Incorporation of Certain Terms from the Master Agreement Sample Clauses

Incorporation of Certain Terms from the Master Agreement. The following Sections of the Master Agreement are hereby incorporated in this IC Sales Agreement by reference and made a part hereof: 1 (“Definitions”); 9 (“Payments”); 11 (“Confidentiality”); 12 (“Representations and Warranties”); 13 (“Indemnification”); 14 (“Limitations of Liability”); 15 (“Project Management and Dispute Resolution”); and 17 (“Miscellaneous”). IN WITNESS WHEREOF, the parties have caused this IC Sales Agreement to be executed by its duly authorized representatives and delivered in duplicate originals as of the date first above written. XXXXX CORPORATION By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: CFO ARCSOFT, INC. By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: SVP This Equipment Transfer Agreement (“Equipment Transfer Agreement”), executed on March 31, 2004 and, is made by and between Xxxxx Corporation, a Delaware corporation with its principal place of business at 0000 Xxxxx Xxxx, Sunnyvale, California 94086 (“Xxxxx”), and ArcSoft, Inc., a California corporation with its principal place of business at 00000 Xxxxxxx Xxxx., Xxxxxxx, Xxxxxxxxxx 00000 (“ArcSoft”).
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Incorporation of Certain Terms from the Master Agreement. The following Sections of the Master Agreement are hereby incorporated in this Equipment Transfer Agreement by reference and made a part hereof: 1 (“Definitions”); 9 (“Payments”); 11 (“Confidentiality”); 12 (“Representations and Warranties”); 13 (“Indemnification”); 14 (“Limitations of Liability”); 15 (“Project Management and Dispute Resolution”); and 17 (“Miscellaneous”). IN WITNESS WHEREOF, the parties have caused this Equipment Transfer Agreement to be executed by its duly authorized representatives and delivered in duplicate originals as of the date first above written. XXXXX CORPORATION By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: CFO ARCSOFT, INC. By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: SVP THIS CONVERTIBLE PROMISSORY NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, TRANSFERRED, ASSIGNED OR HYPOTHECATED UNLESS THERE IS AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT COVERING SUCH SECURITIES, THE SALE IS MADE IN ACCORDANCE WITH RULE 144 UNDER THE ACT, OR THE COMPANY RECEIVES AN OPINION OF COUNSEL FOR THE HOLDER REASONABLY SATISFACTORY TO THE COMPANY STATING THAT SUCH SALE, TRANSFER, ASSIGNMENT OR HYPOTHECATION IS EXEMPT FROM THE REGISTRATION AND PROSPECTUS DELIVERY REQUIREMENTS OF SUCH ACT. $2,000,000 April 15, 2004 ArcSoft, Inc., a California corporation (the “Company”), for value received, hereby promises to pay to the order of Xxxxx Corporation (the “Holder”), the principal sum of Two Million Dollars ($2,000,000), with interest as provided below.

Related to Incorporation of Certain Terms from the Master Agreement

  • Definition of Certain Terms 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.

  • Construction of Certain Terms and Phrases Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrases "ordinary course of business" and "ordinary course of business consistent with past practice" refer to the business and practice of Seller in connection with the Business. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP.

  • Construction of certain terms In this Agreement:

  • Definitions of Certain Terms The terms "interested person" and "affiliated person," when used in this Agreement, shall have the respective meanings specified in the 1940 Act and the rules and regulations thereunder, subject to such exemptions as may be granted by the Securities and Exchange Commission.

  • Use of Certain Terms As used in this Agreement, the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular paragraph, subparagraph, section, subsection, or other subdivision. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa.

  • Definition of Certain Terms Used Herein As used herein, the following terms shall have the following meanings:

  • Definitions of Certain Terms Used Herein As used in this Security Agreement, in addition to the terms defined in the Preliminary Statement, the following terms shall have the following meanings:

  • Meaning of Certain Terms Except as otherwise defined herein, all capitalized terms used herein have the same meaning as in the Plan. The following terms have the following meanings:

  • Survival of Certain Terms The provisions of Sections 4.1 (a), ------------------------- 4.2 (a) (i), 4.2(b)(i), 4.3, 5.4, 5.5, 6, 7.1, 7.2, 7.3, 8, 9, and 10 will survive the expiration or termination of this Agreement for any reason. All other rights and obligations of the parties will cease upon expiration or termination of this Agreement.

  • Definitions Certain Terms Section 1.01

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