Common use of Definition of the Terms Clause in Contracts

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 57 contracts

Samples: Underwriting Agreement (Liberty Property Limited Partnership), Underwriting Agreement (International Telecommunication Data Systems Inc), u.s. Underwriting Agreement (Axiom Inc)

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Definition of the Terms. Business Day" ”, “Affiliate”, and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 47 contracts

Samples: Purchase Agreement (B&G Foods, Inc.), Underwriting Agreement (Las Vegas Sands Corp), Purchase Agreement (B&G Foods, Inc.)

Definition of the Terms. Business DayBUSINESS DAY" and AND "SubsidiarySUBSIDIARY". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 17 contracts

Samples: Underwriting Agreement (Alliance Pharmaceutical Corp), Underwriting Agreement (Adams Golf Inc), Underwriting Agreement (Centerpoint Properties Trust)

Definition of the Terms. Business Day" and "Subsidiary". ." For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 17 contracts

Samples: Purchase Agreement (L 3 Communications Corp), International Underwriting Agreement (Primus Telecommunications Group Inc), u.s. Underwriting Agreement (Primus Telecommunications Group Inc)

Definition of the Terms. Business Day" ,” “Affiliate” and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 15 contracts

Samples: Purchase Agreement (BreitBurn Energy Partners L.P.), Purchase Agreement (Trico Marine Services Inc), Purchase Agreement (Key Energy Services Inc)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading and (b) "subsidiary" has ” means a consolidated subsidiary of the Company that falls within the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 13 contracts

Samples: Underwriting Agreement (Marriott International Inc /Md/), Underwriting Agreement (Marriott International Inc /Md/), Terms Agreement (Marriott International Inc /Md/)

Definition of the Terms. Business Day" and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of under the Rules and Regulations.

Appears in 13 contracts

Samples: Underwriting Agreement (Plains Exploration & Production Co), Underwriting Agreement (Plains Exploration & Production Co), Underwriting Agreement (Plains Exploration & Production Co)

Definition of the Terms. Business Day" ,” “Affiliate” and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of the Rules and Regulations.

Appears in 11 contracts

Samples: Underwriting Agreement (Breitburn Energy Partners LP), Underwriting Agreement (BreitBurn Energy Partners L.P.), Underwriting Agreement (BreitBurn Energy Partners L.P.)

Definition of the Terms. Business Day" ”, “Affiliate”, and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 8 contracts

Samples: Purchase Agreement (Element Solutions Inc), Purchase Agreement (RSP Permian, Inc.), Purchase Agreement (GMX Resources Inc)

Definition of the Terms. Business Day" and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 8 contracts

Samples: Amendment Agreement (NRG Energy, Inc.), Purchase Agreement (Inergy Midstream, L.P.), Underwriting Agreement (Syniverse Holdings Inc)

Definition of the Terms. Business Day" and "Subsidiary". ." For purposes of this Agreement, (a) "business day" means any day on which the New York American Stock Exchange, Inc. Exchange is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 6 contracts

Samples: Underwriting Agreement (TPG Partners Ii Lp), Underwriting Agreement (TPG Partners Ii Lp), Underwriting Agreement (Prize Energy Corp)

Definition of the Terms. Business Day" ”, “Affiliate”, and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and Regulations1933 Act.

Appears in 6 contracts

Samples: Purchase Agreement (Dominos Pizza Inc), Purchase Agreement (Jack in the Box Inc /New/), Purchase Agreement (Sonic Corp)

Definition of the Terms. Business Day" ,” “Affiliate,” and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 6 contracts

Samples: Purchase Agreement (Cott Corp /Cn/), Purchase Agreement (AMERICAN EAGLE ENERGY Corp), Purchase Agreement (Cott Corp /Cn/)

Definition of the Terms. Business Day" ,” “Affiliate” and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the The New York Stock Exchange, Inc. is open for trading trading, and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 5 contracts

Samples: Underwriting Agreement (Bellring Brands, Inc.), Underwriting Agreement (Bellring Brands, Inc.), Underwriting Agreement (Bellring Brands, Inc.)

Definition of the Terms. Business Day" ,” “Affiliate,” and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 5 contracts

Samples: Purchase Agreement (Nationstar Mortgage Holdings Inc.), Purchase Agreement (Nationstar Mortgage Holdings Inc.), Purchase Agreement (Nationstar Mortgage Holdings Inc.)

Definition of the Terms. Business Day" ,” “Affiliate” and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "“affiliate” and “subsidiary" has the meaning ” have their respective meanings set forth in Rule 405 of the Rules and Regulations.

Appears in 4 contracts

Samples: Underwriting Agreement (Spectra Energy Corp.), Underwriting Agreement (Spectra Energy Corp.), Underwriting Agreement (Spectra Energy Corp.)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. NYSE is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 4 contracts

Samples: Underwriting Agreement (Chaus Bernard Inc), Underwriting Agreement (Park Electrochemical Corp), Underwriting Agreement (Boykin Lodging Co)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. NYSE. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 4 contracts

Samples: Underwriting Agreement (Kite Realty Group Trust), Underwriting Agreement (Kite Realty Group Trust), Underwriting Agreement (Kite Realty Group Trust)

Definition of the Terms. Business Day" and "Subsidiary". “subsidiary.” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsSecurities Act.

Appears in 4 contracts

Samples: Underwriting Agreement (Sl Green Operating Partnership, L.P.), Underwriting Agreement (Sl Green Operating Partnership, L.P.), Underwriting Agreement (Sl Green Operating Partnership, L.P.)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 4 contracts

Samples: Remarketing Agreement (Seagram Co LTD), Remarketing Agreement (Nisource Inc), Remarketing Agreement (Nipsco Industries Inc)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "affiliate" and "subsidiary" has the meaning have their respective meanings set forth in Rule 405 of the Rules and Regulations.

Appears in 3 contracts

Samples: Underwriting Agreement (Enterprise Products Operating L P), Underwriting Agreement (Valero L P), Underwriting Agreement (Valero L P)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading trading, and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 3 contracts

Samples: Underwriting Agreement (Penn Virginia Resource Partners L P), Underwriting Agreement (Penn Virginia Resource Partners L P), Underwriting Agreement (Penn Virginia Resource Partners L P)

Definition of the Terms. Business Day" ,” “Affiliate,” and "Subsidiary". .” For purposes of this Agreement, (a) "business day" “Business Day” means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and Regulations1933 Act.

Appears in 3 contracts

Samples: Purchase Agreement (Planet Fitness, Inc.), Purchase Agreement (Planet Fitness, Inc.), Purchase Agreement (Planet Fitness, Inc.)

Definition of the Terms. Business Day" and "Subsidiary". ." For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsRegulations and, when used in reference to subsidiaries of the Company or the Operating Partnership, includes the entities listed on Schedule 1.

Appears in 3 contracts

Samples: Underwriting Agreement (Arden Realty Inc), Underwriting Agreement (Arden Realty Inc), Underwriting Agreement (Arden Realty Inc)

Definition of the Terms. Business Day" ”, “Affiliate”, and "Subsidiary". For purposes of this Agreement, (a) "business day" “Business Day” means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 under the 1933 Act; provided that, for the avoidance of the Rules and Regulationsdoubt, no franchisee shall be deemed to be an affiliate solely based on its position as such.

Appears in 3 contracts

Samples: Purchase Agreement (Wendy's Co), Purchase Agreement (Wendy's Co), Purchase Agreement (Wendy's Co)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "“affiliate” and “subsidiary" has the meaning ” have their respective meanings set forth in Rule 405 of the Rules and Regulations.

Appears in 3 contracts

Samples: Underwriting Agreement (Enterprise Products Partners L P), Underwriting Agreement (Enterprise Products Partners L P), Underwriting Agreement (TCTM L P)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. NYSE is open for trading trading, and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Eastern States Oil & Gas Inc), Underwriting Agreement (Enterprise Products Partners L P)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Securities Act Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Sl Green Realty Corp), Underwriting Agreement (Sl Green Realty Corp)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (aAgreement,(a) "business day" means any day on which the New York Stock Exchange, Inc. NYSE is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsRegulations and shall be deemed to include BCBF.

Appears in 2 contracts

Samples: u.s. Underwriting Agreement (Ocwen Financial Corp), International Underwriting Agreement (Ocwen Financial Corp)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) the term "business day" means any day on which the New York Stock Exchange, Inc. ------------ Nasdaq National Market System is open for trading and (b) the term "subsidiary" has ---------- the meaning set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 2 contracts

Samples: Purchase Agreement (Cybernet Internet Services International Inc), Purchase Agreement (Cybernet Internet Services International Inc)

Definition of the Terms. Business Day" and "Subsidiary". For ------------------------------------------------------- purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Coinmach Laundry Corp), Underwriting Agreement (Coinmach Corp)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the commercial banks in The City of New York Stock Exchange, Inc. is are open for trading business and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Interstate Bakeries Corp/De/), Underwriting Agreement (Interstate Bakeries Corp/De/)

Definition of the Terms. Business Day" and "“Significant Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" “Significant Subsidiary” has the meaning set forth in assigned to it under Rule 405 of the Rules and RegulationsSecurities Act.

Appears in 2 contracts

Samples: Purchase Agreement (Apogent Technologies Inc), Purchase Agreement (Neomarkers Inc)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Purchase Agreement (Mariner Energy Resources, Inc.), Underwriting Agreement (Kite Realty Group Trust)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Efunds Corp), Underwriting Agreement (Efunds Corp)

Definition of the Terms. Business Day" ”, “Affiliate” and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the The New York Stock Exchange, Inc. is open for trading trading, and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Post Holdings, Inc.), Underwriting Agreement (Post Holdings, Inc.)

Definition of the Terms. Business Day" and "Subsidiary". ." For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsRegulations of the Commission under the Securities Act.

Appears in 2 contracts

Samples: Purchase Agreement (Sun Communities Inc), Purchase Agreement (Arden Realty LTD)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Microsourceonline Inc), Underwriting Agreement (Microsourceonline Inc)

Definition of the Terms. Business Day" ,” “Affiliate,” and "Subsidiary". .” For purposes of this Agreement, (a) "business day" “Business Day” means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 under the Securities Act; provided that, for the avoidance of the Rules and Regulationsdoubt, no franchisee shall be deemed to be an affiliate solely based on its position as such.

Appears in 2 contracts

Samples: Purchase Agreement (Dunkin' Brands Group, Inc.), Purchase Agreement (Dunkin' Brands Group, Inc.)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business dayBusiness Day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Price Reit Inc), Preferred Stock Purchase Agreement (Kimco Realty Corp)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading each Monday, Tuesday, Wednesday, Thursday or Friday which is not a day on which banking institutions in New York are generally authorized or obligated by law or executive order to close and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Sequoia Software Corp), Underwriting Agreement (Vina Technologies Inc)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Securities Act Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Sl Green Realty Corp), Underwriting Agreement (Sl Green Realty Corp)

Definition of the Terms. Business Day" and "Subsidiary". For purposes ------------------------------------------------------- of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Microsource Online Inc), Underwriting Agreement (Microsource Online Inc)

Definition of the Terms. Business Day" and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 2 contracts

Samples: Purchase Agreement (Symetra Financial CORP), Purchase Agreement (Symetra Financial CORP)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. NYSE is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Kite Realty Group Trust), Underwriting Agreement (Kite Realty Group Trust)

Definition of the Terms. Business Day" ,” “Affiliate” and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and RegulationsSecurities Act, unless otherwise indicated.

Appears in 1 contract

Samples: Purchase Agreement (Prospect Capital Corp)

Definition of the Terms. Business Day" and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. NYSE is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsSecurities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Sl Green Realty Corp)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York NASDAQ Stock Exchange, Inc. Market is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Cluckcorp International Inc)

Definition of the Terms. Business Day" and "Significant Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiarySignificant Subsidiary" has the meaning set forth in Rule 405 1-02 of the Rules and Regulations.Regulation S-X.

Appears in 1 contract

Samples: Purchase Agreement (Meristar Hospitality Corp)

Definition of the Terms. Business Day" and "Subsidiary". ." For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.Regulations and with respect to the Company shall include, without limitation, Origen Securitization Company, L.L.C.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Origen Financial Inc)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Shares Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Berkshire Realty Co Inc /De)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York NASDAQ Stock Exchange, Inc. Market is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.trading

Appears in 1 contract

Samples: Underwriting Agreement (Cluckcorp International Inc)

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Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsSecurities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Prentiss Properties Trust/Md)

Definition of the Terms. Business Day" ,” Affiliate” and "Subsidiary". .” For purposes of this Agreement and any Terms Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Equity Distribution Agreement (BreitBurn Energy Partners L.P.)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Kite Realty Group Trust)

Definition of the Terms. Business Day" and "Subsidiary"“subsidiary”. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Securities Act Regulations.

Appears in 1 contract

Samples: Purchase Agreement (Sl Green Realty Corp)

Definition of the Terms. Business Day" ,” “Affiliate” and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 1 contract

Samples: Purchase Agreement (WESTMORELAND COAL Co)

Definition of the Terms. Business Day" and "Subsidiary". For purposes ------------------------------------------------------- of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Exchange Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of under the Rules and RegulationsAct.

Appears in 1 contract

Samples: Underwriting Agreement (Horton D R Inc /De/)

Definition of the Terms. Business Day" and "Subsidiary". ." For purposes of this Agreement, Agreement (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and trading, (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (King Pharmaceuticals Inc)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. NYSE is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (U-Store-It Trust)

Definition of the Terms. Business Day" and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Hanson PLC)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth shall mean a "significant subsidiary" as such terms are defined in Rule 405 1-02 of the Rules and Regulations.Regulation S-X.

Appears in 1 contract

Samples: Purchase Agreement (Lodgian Capital Trust I)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Liberty Property Trust)

Definition of the Terms. Business Day" and "Subsidiary". .” For purposes of this Agreement, (a) "business day" “Business Day” means any day on which the New York Stock Exchange, Inc. is open for trading trading, other than any day on which commercial banks are authorized or required to be closed in New York City or Houston, Texas, and (b) "subsidiary" “Subsidiary” has the meaning set forth in Rule 405 of the Rules and RegulationsRegulations and includes both partnerships and corporations.

Appears in 1 contract

Samples: Purchase Agreement (Dynegy Inc.)

Definition of the Terms. Business Day" and "Subsidiary". For ------------------------------------------------------ purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsSecurities Act.

Appears in 1 contract

Samples: Purchase Agreement (Prentiss Properties Trust/Md)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. NASDAQ National Market is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Talarian Corp)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading trading, and (b) "affiliate" and "subsidiary" has the meaning have their respective meanings set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Sunoco Logistics Partners Lp)

Definition of the Terms. Business Day" and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules rules and Regulationsregulations.

Appears in 1 contract

Samples: Purchase Agreement (Yankee Holding Corp.)

Definition of the Terms. Business Day" and "Subsidiary". ." For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Share Exchange is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations., and for purposes hereof "subsidiary" shall include PREIT-Xxxxx, Inc.

Appears in 1 contract

Samples: Underwriting Agreement (Pennsylvania Real Estate Investment Trust)

Definition of the Terms. Business Day" ,” “Affiliate” and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading and (b) "“affiliate” and “subsidiary" has the meaning ” have their respective meanings set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Spectra Energy Corp.)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. NASDAQ National Market is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Talarian Corp)

Definition of the Terms. Business Day" ,” “Affiliate” and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and RegulationsSecurities Act, unless otherwise indicated.

Appears in 1 contract

Samples: Purchase Agreement (Prospect Capital Corp)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "affiliate" and "subsidiary" has the meaning have their respective meanings set forth in Rule 405 of the Rules and RegulationsSecurities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Heritage Service Corp)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiarySubsidiary" has the meaning set forth in Rule 405 of the Rules and Regulationsshall mean [IDENTIFY SUBSIDIARIES BY NAME].

Appears in 1 contract

Samples: Underwriting Agreement (Staff Leasing Inc)

Definition of the Terms. Business Day" and "Subsidiary". For ------------------------------------------------------- purposes of this Agreement, (a) "business day" means any day on which the commercial banks in The City of New York Stock Exchange, Inc. is are open for trading business and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Ralston Purina Co)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading trading, and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Penn Virginia Resource Partners L P)

Definition of the Terms. Business Day" ,” “Affiliate” and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "“affiliate” and “subsidiary" has ” have the meaning meanings set forth in Rule 405 of under the Rules and RegulationsSecurities Act.

Appears in 1 contract

Samples: Purchase Agreement (Interline Brands, Inc./De)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsRegulations and shall be deemed to include BCBF.

Appears in 1 contract

Samples: Underwriting Agreement (Ocwen Capital Trust Ii)

Definition of the Terms. Business Day" and "Subsidiary". ." For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsRegulations and, when used in reference to subsidiaries of the Company or the Operating Partnership, includes the entities listed on Schedule 2.

Appears in 1 contract

Samples: Underwriting Agreement (Arden Realty Inc)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Exchange Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 under the Act. Very truly yours, M/I SCHOTTENSTEIN HOMES, INC. By: ----------------------------- Name: Title: Confirmed as of the Rules and Regulations.date first mentioned above: SMITX XXXXXX XXX. By: ----------------------------- Name: Title: -28- 29 SCHEDULE I M/I SCHOTTENSTEIN HOMES, INC. Subsidiaries of the Company ---------------------------

Appears in 1 contract

Samples: Underwriting Agreement (M I Schottenstein Homes Inc)

Definition of the Terms. Business Day" and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. NYSE is open for trading and (b) "subsidiary" and "Significant Subsidiary" each has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Aon Corp)

Definition of the Terms. Business Day" and "Significant Subsidiary"" . For purposes of this Agreement, (a) "business dayBUSINESS DAY" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiarySIGNIFICANT SUBSIDIARY" has the meaning set forth in assigned to it under Rule 405 of the Rules and RegulationsSecurities Act.

Appears in 1 contract

Samples: Purchase Agreement (Apogent Technologies Inc)

Definition of the Terms. Business Day" and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules rules and Regulationsregulations of the Act.

Appears in 1 contract

Samples: Purchase Agreement (Verasun Energy Corp)

Definition of the Terms. Business Day" ,” “Affiliate” and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.Stock

Appears in 1 contract

Samples: Purchase Agreement (Prospect Capital Corp)

Definition of the Terms. Business Day" ", "Affiliate", and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading trading, and (b) "affiliate" and "subsidiary" has have the meaning meanings set forth in Rule 405 of under the Rules and Regulations1933 Act.

Appears in 1 contract

Samples: Purchase Agreement (Jack in the Box Inc)

Definition of the Terms. Business Day" and "Subsidiary". .” For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsSecurities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Owens & Minor Inc/Va/)

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