Definitions for Purposes. Of This Appendix
Definitions for Purposes. Of This Agreement and Appendix
Definitions for Purposes of Section 9.1 and its subsections, the following capitalized terms shall have the following meanings:
Definitions for Purposes of this Agreement, in addition to other capitalized terms defined in this Agreement, the following terms have the meanings specified or referred to in this ARTICLE 1 when capitalized:
Definitions for Purposes of this Option Agreement. For purposes of this agreement:
Definitions for Purposes. OF SECTION 7. For purposes of Section 7, "Discontinued" items are those which are not on any current price list of Seller, or included in any of Seller's current catalogs or other sales literature or sales offerings or not useable, saleable, or merchantable in the ordinary operation of the Store; and "Damaged" items are those items which, consistent with past practice, are scrap or are non-repairable for sale to third parties in the ordinary operation of the Store.
Definitions for Purposes of Section 4.1.
Definitions for Purposes of this Section 10. Notwithstanding any contrary definitions in these Articles, for purposes of this Section 10, the following definitions shall apply:
Definitions for Purposes of this Agreement, the following terms shall have the following meanings: “Action” means any action, administrative enforcement, appeal, petition, plea, charge, complaint, claim, suit, demand, litigation, arbitration, mediation, hearing, or other proceeding commenced, brought, or heard by or before any Governmental Authority. “Affiliate” means as to any Person, any other Person which, directly or indirectly, is controlled by, controls, or is under common control with, such Person. As used in the preceding sentence, “control” shall mean and include, but not necessarily be limited to, (a) the ownership of 10% or more of the voting securities or other voting interest of such Person, or (b) the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities, by contract or otherwise. “Aggregate Customer Repurchase Obligations” means the aggregate amount of: (a) Customer Repurchase Obligations (as defined in the Canadian Purchase Agreement); and (b) Customer Repurchase Obligations (as defined in the US Purchase Agreement). “Agreement” has the meaning ascribed thereto in the preamble above. “Applicable CRO Holdback Amount” means, for each applicable measurement date, an amount equal to the product of: (a) 25%; and (b) the sum of the then outstanding: (i) Aggregate Customer Repurchase Obligations; (ii) Claimed Net Customer Repurchase Obligations; and (iii) Payable Net Customer Repurchase Obligations. “ASPE” means Accounting Standards for Private Enterprises. “Auditor’s NWC Determination” has the meaning ascribed thereto in Section 5.3(b). “Business” means the business of selling, renting, leasing and servicing new and used specialty vehicles, construction and maintenance equipment and parts such as sewer and street maintenance equipment, hydro excavation, Department of Transportation and Transport Canada compliant and other industrial vacuum equipment, snow and ice control equipment, refuse and recycling equipment, and indoor recreational ice products, as conducted by the Sellers. “Business Day” means any day other than a Saturday or Sunday or other day on which banks in Toronto, Ontario or Chicago, Illinois are authorized or required to be closed. “Canadian General Indemnification Claims” means: (a) with respect to a Seller Party, any claim for indemnification by a Purchaser Indemnitee arising under Section 11.1(a) of the Canadian Purchase Agreemen...
Definitions for Purposes
