Definitions and Certain Other Provisions Sample Clauses

Definitions and Certain Other Provisions. 1.1. Defined Terms 1 1.2. Other Interpretive Provisions 69 1.3. Accounting Terms 69 1.4. Rounding 70 1.5. References to Agreements, Laws, Etc. 70 1.6. Exchange Rates 70 1.7. Interest Rates 70 1.8. Limited Condition Transactions 71 1.9. Divisions 72 1.10. Certain Determinations 72 SECTION 2. AMOUNT AND TERMS OF CREDIT 2.1. Loans 73 2.2. Minimum Amount of Each Borrowing; Maximum Number of Borrowings 75 2.3. Notice of Borrowing 76 2.4. Disbursement of Funds 77 2.5. Repayment of Loans; Evidence of Debt; Notes 78 2.6. Conversions and Continuations 81 2.7. Pro Rata Borrowings 82 2.8. Interest 83 2.9. Interest Periods 84 2.10. Inability to Determine Rate 85 2.11. Compensation 87 2.12. Change of Lending Office 88 2.13. Notice of Certain Costs 88 2.14. Incremental Facilities 88 2.15. XXXX Event 94 2.16. Defaulting Lenders 95 SECTION 3. LETTERS OF CREDIT 3.1. Letters of Credit 97 3.2. Letter of Credit Requests 100 3.3. Letter of Credit Participations 102 3.4. Agreement to Repay Letter of Credit Drawings 104 3.5. Increased Costs 105 3.6. New or Successor Letter of Credit Issuer 106 3.7. Role of Letter of Credit Issuer 107 3.8. Cash Collateral 108 3.9. Applicability of ISP and UCP 108 3.10. Conflict with Issuer Documents 108 3.11. Letters of Credit Issued for Restricted Subsidiaries 108 SECTION 4. FEES; COMMITMENTS 4.1. Fees 109 4.2. Voluntary Reduction of Revolving Credit Commitments 110 4.3. Mandatory Termination of Commitments 110 SECTION 5. PAYMENTS 5.1. Voluntary Prepayments 111 5.2. Mandatory Prepayments 111 5.3. Method and Place of Payment 115 5.4. Net Payments 116 5.5. Computations of Interest and Fees 120 5.6. Limit on Rate of Interest 120 SECTION 6. CONDITIONS PRECEDENT TO FIFTH RESTATEMENT EFFECTIVE DATE 6.1. Fifth Restatement Agreement 121 6.2. Legal Opinions 121 6.3. Refinancing of Existing Revolving Credit Facility 121 6.4. Upfront Fees 121 6.5. Representations and Warranties and Absence of Default 121 6.6. Flood Regulation Compliance 121 SECTION 7. CONDITIONS PRECEDENT TO ALL CREDIT EVENTS 7.1. No Default; Representations and Warranties 122 7.2. Notice of Borrowing; Letter of Credit Request 122 SECTION 8. REPRESENTATIONS, WARRANTIES AND AGREEMENTS 8.1. Corporate Status 123 8.2. Corporate Power and Authority 123 8.3. No Violation 123 8.4. Litigation 123 8.5. Margin Regulations 123 8.6. Governmental Approvals 123 8.7. Investment Company Act. 124 8.8. True and Complete Disclosure 124 8.9. Financial Condition; Financial Statements 124 8.10. Tax Matters 124 ...
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Definitions and Certain Other Provisions 
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Related to Definitions and Certain Other Provisions

  • Certain Other Definitions The following terms used herein shall have the meanings set forth below:

  • Definitions and General Provisions The following words and terms as hereinafter used in this Agreement shall have the following meanings unless otherwise herein provided and unless the context or use clearly indicates an other or different meaning or intent.

  • DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION

  • Certain Other Terms (a) In this Agreement, in the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each mean “to but excluding” and the word “through” means “to and including.”

  • DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION

  • Notice of Adjustments and Certain Other Events (a) Whenever the Fixed Settlement Rates are adjusted as herein provided, the Company shall, as soon as practicable following the occurrence of an event that requires an adjustment pursuant to Section 5.05 (or if the Company is not aware of such occurrence, as soon as practicable after becoming so aware): (i) compute each adjusted Fixed Settlement Rate in accordance with Section 5.05 and prepare and transmit to the Purchase Contract Agent an Officers’ Certificate setting forth each adjusted Fixed Settlement Rate, the method of calculation thereof in reasonable detail, and the facts requiring such adjustment and upon which such adjustment is based; and (ii) provide a written notice to the Holders of the Units of the occurrence of such event and a statement in reasonable detail setting forth the method by which the adjustment to each Fixed Settlement Rate was determined and setting forth each adjusted Fixed Settlement Rate. (b) The Purchase Contract Agent shall not at any time be under any duty or responsibility to any Holder to determine whether any facts exist which may require any adjustment of each Fixed Settlement Rate, or with respect to the nature or extent or calculation of any such adjustment when made, or with respect to the method employed in making the same. The Purchase Contract Agent shall be fully authorized and protected in relying on any Officers’ Certificate delivered pursuant to Section 5.06(a)(i) and any adjustment contained therein and the Purchase Contract Agent shall not be deemed to have knowledge of any adjustment unless and until it has received such certificate. The Purchase Contract Agent shall not be accountable with respect to the validity or value (or the kind or amount) of any shares of Common Stock, or of any securities or property, which may at the time be issued or delivered with respect to any Purchase Contract; and the Purchase Contract Agent makes no representation with respect thereto. The Purchase Contract Agent shall not be responsible for any failure of the Company to issue, transfer or deliver any shares of Common Stock pursuant to a Purchase Contract or to comply with any of the duties, responsibilities or covenants of the Company contained in this Article 5.

  • Definitions and Other Provisions of General Application SECTION 101.

  • Other Definitional Provisions (a) Capitalized terms used herein and not otherwise defined herein have meanings assigned to them in the Indenture, or, if not defined therein, in the Trust Agreement. (b) All terms defined in this Agreement shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (c) As used in this Agreement, in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Agreement or in any such instrument, certificate or other document, and accounting terms partly defined in this Agreement or in any such instrument, certificate or other document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles as in effect on the date of this Agreement or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Agreement or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Agreement or in any such instrument, certificate or other document shall control. (d) The words “hereof,” “herein,” “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; Section, Schedule and Exhibit references contained in this Agreement are references to Sections, Schedules and Exhibits in or to this Agreement unless otherwise specified; and the term “including” shall mean “including without limitation.” (e) The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. (f) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein; references to a Person are also to its permitted successors and assigns.

  • Other Definitional Provisions and Rules of Construction A. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference.

  • Other Definitions and Provisions With reference to this Agreement and each other Loan Document, unless otherwise specified herein or in such other Loan Document: (a) the definitions of terms herein shall apply equally to the singular and plural forms of the terms defined, (b) whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms, (c) the words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”, (d) the word “will” shall be construed to have the same meaning and effect as the word “shall”, (e) any reference herein to any Person shall be construed to include such Person’s successors and assigns, (f) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (g) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement, (h) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights, (i) the term “documents” includes any and all instruments, documents, agreements, certificates, notices, reports, financial statements and other writings, however evidenced, whether in physical or electronic form, (j) in the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including;” the words “to” and “until” each mean “to but excluding;” and the word “through” means “to and including” and (k) Section headings herein and in the other Loan Documents are included for convenience of reference only and shall not affect the interpretation of this Agreement or any other Loan Document.

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