DEFINITIONS Defined Terms Sample Clauses

DEFINITIONS Defined Terms. For purposes of this Agreement, the following terms shall have the meanings set forth below:

DEFINITIONS Defined Terms. Each time the following terms are used in this agreement and as far as the context does not clearly give them another meaning, they shall have the following meaning:

DEFINITIONS Defined Terms. Applicable Law shall mean all local, state and federal Permits and Laws which are applicable to or which affect Contractor, Company, the Wind Projects or the Work Site(s), with respect to the operation, maintenance, servicing, repair, ownership or use of the Wind Projects, Work Site(s) and the Interconnection Facilities, including without limitation any Permits or Law relating to the environment, health or safety, bankruptcy Law, zoning, sanitation, safety, siting or building Laws. Balance of Plant shall mean all equipment and materials and other items incorporated in the Wind Projects, except for the WTGs. Balance of Plant includes, but is not limited to, the civil, electrical and mechanical construction works, roads, foundations, vaults or pads for transformers or sectionalizing cabinets and WTGs, cable and pipe ducting, pad-mount transformers (not in a WTG), sectionalizing cabinets, switch gears, electrical cables, communication cables and system and meteorological stations. Interconnection Facilities and O&M Facilities are not included in the Balance of Plant. CIPS Covered Assets shall mean any assets identified by Company as “critical assets” or “critical cyber assets,” as those terms are defined in the North American Electric Reliability Corporation Glossary of Terms. Commencement Date shall mean, with respect any Wind Project, the commencement date specified in Exhibit A-2. Company’s Criteria shall mean applicable requirements used as the baseline for determining whether an individual is a restricted person, as set forth on Exhibit E, Company’s Criteria. Company’s Facilities shall mean any facilities owned, operated or otherwise controlled by Company which require Company authorization to obtain access. Company’s Property shall have the meaning set forth in ARTICLE 48, OWNERSHIP OF DESIGNS, DRAWINGS AND WORK PRODUCT; TITLE TO MATERIALS. Consumables shall have the meaning set forth in Exhibit A-1. Deliverables shall mean all Documentation, equipment, materials, goods, parts, associated hardware and other items to be delivered to Company by Contractor under this Contract, including without limitation any Consumable. Documentation shall mean all drawings, manuals, calculations, specifications, maps, sketches, designs, tracings, notes, reports, data, models, plans, programs, procedures, protocols, samples and similar documents that are to be provided, obtained, prepared and delivered to Company by Contractor, as set forth in the Scope of Work or Specifi...

DEFINITIONS Defined Terms. As used in this Agreement, the following terms shallSection 1.01. have the following meanings: “Acceptable Discount” has the meaning specified in Section 2.08(a)(iii)(C). “Acceptance Date” has the meaning specified in Section 2.08(a)(iii)(B). “Accepting Lenders” has the meaning specified in Section 10.01. “Accredited Investor” has the meaning specified in Regulation D of the Securities Act. “Acquired Entity” has the meaning specified in the definition of “Permitted Acquisition.” “Acquisition Consideration” means the purchase consideration for any Permitted Acquisition and all other payments by the Borrower or any Restricted Subsidiary in exchange for, or as part of, or in connection with, any Permitted Acquisition, whether paid in cash or by exchange of Equity

DEFINITIONS Defined Terms. Terms used in this Agreement which are defined in Annex I hereto shall have the meanings specified in such Annex I (unless otherwise defined herein).

DEFINITIONS Defined Terms. As used in this Agreement, the following termsSECTION 1.01. have the meanings specified below: “Adjusted LIBO RateDaily Simple SOFR” means, with respect to any Eurodollar Borrowing for any Interest Period or for any CBFR Borrowing, an interest rate per annum (rounded upwards, if necessary, to the next 1/16 of 1%) equal to (a) the LIBO Rate for such Interest Period, multiplied by (b) the Statutory Reserve RateDaily Simple SOFR, plus (b) 0.10%. “Adjusted One Month LIBORTerm SOFR Rate” means, for any dayInterest Period, an interest rate per annum equal to the sum of (i) 1.00% plus (ii(a) the Adjusted LIBOTerm SOFR Rate for a one monthsuch Interest Period on such day (or if such day is not a Business Day, the immediately preceding Business Day); provided that, for the avoidance of doubt, the Adjusted LIBO Rate for any day shall be based on the LIBO Screen Rate at approximately 11:00 a.m. London time on such day; provided further, that, if the LIBO Screen Rate, as determined without giving effect to the first proviso set forth in the definition of the “LIBO Screen Rate,” at such time shall be less than zero, such rate shall be deemed to be zero for purposes of determining the “Adjusted One Month LIBOR Rate” and the “CB Floating Rate”, plus (b) 0.10%.

DEFINITIONS Defined Terms. In addition to the other terms defined elsewhere in this Agreement, as used herein, the following terms shall have the following meanings: LEGAL02/39661241v2LEGAL02/39709302v6

DEFINITIONS Defined Terms. As used in this Agreement, the following terms have theSECTION 1.01 meanings specified below: “2018 Preferred Documents” means, collectively, (each dated, as applicable on or about August 8, 2018): (a) the Parent’s Fourth Articles of Amendment and Restatement, (b) the Parent’s Articles Supplementary Establishing and Fixing the Rights and Preferences of Series A Cumulative Perpetual Preferred Stock, and (c) Series A Cumulative Perpetual Preferred Stock Purchase Agreement entered into between the Parent and the 2018 Preferred Holder. “2018 Preferred Holder” means SHBNPP Global Professional Investment Type Private Real Estate Trust No. 13(H), a real estate investment trust established under the laws of the Republic of Korea (acting through Kookmin Bank as trustee of SHBNPP Global Professional Investment Type Private Real Estate Trust No. 13(H) and its successors and assigns). “2019 Merger” means the contemplated merger by and among Xxxxxxx Capital Essential Asset REIT, Inc., Xxxxxxx Capital Essential Asset Operating Partnership, L.P., Borrower, Parent and Globe Merger Sub, LLC as described in Parent’s December 20, 2018 8-K filing. “2019 Merger Agreement” means the Agreement and Plan of Merger, dated as of December 14, 2018, by and among Xxxxxxx Capital Essential Asset REIT, Inc., Xxxxxxx Capital Essential Asset Operating Partnership, L.P., Borrower, Parent and Globe Merger Sub, LLC, as the same may be amended, amended and restated, restated, supplemented, modified or otherwise in effect from time to time in accordance with this Agreement. “2019 Merger Documents” means the 2019 Merger Agreement and all other agreements and documents relating to the 2019 Merger. “2023 Term Commitment” means, with respect to each Lender, the commitment of such Lender to make 2023 Term Loans hereunder, expressed as an amount representing the maximum aggregate amount of such Lender's Term Loans hereunder, as such commitment may be reduced or increased from time to time pursuant to assignments by or to such Lender pursuant to Section 9.04. The initial amount of each Lender's 2023 Term Commitment is set forth on Schedule 2.01, or in the Assignment and Acceptance pursuant to which such Lender shall have assumed its 2023 Term Commitment, as applicable. As of the Second Amendment Effective Date, the aggregate - 2 - \\DC - 769032/000001 - 15799738 v7

DEFINITIONS Defined Terms. Wherever used in this Agreement (including the Exhibits hereto) and printed with initial or all capital letters, the terms listed below have the meanings indicated, which are applicable to both the singular and plural thereof: 1. Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Documents. 2. Agreement - This “Standard Form of Agreement between OWNER and ENGINEER for Professional Services,” including Exhibits. 3. Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

DEFINITIONS Defined Terms. 1.1 Certain terms used in this Agreement shall have the meanings as otherwise defined throughout this Agreement. Other terms used but not defined in this Agreement will have the meanings ascribed to them in the Act or in the Rules and Regulations of the FCC or the Commission. The Parties acknowledge that other terms appear in this Agreement which are not defined or ascribed as stated above. The meaning of those terms shall be their customary usage in the telecommunications industry as of the Effective Date of this Agreement.