Reference to the Applicable Offering Terms Sample Clauses

Reference to the Applicable Offering Terms. Tier Two Reseller will inform the End User in writing that Tier Two Reseller is authorized to resell to the End User subject to the terms of the Universal Terms and the applicable Addenda available at: xxxxx://xxx.xxx.xxx/en/legal/software- services-index.html#277ca765-86a5-492a-aac2-29adca47eb5b The Tier Two Reseller will specify the applicable Addenda for each End User Transaction as provided in the applicable Order Form. The Tier Two Reseller acknowledges and will ensure the End User acknowledge that such reference to the applicable offering terms does not imply to give any right or authorization to the Tier Two Reseller or End User to raise a claim directly against SAS or limit any of the Disclaimers provided below. The Tier Two Reseller will also provide the applicable list of the Offerings, Pricing Metrics, all other relevant commercial terms of the Order Form. The Tier Two Reseller will notify the End User in a binding manner that the use of SAS Offerings by the End User is subject to these applicable offering terms and the terms below.
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Reference to the Applicable Offering Terms. The Tier Two Reseller will inform End User in writing that : Reseller is granted by the Distributor of SAS Offerings the right to resell SAS Offerings to the Tier Two Reseller per the terms of the Universal Terms and the applicable Addenda available at: The Tier Two Reseller will specify the applicable Addenda for each End User Transaction as provided by the Distributor per the applicable Order Form. The Tier Two Reseller will ensure that such reference to the applicable offering terms does not imply to give any right or authorization to the Tier Two Reseller or End User to raise a claim directly against SAS or limit any of the Disclaimers provided below. The only party to the End User Agreements is the Distributor and Tier Two Reseller. The Tier Two Reseller will also provide the applicable list of the Offerings, Pricing Metrics, all other relevant commercial terms of the Order Form. The Tier Two Reseller will notify the End User in a binding manner that the use of SAS Offerings by the End User is subject to these applicable offering terms and the below terms.
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Related to Reference to the Applicable Offering Terms

  • Pricing Term Sheet The Company shall prepare a pricing term sheet reflecting the final terms of the Securities, in substantially the form attached hereto as Schedule III and otherwise in form and substance satisfactory to the Representative (the “Pricing Term Sheet”), and to file such Pricing Term Sheet as an “Issuer Free Writing Prospectus” pursuant to Rule 433 under the Securities Act prior to the close of business on the business day following the date hereof; provided that the Company shall furnish the Representative with copies of any such Pricing Term Sheet a reasonable amount of time prior to such proposed filing and will not use or file any such document to which the Representative or counsel to the Underwriters shall object.

  • COMMON TERMS AND DEFINITIONS The parties agree to the following terms and definitions, and to those terms and definitions 12 which, for convenience, are set forth elsewhere in the Agreement.

  • Terms Defined in the Original Agreement Unless the context otherwise requires or unless otherwise expressly defined herein, the terms defined in the Original Agreement shall have the same meanings whenever used in this Amendment.

  • Certain Additional Defined Terms In addition to such terms as are defined in Section 8.1, the following terms are used in this Agreement as defined in the Sections set forth opposite such terms:

  • Other Adjustments Pursuant to the Equity Definitions Notwithstanding anything to the contrary in this Confirmation, solely for the purpose of adjusting the Cap Price, the terms “Potential Adjustment Event,” “Merger Event,” and “Tender Offer” shall each have the meanings assigned to such term in the Equity Definitions (as amended by Section 10(i)(i)), and upon the occurrence of a Merger Date, the occurrence of a Tender Offer Date, or declaration by Counterparty of the terms of any Potential Adjustment Event, respectively, as such terms are defined in the Equity Definitions, the Calculation Agent shall determine in a commercially reasonable manner whether such occurrence or declaration, as applicable, has had a material economic effect on the Transactions and, if so, may, in its commercially reasonable discretion, adjust the Cap Price to preserve the fair value of the Options to Dealer; provided that in no event shall the Cap Price be less than the Strike Price; provided further that any adjustment to the Cap Price made pursuant to this Section 10(x) shall be made without duplication of any other adjustment hereunder (including, for the avoidance of doubt, adjustment made pursuant to the provisions opposite the captions “Method of Adjustment,” “Consequences of Merger Events / Tender Offers” and “Consequence of Announcement Events” in Section 3 above).

  • Other Definitional Provisions and Rules of Construction A. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference.

  • Accounting Terms; Utilization of GAAP for Purposes of Calculations Under Agreement Except as otherwise expressly provided in this Agreement, all accounting terms not otherwise defined herein shall have the meanings assigned to them in conformity with GAAP. Financial statements and other information required to be delivered by Company to Lenders pursuant to clauses (ii), (iii) and (xii) of subsection 6.1 shall be prepared in accordance with GAAP as in effect at the time of such preparation (and delivered together with the reconciliation statements provided for in subsection 6.1(v)). Calculations in connection with the definitions, covenants and other provisions of this Agreement shall utilize GAAP as in effect on the date of determination, applied in a manner consistent with that used in preparing the financial statements referred to in subsection 5.3. 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 Company, Administrative Agent or Requisite Lenders shall so request, Administrative Agent, Lenders and Company 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 Requisite Lenders), provided that, until so amended, such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and Company shall provide to Administrative Agent and Lenders reconciliation statements provided for in subsection 6.1(v).

  • Definitions and Exhibits The following terms when used in this Agreement shall be defined as follows:

  • 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 and Rules of Construction 1.1 Unless otherwise defined herein, the following capitalized terms shall have the following meanings:

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