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.
Defined Terms and Rules of Construction Reference is made to the Glossary of Defined Terms and Rules of Construction (as the same may be supplemented, amended or modified, the “Glossary”) attached as Exhibit A to the Indenture. The Glossary is incorporated herein by reference. Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Glossary.
Definitions As used in this Agreement, the following terms shall have the following meanings:
INDEX OF DEFINED TERMS The following terms are defined elsewhere in this Agreement, as shown in the table below: Term Location “Accounting Firm” Section 3.02(b) “Acquired Competing Business” Section 7.11(c) “Acquired Person” Section 7.11(c) “Acquisition” Section 2.02 “Adverse Recommendation Change” Section 7.10(b) “Advertising Contract” Section 4.18(a)(xx) “Agreed Accounting Principles” Schedule 3.02 “Agreement” Preamble “Arbitration Panel” Section 14.10(a) “Cash and Cash Equivalents” Section 3.02(h) “Closing” Section 2.03 “Closing Date” Section 2.03 “Competitor” Section 9.02(a) “Competitor List” Section 9.02(a) “Direct Claim” Section 12.04(b) “Direct Claim Notice” Section 12.04(b) “Estimated Monsoon Closing Date Net Cash” Section 3.02(h) “ICDR” Section 13.10(a) “Indemnified Party” Section 12.04(a) “Indemnifying Party” Section 12.04(a) “Independent Directors” Section 8.02(a) “Indigo” Preamble “Indigo Balance Sheet” Section 4.07(d) “Indigo Closing Date Working Capital” Section 3.02(a) “Indigo Current Assets” Section 3.02(h) “Indigo Current Liabilities” Section 3.02(h) “Indigo Directors” Section 8.02(b) “Indigo Financial Statements” Section 4.07(b) “Indigo Intellectual Property” Section 4.17(a) “Indigo Leased Real Property” Section 4.15 “Indigo Material Contracts” Section 4.18(b) “Indigo Minority Interests” Section 4.02(b) “Indigo Organizational Documents” Section 4.01 “Indigo Parent” Preamble “Indigo Parent Deductible” Section 12.01(b)(i) “Indigo Parent Disclosure Letter” Article IV “Indigo Parent Indemnitees” Section 12.02(a) “Indigo Permitted Indebtedness” Section 6.02(j) “Indigo Permitted Liens” Section 4.15 “Indigo Real Property Lease” Section 4.15 “Indigo Securities” Section 4.03(a) “Indigo Shares” Preamble “Indigo Working Capital” Section 3.02(h) Term Location “Interim Indigo Financial Statements” Section 4.07(b) “Labor Union” Section 4.11(h) “Liabilities” Section 4.07(d) “Losses” Section 12.01(a) “Monsoon” Preamble “Monsoon Balance Sheet” Section 5.06(f) “Monsoon Cash” Section 3.02(h)
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 and Rules of Construction 1.1 Unless otherwise defined herein, the following capitalized terms shall have the following meanings:
1Definitions In addition to the terms defined elsewhere in this Agreement, for all purposes of this Agreement, the following terms have the meanings set forth in this Section 1.1: