Use of Capitalized Terms Unless otherwise defined therein, all capitalized terms defined in this Agreement shall have the defined meanings when used in this Agreement, the Notes and the other Loan Documents or any certificate, report or other document made or delivered pursuant to this Agreement.
Other Capitalized Terms The following terms shall have the meanings specified in the indicated section of this Agreement: 2011 Audited Financial Statements 5.7(a) Accounting Firm 2.3(d) Action 6.9 Acquisition Proposal 7.8(b) Agreement Preamble Antitrust Law 7.3(b) Audited Financial Statements 5.7(a) Business Recitals Buyer Preamble Buyer Common Stock 2.1(c) Buyer Expenses 9.2(c) Buyer Financial Statements 6.6(a) Buyer Indemnitee 10.2(a) Buyer Objection 11.1(b) Buyer Stockholder Approval 6.3 Buyer Termination Fee 9.2(a) Buyer Triggering Action 7.12(c) Cap 10.3(a) Claims Notice 10.4(b) Closing 3.1 Closing Date 3.1 Closing Date Common Stock Cash Consideration 2.1(c) Commitment Letter 6.11 Common Shares Recitals Company Preamble Company Benefit Plans 5.23(a) Company Representations 10.1 Company Subsidiary 5.3 Competing Business 7.10(b) Confidentiality Agreement 7.2(b) Cut-Off Date 10.1 Deductible Amount 10.3(b) DOJ 7.3(b) EC 7.3(b) Employees 5.24(a) Financial Covenant Conditions 7.15(c) FASB 5.22(c) FDA 5.13(a) FDCA 5.13(f) FIN 48 5.21(d) Final Working Capital 2.3(e) Financial Statements 5.7(a) Financing 6.11 FTC 7.3(b) Holdings 5.2(a) Indemnitee 10.2(b) Indemnitee Parties 10.3(d) Initial Termination Date 9.1(b) Insurance Policies 5.15 Intellectual Property Rights 5.26(b) IP License 5.26(a) Leased Real Property 5.20(b) Leases 5.20(b) Losses 10.2(a) Material Contracts 5.10(a) Medical Device 5.13(f) Notice of Disagreement 2.3(b) OpCo 5.2(a) Owned Property Leases 5.20(a)(ii) Owned Real Property 5.20(a)(i) Partner 5.13(b) Per Common Share Closing Date Cash Consideration 2.1(c) Per Preferred Share Cash Consideration 2.1(c) Per Share Buyer Stock Consideration 2.1(c) Permits 5.12 Post-Closing Covered Tax Returns 11.1(a) Pre-Closing Covered Tax Returns 11.1(a) Preferred Shares Recitals Preferred Stock Consideration 2.1(c) Prior Year Audited Financial Statements 5.7(a) Proceeding 5.13(i) Programs 5.13(i) Property Taxes 11.2 Proxy Statement 7.12(a) Rights Plan 6.14 Seller Indemnitee 10.2(b) Seller Objection 11.1(c) Seller Representations 10.1 Sellers Preamble Sellers’ Expenses 9.2(b) Sellers’ Representative Preamble Shares Recitals Special Meeting 7.12(a) Statement 2.3(a) Stockholders Agreement Recitals Substitute Financing 7.15(b) Tax Claim 11.4 Tax Refund 11.8 Termination Date 9.1(b) Unaudited Financial Statements 5.7(a) WARN 5.24(d) Working Capital Estimate 2.1(b)
Capitalized Terms; Interpretive Provisions (a) Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed thereto or incorporated by reference in the Sale and Servicing Agreement, the Trust Agreement or the Indenture, as the case may be. Whenever used herein, unless the context otherwise requires, the following words and phrases shall have the following meanings:
Definitions of Terms The terms defined in this Section (except as in this Indenture or any indenture supplemental hereto otherwise expressly provided or unless the context otherwise requires) for all purposes of this Indenture and of any indenture supplemental hereto shall have the respective meanings specified in this Section and shall include the plural as well as the singular. All other terms used in this Indenture that are defined in the Trust Indenture Act of 1939, as amended, or that are by reference in such Act defined in the Securities Act of 1933, as amended (except as herein or any indenture supplemental hereto otherwise expressly provided or unless the context otherwise requires), shall have the meanings assigned to such terms in said Trust Indenture Act and in said Securities Act as in force at the date of the execution of this instrument.
Headings and Capitalized Terms Paragraph headings used herein are for convenience of reference only and shall not be considered in construing this Award. Capitalized terms used, but not defined, in this Award shall be given the meaning ascribed to them in the Plan.
Definitions of Words and Terms Capitalized words used in this Agreement which are not otherwise defined herein shall have the meanings set forth in the Annex of Definitions attached hereto.
ARTICLE I DEFINITIONS 1 SECTION 1.01.
Capitalized Terms Generally Capitalized terms used in this Annex A and not otherwise defined herein have the meanings assigned to them in the Agreement.
Recitals; Capitalized Terms The foregoing recitals are hereby incorporated by reference. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them as set forth in the Lease.
Terms and Definitions The terms listed below shall have the respective meaning given them as set forth adjacent to each term.