Existing Definitions Section 1.2 of the Credit Agreement is hereby amended as follows:
Layoff Defined Layoff shall be defined as a reduction in the work force.
Defined Term Section Company Stockholder Approval Section 4.05(a) Company Stockholders Recitals Company Stockholders’ Meeting Section 6.04(b) Company Tax Opinion Section 7.03(e) Confidentiality Agreement Section 6.05 D&O Insurance Section 6.08(b) DGCL Recitals DOJ Section 6.09(b) DOL Section 4.12(b) DTC Section 3.02(c) Effective Time Section 2.03 ERISA Section 4.12(a) ERISA Affiliate Section 4.12(e) Exchange Agent Section 3.02(a) Exchange Fund Section 3.02(a) Exchange Ratio Section 3.01(b) Foreign Corrupt Practices Act Section 4.24(a) Foreign Plans Section 4.12(a) Form S-4 Section 5.06(b) FTC Section 6.09(b) Indemnified Party Section 6.08(a) Intervening Event Section 6.06(e) IRS Section 4.12(b) Letter of Transmittal Section 3.02(c) Material Contract Section 4.17(a) Maximum Amount Section 6.08(b) Merger Recitals Merger Consideration Recitals Merger Shares Section 3.01(b) Merger Sub Preamble Notice Period Section 6.06(d) OFAC Section 4.24(a) Outside Date Section 8.01(b) Parent Preamble Parent Common Stock Recitals Parent Financial Statements Section 5.03(a) Parent Preferred Shares Section 4.04(a) Parent Tax Opinion Section 7.02(e) PBGC Section 4.12(b) Permits Section 4.07(b) Plan Section 4.12(a) Proxy Statement Section 4.25 Surviving Corporation Recitals Termination Date Section 8.01 Uncertificated Company Shares Section 3.02(c)
Recitals and Definitions Each of the parties hereto acknowledges and agrees that the recitals set forth above in this Agreement are true and accurate, are contractual in nature, and are hereby incorporated into and made a part of this Agreement.
Preamble and Definitions 1.1 The preamble to this Agreement constitutes an integral part of this Agreement, as do the terms of the Plan.
1.2 Unless otherwise defined herein, capitalized terms used herein shall have the meaning ascribed to them in the Plan.
Terminology and Definitions All personal pronouns used herein, whether used in the masculine, feminine, or neutral, shall include all other genders; the singular shall include the plural and the plural shall include the singular.
Terms Defined Elsewhere The following terms are defined elsewhere in this Agreement, as indicated below:
Capitalized Terms Generally Capitalized terms used in this Annex A and not otherwise defined herein have the meanings assigned to them in the Agreement.
Defined Term For purposes of this Section, the term "applicable law" includes FATCA.
Abbreviations and Defined Terms Customary abbreviations may be used in the name of a Holder of a Security or an assignee, such as: TEN COM (= tenants in common), TEN ENT (= tenants by the entireties), JT TEN (= joint tenants with right of survivorship and not as tenants in common), CUST (= Custodian), and U/G/M/A (= Uniform Gifts to Minors Act).
