Other Definitive Provisions. When used in this Agreement in respect of a Liability or an Action, the terms "arise" or "arising" mean that the circumstances giving rise to the Liability or Action have transpired, whether or not such Action or Liability has been discovered, asserted or accrued. When used in this Agreement, the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise.
Appears in 5 contracts
Samples: Transaction Agreement (Norfolk Southern Corp), Transaction Agreement (CSX Corp), Transaction Agreement (Norfolk Southern Railway Co/Va)