General Terms For purposes of this Agreement the following terms shall have the following meanings:
General; References to Times Unless otherwise indicated, all accounting terms, ratios and measurements shall be interpreted or determined in accordance with GAAP; provided that, if at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Borrower or the Requisite Lenders shall so request, the Agent, the Lenders and the Borrower shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to the approval of the Requisite Lenders); provided further that, until so amended, (i) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (ii) the Borrower shall provide to the Agent and the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP. References in this Agreement to “Sections”, “Articles”, “Exhibits” and “Schedules” are to sections, articles, exhibits and schedules herein and hereto unless otherwise indicated. References in this Agreement to any document, instrument or agreement (a) shall include all exhibits, schedules and other attachments thereto, (b) shall include all documents, instruments or agreements issued or executed in replacement thereof, to the extent permitted hereby and (c) shall mean such document, instrument or agreement, or replacement or predecessor thereto, as amended, supplemented, restated or otherwise modified as of the date of this Agreement and from time to time thereafter to the extent not prohibited hereby and in effect at any given time. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and plural, and pronouns stated in the masculine, feminine or neuter gender shall include the masculine, the feminine and the neuter. Unless explicitly set forth to the contrary, a reference to “
Plural Terms All terms defined in this Agreement or any other Credit Document in the singular form shall have comparable meanings when used in the plural form and vice versa.
Original Terms Unmodified The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded, if necessary to protect the interests of the Purchaser, and which has been delivered to the Custodian or to such other Person as the Purchaser shall designate in writing, and the terms of which are reflected in the related Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Mortgage Loan File delivered to the Custodian or to such other Person as the Purchaser shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;
Use of Defined Terms Unless otherwise defined or the context otherwise requires, terms for which meanings are provided in this Agreement shall have such meanings when used in the Disclosure Schedule and in each other Loan Document, notice and other communication delivered from time to time in connection with this Agreement or any other Loan Document.
Revised Definitions For purposes of this Agreement, and notwithstanding anything in Paragraph 2 of the SIFMA Master to the contrary, the following terms shall have the following amended and restated meanings:
Glossary of Terms Affected System - An electric system other than the transmission system owned, controlled or operated by the Connecting Transmission Owner that may be affected by the proposed interconnection. Affected System Operator - Affected System Operator shall mean the operator of any Affected System. Affected Transmission Owner -The New York public utility or authority (or its designated agent) other than the Connecting Transmission Owner that: (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, and (ii) owns, leases or otherwise possesses an interest in a portion of the New York State Transmission System where System Deliverability Upgrades or System Upgrade Facilities are installed pursuant to Attachment Z and Attachment S to the ISO OATT. Applicable Laws and Regulations - All duly promulgated applicable federal, state and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, permits and other duly authorized actions of any Governmental Authority, including but not limited to Environmental Law. Applicable Reliability Standards - The criteria, requirements and guidelines of the North American Electric Reliability Council, the Northeast Power Coordinating Council, the New York State Reliability Council and related and successor organizations, or the Transmission District to which the Interconnection Customer’s Small Generating Facility is directly interconnected, as those criteria, requirements and guidelines are amended and modified and in effect from time to time; provided that no Party shall waive its right to challenge the applicability of or validity of any criterion, requirement or guideline as applied to it in the context of Attachment Z to the ISO OATT and this Agreement. For the purposes of this Agreement, this definition of Applicable Reliability Standards shall supersede the definition of Applicable Reliability Standards set out in Attachment X to the ISO OATT.
Shipping Terms All deliveries will be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor.
Glossary of Defined Terms Defined Term Section Acquisition Proposal Section 4.2(a) Acquisition Transaction Section 4.2(a) Action Section 2.12 Advertising Related Agreements Section 2.34 Aggregate Series C Escrow Consideration Section 1.6(c) Agreement Preamble Ancillary Credit Agreements Section 5.2(l) Benefit Plan(s) Section 2.16(a) Bridge Loan Recitals Business Combination Section 8.1 Business Day Section 1.2(a) Cap Section 7.2(d) CERCLA Section 2.21(a)(i) Certificates Section 1.7(b) Certificate of Merger Section 1.2(b) Claims Section 8.1 Closing Section 1.2(a) Closing Amounts Certificate Section 1.8(b) Closing Date Section 1.2(a) Closing Filing Section 4.3(g)(ii) Closing Press Release Section 4.3(g)(ii) Closing Spreadsheet Section 1.8(b) Code Section 2.16(a) Confidential Information Section 2.15(h) Confidentiality Agreement Section 4.5 Consent Section 2.5 Consolidated EBITDA Section 5.2(p) Copyrights Section 2.15(a)(iii) COTS Software Section 2.14(a)(xii) Credit Agreement Section 1.8(a) Damages Section 7.2(b)(i) Delaware Secretary of State Section 1.2(b) DGCL Section 1.1 Dissenting Shares Section 1.6(k) Dissenting Stockholders Section 1.6(k) DOL Section 2.16(d) Effective Time Section 1.1 Encumbrances Section 2.6 Enforceability Exceptions Section 2.4 Environmental Laws Section 2.21(a)(i) Equity Financing Section 3.14 Equity Financing Commitment Section 3.14 ERISA Section 2.16(a) ERISA Affiliate Section 2.16(a) Escrow Agent Section 1.9 Escrow Agreement Section 1.9 Defined Term Section Escrow Cash Fund Section 7.8(c) Escrow Consideration Section 1.6(c) Escrow Fund Section 1.9 Exchange Act Section 2.7(a) Exchange Agent Section 1.7 Exchange Fund Section 1.7(a) Expiration Time Section 4.3(a) Fenwick Section 9.10
Use of Words and Phrases Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to the Pooling and Servicing Agreement as a whole. All references herein to Articles, Sections or Subsections shall mean the corresponding Articles, Sections and Subsections in the Pooling and Servicing Agreement. The definitions set forth herein include both the singular and the plural.