Defined Terms, Etc. Certain capitalized terms used in this Agreement are defined in Schedule B; references to a "Schedule" or an "Exhibit" are, unless otherwise specified, to a Schedule or an Exhibit attached to this Agreement; and references to a "Section" are, unless otherwise specified, to a Section of this Agreement.
Defined Terms, Etc. The terms defined below in this Section 1 shall for all purposes of this agreement have the meanings specified below unless the context otherwise requires.
Defined Terms, Etc. The Closing; The Closing Date; Termination...................................11 3.
Defined Terms, Etc. The terms defined below in this Section 1 shall for all purposes of this agreement have the meanings specified below unless the context otherwise requires. "Amended Fiduciary Power" means the amended and restated fiduciary power substantially in the form of Exhibit D to the Bank Credit Agreement Amendments. "Amended Fiduciary Transfer" means the amended and restated fiduciary transfer substantially in the form of Exhibit C to the Bank Credit Agreement Amendments. "Bank Fiduciary Assignment of Accounts Receivable" means the fiduciary assignment of accounts receivable substantially in the form of Exhibit E to the Bank Credit Agreement Amendments. "Bank Lien" means any lien on any asset of FI or any of its subsidiaries granted from time to time during the term of this Agreement to the Trustee pursuant to the Restated Trust Agreement and the Fiduciary Assignment of Accounts Receivable, to the JAA Security Agent pursuant to the JAA Fiduciary Power and the JAA Fiduciary Transfer or to the Security Agent pursuant to the Bank Security Documents or any other agreement or instrument, in each case for the benefit of the Banks, as security for the payment of <PAGE> the FI Indebtedness owing to the Banks. "Bank Security Agreement" means a security agreement substantially in the form of Exhibit A to the Bank Credit Agreement Amendments. "Bank Security Documents" means the Bank Security Agreement, the Bank Surat Kuasa, the Bank Fiduciary Assignment of Accounts Receivable, the Amended Fiduciary Transfer and the Amended Fiduciary Power. "Bank Surat Kuasa" means a surat kuasa substantially in the form of Exhibit B to the Bank Credit Agreement Amendments. "Governmental Agency" means the Government of the Republic of Indonesia (including the President and any Minister) and any material state, provincial or local court or governmental agency, authority, instrumentality or regulatory body of Indonesia or any other country. "Indonesian Notarized Documents" means the PT-RTZ COW Assignment, the Surat Kuasa, the Fiduciary Assignment of Accounts Receivable, the Bank Surat Kuasa, the Bank Fiduciary Assignment of Accounts Receivable, the Amended Fiduciary Transfer, the Amended Fiduciary Power, the JAA Fiduciary Power, the JAA Fiduciary Transfer, the RTZ Release and the Side Letter. "Remedial Action" means (a) any claim, proceeding or action to foreclose upon, take possession or control of, sell, lease or otherwise dispose of, or in any other manner realize, take steps to realize or se...
Defined Terms, Etc. All terms used herein that are defined in the Contribution Agreement shall have the same meaning when used herein as therein. The Contribution Agreement, as amended by this Second Amendment, is referred to herein as the “Amended Agreement”) and all references to the “Agreement” contained in the Contribution Agreement shall be deemed to be, and shall be, references to the Amended Agreement, unless the context in which the term, “Agreement”, is used in the Contribution Agreement as amended by this Second Amendment, clearly requires that a different meaning be ascribed to such term; provided, however, that anything to the contrary contained in the Contribution Agreement references in the Amended Agreement, including without limitation the Exhibits thereto, to: (i) “MCF” shall be deemed to refer, and shall refer, to that certain loan from Citizens Bank & Trust Company (“Citizens”) to the Contributor in the original principal amount of $1,500,000 (the “Citizens Loan”), (ii) “MCF Liens” shall be deemed to refer, and shall refer, to the security interests in certain LLC Interests created by the Contributor in favor of the Citizens as collateral security for the payment and performance of the Citizens Loan; and (iii) references in the Amended Agreement to “Guaranties” and “Guarantors’ Indemnity” shall include in addition to Existing Loans, and the Citizens Loan guaranties by Guarantors of the Smaller Loan (hereinafter defined) and the Larger Loan (hereinafter defined) .
Defined Terms, Etc. For purposes of this Agreement, the following terms shall have the respective meanings indicated below.
Defined Terms, Etc. (a) Capitalized terms used in this Agreement and not otherwise defined have the meanings given to them in the Bridge Financing Agreement.
(b) This Agreement constitutes a Credit Document under the Bridge Financing Agreement.
Defined Terms, Etc. Certain capitalized terms used in this Agreement are defined in SCHEDULE A hereto; references to a "SCHEDULE" or an "EXHIBIT" are, unless otherwise specified, to a SCHEDULE or an EXHIBIT attached to this Agreement; and references to a "SECTION" are, unless otherwise specified, to a SECTION of this Agreement.
Defined Terms, Etc. Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Credit Agreement. The rules of construction set forth in Section 1.02 of the Credit Agreement shall apply equally to this Agreement. This Agreement shall be an "Incremental Term Loan Assumption Agreement" for all purposes of the Credit Agreement and the other Loan Documents.
Defined Terms, Etc. As used in this Agreement, each of the capitalized terms defined in the opening paragraph and the Recitals above shall have the meanings assigned to such terms therein. Each capitalized term defined in the Credit Agreement and used herein without definition shall have the meaning assigned to such term in the Credit Agreement, unless expressly provided to the contrary. Article, Section, Schedule, and Exhibit references are to Articles and Sections of and Schedules and Exhibits to this Agreement, unless otherwise specified. 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.
