Definition Location. Specified Buyer Representations 8.1(a) Specified Seller Representations 8.1(a)
Definition Location. As used in this Lease, “Project Common Areas” shall mean all areas within the Project, not including Building Common Areas (as hereinafter defined) , and “Building Common Areas” shall mean all areas within the Building, which are available for the common use of tenants of the Project and/or the Building and which are not leased or held for the exclusive use of Tenant or other tenants of the Project and/or the Building, including, but not limited to, parking areas, driveways, sidewalks, loading areas, retaining walls, truck serviceways, pedestrian malls, stairs, ramps, rest-rooms, access roads, corridors, landscaping and planted areas. The Project Common Areas and the Building Common Areas may sometimes collectively be referred to as the “Common Areas.” Landlord may from time to time reasonably change the size, location, nature and use of the Common Areas, including converting Common Areas into leasable areas, constructing additional parking facilities (including parking structures) in the Common Areas, and increasing or decreasing Common Area land and/or facilities. Tenant acknowledges that such activities may result in occasional inconvenience to Tenant from time to time. Such activities and changes shall be expressly permitted if they do not materially affect Tenant’s use of the Premises and/or significantly impact Tenant’s access and use of Common Areas, subject to Subsection 4.4.2 below.
Definition Location. Purchased Assets 2.1 Release 3.17(d)(iii) Roundtable 4.4 Xxxxxxxx-Xxxxx Act 3.6(d) Seller Preamble Seller Adverse Recommendation Change 5.17(c)(v) Seller Board Recitals Seller Board Recommendation Recitals Seller Disclosure Letter Article III Seller Guarantees 5.15 Seller Registered IP 3.13(e) Seller Reports 3.6(d) Seller Stockholder Approval 3.2(a) Seller Stockholders Meeting 5.18(b) Seller Termination Fee 8.4(b) Senior Debt Financing Commitments 4.4 Senior Lenders 4.4 Specialty Generators Recitals Subordinated Lender 4.4 Superior Proposal 5.17(j)(ii) Takeover Provision 3.25 Termination Event 8.3(a) Termination Fee 8.3(a) Third-Party Claim 7.4(a) Trade Secrets 1.1 Transaction Litigation 5.4 Transfer Taxes 5.6(a) Transferred Marks 5.14(b) Transferring Employees 5.7(b)
Definition Location. As used in this Sublease, "Common Areas" shall mean all areas within the Project which are available for the common use of tenants of the Project and which are not leased or held for the exclusive use of tenants of the Project or which are not leased or held for the exclusive use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas, retaining walls, truck serviceways, pedestrian malls, stairs, ramps, restrooms, access roads, corridors, landscaping and planted areas. Landlord may from time to time change the size, location, nature and use of the Common Areas, including converting Common Areas into leasable areas, construction of additional parking facilities (including parking structures) in the Common Areas, and increasing or decreasing Common Area land and/or facilities. Tenant acknowledges that such activities may result in occasional inconvenience to Tenant from time to time. Such activities and changes shall be expressly permitted if they do not materially affect Tenant's use of the Premises.
Definition Location. Consideration Spreadsheet 5.16 Core Representations 8.1(a) Deductible 8.5 DGCL Recitals Disclosed Tax 8.2(e) Disclosure Memorandum Article III Dissenting Shares 2.8 Effective Time 2.2(b) Excess Parent Common Stock 8.7(g) Exchange Agent 2.10(a) Exchange Fund 2.10(a) Financial Statements 3.6(a) Foreign Plan 3.15(m) Form S-4 5.5 HSR Act 3.5 Inbound Licenses 3.16(b)(i) Indemnified Party 8.4(a) Indemnifying Party 8.4(a) Insured Party 5.12(a) Intellectual Property Agreements 3.16(b) Interim Balance Sheet 3.6(a) Interim Financial Statements 3.6(a) Letter of Transmittal 2.10(b) Locked-Up Shares 2.13(a) Lock-Up Period 2.13(a) Losses 8.2 Majority Holders 2.12(b) Material Contract 3.10(a) Merger Recitals Merger Sub Preamble New Law 8.2 Non-Competition Agreement Recitals Officer’s Certificate 8.4(c) Open Source Licenses 3.16(m) Open Source Software 3.16(m) Outbound Licenses 3.16(b)(ii) Parent Preamble Parent Common Stock 2.7(a)(i) Parent Option 2.9(a) Preferred Stock 3.3(a) Preferred Stock Conversion 5.13 Privacy Statement 3.16(l) Quarterly Financials 3.6(a) Real Property 3.9(a) Relinquishing Shareholder 8.7(b) Definition Location Representatives 5.2 Schedule of Expenses 2.10(k) SEC Reports 4.4 Series A Preferred Stock 3.3(b) Series B Preferred Stock 3.3(b) Series C Preferred Stock 3.3(b) Series D Preferred Stock 3.3(b) Series E Preferred Stock 3.3(b) Series F Preferred Stock 3.3(b) Share 2.7(a)(i) Shareholder Meeting 5.4 Shareholder Representative 2.12(a) Special Matters 8.5(a)(vi) Specified Representations 7.3(a) Stock Purchase Rights 3.3(c) Surviving Corporation 2.1 Tail Policy 5.12(a) Third Party Claim 8.4(a) Voting Agreement Recitals
Definition Location. Tangible Personal Property 1.1(e) Termination Date 8.1(b) Title Commitment 2.6 Title Commitments 2.6 Title Policies 2.7 Transferred Assets 1.1 Transferred Employee 5.13(a) Transferred IP 1.1(c) Transferred Permits 1.1(g)
Definition Location. Effective Time 1.3
Definition Location. As used in this Lease, “Project Common Areas” shall mean all areas within the Project which are available for the common use of tenants of the Project as provided in that certain Declaration of Covenants and Restrictions for Txxxxx Xxxxx Science Center [Unit 2] recorded on June 27, 1994 as Document No. 1994-0405385 (“Declaration”). The Project Common Areas will be maintained in accordance with the Declaration.
Definition Location. Offer Consideration 1.1(a) Offer Documents 1.2 Outside Date 1.1(c)(i)(B) Owned Real Property 4.18(b) Parent Preamble Parent Material Adverse Effect 5.1 Patents 4.19(a) Paying Agent 3.3(a) PBGC 4.12(c) Permits 4.11(a) Permitted Liens 4.18(a) Person 9.3(h) PMA’s 4.11(c) Proper Delivery 3.3(b) Proxy Statement 4.8 Reduced Purchase Amount 1.1(d)(ii) Related Party 4.25 Representatives 6.2(a) Restricted Stock 3.2(c) Rights Plan 4.24 Xxxxxxxx-Xxxxx Act 4.6(a) Schedule 14D-9 1.3(b) Schedule TO 1.2 Securities Act 1.5(e) SEC 1.1(c)(ii) Shares Recitals Short-Form Merger Threshold 1.1(d) SSA 4.11(a) Stockholders 9.3(i) Subsidiary 9.3(j) Superior Proposal 6.2(h)(iv) Support Agreement Recitals Surviving Corporation 2.1 Takeover Laws 4.23 Tax 9.3(k) Tax Proceedings 4.15(e) Tax Return 9.3(l) Termination Fee 8.3(b)(iii) Top-Up Consideration 1.5(b)
Definition Location. Covered Parties 7.1 Customer 5.4(a)(iii) Deductible 7.2(a) Delivered Future Purchase Price 5.12(g) Designated Lender 2.1(b) Dispute Notice 7.4(b) Disputed Matters 5.12(f) Disputing Parties 10.9(a) Disputing Party 10.9(a) EBITDA 5.12(c) Environmental Laws 3.18(e)(i) Environmental Permits 3.18(e)(ii) Equity Interests Recitals Escrow 6.3(k) Final Future Purchase Price 5.12(h) Final Purchase Price 5.12(f) Financial Statements 3.8(a) Fixed Future Purchase Price 5.12(b)(i) Funding Date 2.1(b) Future Closing Date 5.12(f) Future Dispute Notice 5.12(f) Future Purchase 5.12(b) Future Purchase Price 5.12(b)(iii) Hazardous Substances 3.18(e)(iii) ICC 10.9(a) Independent Accounting Firm 5.12(f) Loan Agreement 2.1(b) Loan Amount 2.1(b) Losses 7.1 Marks 1.1
