this Agreement are inserted for convenience of reference only and shall not constitute a part hereof.
