Definition of “Cause.” For all purposes under this Agreement, “Cause” shall mean:
Definition of Company Solely for purposes of this Article 6, the term "Company" also shall include any existing or future subsidiaries of the Company that are operating during the time periods described herein and any other entities that directly or indirectly, through one or more intermediaries, control, are controlled by or are under common control with the Company during the periods described herein.
Defined Terms; References Unless otherwise specifically defined herein, each term used herein which is defined in the Credit Agreement has the meaning assigned to such term in the Credit Agreement. Each reference to "hereof", "hereunder", "herein" and "hereby" and each other similar reference and each reference to "this Agreement" and each other similar reference contained in the Credit Agreement shall, after this Amendment becomes effective, refer to the Credit Agreement as amended hereby.
Defined Terms Used in this Agreement In addition to the terms defined above, the following terms used in this Agreement shall be construed to have the meanings set forth or referenced below.
Incorporation of defined terms (a) Unless a contrary indication appears, a term defined in the Original Facility Agreement has the same meaning in this Agreement. (b) The principles of construction set out in the Original Facility Agreement shall have effect as if set out in this Agreement.
Definitions and References Capitalized terms not otherwise defined herein have the meanings assigned in the Credit Agreement. All references to the Credit Agreement contained in the Collateral Documents and the other Loan Documents, as amended or amended and restated, shall, upon the execution of this Amendment, mean the Credit Agreement as amended by this Amendment.
Definition of Prevailing Market For purposes of this Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San Mateo, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease.
Table of Definitions The following terms have the meanings set forth in the Sections referenced below: 510(k)s 3.27(c) Acquisition Proposal 5.17(j)(i) Agreement Preamble Alternative Acquisition Agreement 5.17(a)(ii)(E) Alternative Financing 5.21(b) Applicable Date 3.6(d) Assumed Liabilities 2.3 Balance Sheet 3.6(b) (a) Business Recitals Buyer Preamble Buyer Employees 5.3(a)(ii) Buyer Expenses 8.4(c) Buyer Welfare Plans 5.7(e) CERCLA 3.17(d)(ii) Claim Notice 7.4(a) Closing 2.6 Closing Balance Sheet 2.7 Closing Date 2.6 COBRA 5.7(d) Code 1.1 Competing Business 5.3(a)(i) Confidential Information 5.8(b) Copyrights 1.1 Customer 5.3(a)(iii) Debt Financing 5.21(a) Debt Financing Commitments 4.4 Debt Financing Source 4.4 Determination Notice 5.17(d)(i)(D) DGCL 4.6 Direct Claim 7.4(c) Effect 1.1 Environmental Laws 3.17(d)(i) Equity Financing 5.21(a) Equity Financing Commitment 4.4 Excluded Assets 2.2 Excluded Intellectual Property 2.2(c) Excluded Liabilities 2.4 Existing Stock 5.14(b) Fairness Opinion 3.2(b) FDA 1.1 Financial Statements 3.5(a) Financing 5.21(a) Financing Commitments 4.4 Finished Goods Inventory Amount 2.8(a) Group Health Plan 5.7(d) Hazardous Substances 3.17(d)(ii) Health Care Permits 3.27(c) HIPAA 1.1 HSR Act 3.3(b) Indemnified Party 7.4(a) Indemnifying Party 7.4(a) Independent Accounting Firm 2.8(a) Initial Allocation 2.1 Interim Financial Statements 3.5(a) Intervening Event 5.17(j)(iii) Intervening Event Change of Recommendation 5.17(d)(ii) Licensed Excluded IP 3.13(h) Losses 7.2 Marks 1.1 Notice Period 5.17(d)(i)(D) Outside Date 8.1(b)(i) Patents 1.1 Personal Information 3.26(a) Post-Closing Claims 5.13(a) Pre-Closing Contract Liabilities 2.4(f) Privacy Laws 3.26(a) Proxy Statement 3.29
Definitions For purposes of this Agreement:
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: