Rules of Construction. Unless the context otherwise requires: (i) a term has the meaning assigned to it; (ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time; (iii) “or” is not exclusive;
Appears in 161 contracts
Samples: Indenture (Harley-Davidson Motorcycle Trust 2024-B), Indenture (Harley-Davidson Motorcycle Trust 2024-B), Indenture (Harley-Davidson Motorcycle Trust 2024-A)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 77 contracts
Samples: Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeGAAP;
(iii) “or” is not exclusive;
Appears in 55 contracts
Samples: Indenture (Sealed Air Corp/De), Indenture (Carnival PLC), Indenture (Sealed Air Corp/De)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeprinciples;
(iiic) “or” is not exclusivereferences to "generally accepted accounting principles" shall mean generally accepted accounting principles in effect as of the time when and for the period as to which such accounting principles are to be applied;
Appears in 48 contracts
Samples: Senior Indenture (Imperial Eagle Shipping LLC), Subordinated Indenture (Imperial Eagle Shipping LLC), Senior Indenture (Eagle Bulk Shipping Inc.)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 47 contracts
Samples: Supplemental Indenture (American Tower Corp /Ma/), Supplemental Indenture (American Tower Corp /Ma/), Supplemental Indenture (American Tower Corp /Ma/)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 44 contracts
Samples: Investment Agreement (Viavi Solutions Inc.), Investment Agreement (Global Payments Inc), Indenture (Zuora Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 32 contracts
Samples: Indenture (Sierra Health Services Inc), Indenture (Aspect Telecommunications Corp), Indenture (Allergan Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 28 contracts
Samples: Indenture (Hyundai Auto Receivables Trust 2015-C), Indenture (Hyundai Auto Receivables Trust 2015-B), Indenture (Hyundai Auto Receivables Trust 2015-A)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeIFRS;
(iii) “or” is not exclusive;
Appears in 27 contracts
Samples: Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.), Indenture (Ardagh Group S.A.)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
(iv) “including” means including without limitation; and
(v) words in the singular include the plural and words in the plural include the singular.
Appears in 26 contracts
Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)
Rules of Construction. (a) Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States of America as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 24 contracts
Samples: Indenture (Ameren Missouri Securitization Funding I, LLC), Indenture (Ameren Missouri Securitization Funding I, LLC), Indenture (RG&E Storm Funding LLC)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 22 contracts
Samples: Indenture (Dun & Bradstreet Corp/Nw), Indenture (Aimco Properties Lp), Indenture (Amerus Group Co/Ia)
Rules of Construction. Unless the context otherwise --------------------- requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 20 contracts
Samples: Indenture (SSB Vehicle Securities Inc), Indenture (Firstplus Investment Corp), Indenture (Merrill Lynch Mortgage Investors Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeGAAP or IFRS, if applicable;
(iiic) “or” is not exclusive;
Appears in 20 contracts
Samples: Indenture (CommScope Holding Company, Inc.), Indenture (Ii-Vi Inc), Indenture (CommScope Holding Company, Inc.)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect in the United States from time to time;
(iii) “or” is not exclusive;
Appears in 18 contracts
Samples: Indenture (Painewebber Mortgage Acceptance Corporation Iv), Indenture (Life Financial Home Loan Owner Trust 1997-3), Indenture Agreement (Hsi Asset Securitization Corp)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeIFRS;
(iiic) “or” is not exclusive;
Appears in 17 contracts
Samples: Indenture (Constellium Se), Indenture, Supplemental Indenture (Stars Group Inc.)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeprinciples;
(iii) “or” is not exclusive;
Appears in 16 contracts
Samples: Indenture (Netbank Inc), Indenture of Trust (Fact of West Florida Inc), Indenture (Gray Communications Systems Inc /Ga/)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles U.S. GAAP as in effect from time to timeon the Issue Date;
(iii3) “or” is not exclusive;
Appears in 16 contracts
Samples: Indenture (Bungeltd), Indenture (Bungeltd), Indenture Agreement (Bunge Limited Finance Corp)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” " is not exclusive;
Appears in 15 contracts
Samples: Indenture (Opteum Mortgage Acceptance CORP), Indenture (Harley Davidson Customer Funding Corp), Indenture (Morgan Stanley Auto Loan Trust 2004-Hb2)
Rules of Construction. (a) Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 14 contracts
Samples: Indenture (CarMax Auto Owner Trust 2015-4), Indenture (CarMax Auto Owner Trust 2015-3), Indenture (CarMax Auto Owner Trust 2015-2)
Rules of Construction. Unless the context text otherwise requires:
(i) a defined term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 14 contracts
Samples: Warrant Agreement (Metricom Inc / De), Warrant Agreement (Electronic Retailing Systems International Inc), Warrant Agreement (Iridium LLC)
Rules of Construction. Unless the text or context otherwise requires:
(i) a defined term has the meaning assigned to itit herein;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 13 contracts
Samples: Warrant Agreement (Diana Shipping Inc.), Warrant Agreement (Diana Shipping Inc.), Warrant Agreement (Triumph Group Inc)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States of America as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 13 contracts
Samples: Indenture (Appalachian Consumer Rate Relief Funding LLC), Indenture (Appalachian Consumer Rate Relief Funding LLC), Indenture (Appalachian Consumer Rate Relief Funding LLC)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeU.S. GAAP;
(iii3) “or” is not exclusive;
Appears in 11 contracts
Samples: Indenture (Coeur Mining, Inc.), Indenture (Coeur Mining, Inc.), Indenture (Bunge N.A. Finance L.P.)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iiic) “or” is not exclusive" includes "and/or";
Appears in 11 contracts
Samples: Indenture (GMACM Home Equity Loan Trust 2006-He3), Indenture (GMACM Home Loan Trust 2006-Hltv1), Indenture (GMACM Home Equity Loan Trust 2007-He1)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeIFRS;
(iii3) “or” is not exclusive;
Appears in 11 contracts
Samples: Indenture (Cemex Sab De Cv), Indenture, Indenture (Atento S.A.)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon the date hereof;
(iii) “or” is not exclusive;
Appears in 11 contracts
Samples: Indenture (Gilead Sciences Inc), Indenture (Continental Homes Holding Corp), Indenture (Alexion Pharmaceuticals Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles GAAP as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 10 contracts
Samples: Indenture (Central European Distribution Corp), Indenture (Central European Distribution Corp), Indenture (Latchey LTD)
Rules of Construction. Unless the context text otherwise requires:
(ia) a defined term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon the date hereof;
(iiic) “or” is not exclusive;
Appears in 9 contracts
Samples: Warrant Agreement, Warrant Agreement, Warrant Agreement (Contura Energy, Inc.)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States of America as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 9 contracts
Samples: Indenture (SCE Recovery Funding LLC), Indenture (SCE Recovery Funding LLC), Indenture (SCE Recovery Funding LLC)
Rules of Construction. Unless the context otherwise requires:
requires (ia) a term used herein has the meaning assigned to it;
, and (iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;principles.
Appears in 9 contracts
Samples: Merger Agreement (German American Bancorp, Inc.), Merger Agreement (German American Bancorp), Merger Agreement (German American Bancorp, Inc.)
Rules of Construction. Unless the context otherwise requires:
(iA) a term has the meaning assigned to it;
(iiB) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 8 contracts
Samples: Indenture (Cit Equipment Collateral 2004-Vt1), Indenture (Cit Ec Ef 2001-A), Indenture (Cit Equipment Collateral 2003-Vt1)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with accounting principles generally accepted accounting principles as in effect from time to timethe United States;
(iiic) “or” is not exclusive;
Appears in 8 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles principals as in effect from time to timeof the date of this Indenture;
(iii) “or” is not exclusive;
Appears in 8 contracts
Samples: Indenture (Sovereign Credit Finance I Inc), Indenture (Tamarack Lenders Corp), Indenture (Tamarack Funding Corp)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;GAAP;
(iii3) “or” is not exclusive;exclusive;
Appears in 8 contracts
Samples: Indenture (Skillz Inc.), Indenture (RLJ Lodging Trust), Indenture (RLJ Lodging Trust)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned given to it;
(ii) an accounting term not otherwise defined has the meaning assigned given to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusiveby its use intended to exclude all other items;
Appears in 7 contracts
Samples: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)
Rules of Construction. Unless the context otherwise ---------------------- requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 7 contracts
Samples: Indenture (Pg&e Funding LLC), Indenture (Pg&e Funding LLC), Indenture (Sdg&e Funding LLC a De Limited Liability Co)
Rules of Construction. Unless the context otherwise requires:
(i1) a defined term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 7 contracts
Samples: Indenture (Mesa Air Group Inc), Guarantee and Exchange Agreement (America West Holdings Corp), Indenture (CBRL Group Inc)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to time;
(iii) “or” " is not exclusive;
Appears in 7 contracts
Samples: Investment Agreement (Nu Skin Enterprises Inc), Indenture (Nu Skin Enterprises Inc), Investment Agreement (Nu Skin Enterprises Inc)
Rules of Construction. Unless the context text otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Samples: Warrant Agreement (Telex Communications Inc), Warrant Agreement (Americredit Corp), Warrant Agreement (Pascal Andrew S)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with accounting principles generally accepted accounting principles in the United States as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Samples: Indenture (Willbros Group Inc), Indenture (Pharmaceutical Resources Inc), Indenture (Concord Communications Inc)
Rules of Construction. Unless the context otherwise requiresIn this Note:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it and will be construed in accordance with U.S. generally accepted accounting principles as in effect from time to timeprinciples;
(iiic) “or” is not exclusive;
Appears in 6 contracts
Samples: Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Samples: Indenture (Laboratory Corp of America Holdings), Indenture (SPX Corp), Indenture Agreement (CNL Hospitality Properties Inc)
Rules of Construction. Unless the context text otherwise requires:requires ---------------------
(i) a term has the meaning assigned to itit herein;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Samples: Warrant Agreement (Golden State Bancorp Inc), Warrant Agreement (Golden State Bancorp Inc), Warrant Agreement (Golden State Bancorp Inc)
Rules of Construction. Unless the context otherwise requiresspecified:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Samples: Indenture (Olympic Financial LTD), Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Samples: Indenture (John Deere Owner Trust 2015-B), Indenture (John Deere Owner Trust 2015), Indenture (John Deere Owner Trust 2014)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(ii) unless otherwise indicated references to any Article, Section, Schedule or Exhibit are references to such Article, Section, Schedule or Exhibit of this Agreement;
(iii) “or” is not exclusive;
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Sast 2006-3), Sale and Servicing Agreement (Saxon Asset Securities Trust 2004-3), Sale and Servicing Agreement (Saxon Asset Securities Trust 2005-3)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” " is not exclusive;
(iv) including" means including without limitation; and
(v) words in the singular include the plural and words in the plural include the singular.
Appears in 6 contracts
Samples: Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp), Indenture (Household Auto Receivables Corp)
Rules of Construction. (a) Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeGAAP;
(iii) “or” is not exclusive;
Appears in 6 contracts
Samples: Indenture (Macy's, Inc.), Indenture (Foresight Energy LP), Indenture (Foresight Energy LP)
Rules of Construction. Unless the context text otherwise requires:
(i) a defined term has the meaning assigned to itit herein;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 6 contracts
Samples: Warrant Agreement (Tidewater Inc), Warrant Agreement (Tidewater Inc), Warrant Agreement (Gulfmark Offshore Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeIFRS;
(iii) “or” is not exclusive;
Appears in 6 contracts
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeInternational Financial Reporting Standards (“IFRS”);
(iii) “or” is not exclusive;
Appears in 5 contracts
Samples: Indenture (Difl Us Ii LLC), Indenture (Transact LTD), Indenture (Digicel Pacific LTD)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned given to it;
(ii) an accounting term not otherwise defined has the meaning assigned given to it in accordance with generally accepted accounting principles as in effect from time to timeprinciples;
(iii) “or” is not exclusive;
Appears in 5 contracts
Samples: Indenture (Horizon Technology Finance Corp), Indenture (Hercules Capital, Inc.), Indenture (Horizon Technology Finance Corp)
Rules of Construction. Unless the context otherwise requires:
, (i) a term has the meaning assigned to it;
; (ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
; (iii) “or” is not exclusive;"
Appears in 5 contracts
Samples: Indenture (Bear Stearns Asset Backed Securities I LLC), Indenture Agreement (Bear Stearns Asset Backed Securities I LLC), Indenture (Bear Stearns Asset Backed Securities I LLC)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeU.S. GAAP;
(iiic) “or” is not exclusive;
Appears in 5 contracts
Samples: Indenture (Gw Pharmaceuticals PLC), Indenture (Stanley Works), Indenture (Stanley Works)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect in the United States from time to time;
(iii) “or” is not exclusive;
Appears in 5 contracts
Samples: Indenture (Aegis Asset Backed Securities Corp), Base Trust Agreement (Synthetic Fixed Income Securities Inc), Trust Agreement (Core Bond Products LLC)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” OR" is not exclusive;
Appears in 5 contracts
Samples: Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley Davidson Customer Funding Corp), Indenture (Harley Davidson Customer Funding Corp)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timetime in The United States of America;
(iii) “or” is not exclusive;
Appears in 5 contracts
Samples: Indenture (Costco Companies Inc), Indenture (Stmicroelectronics Nv), Indenture (Talk Radio Network Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with accounting principles generally accepted accounting principles in the United States as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 5 contracts
Samples: Indenture (Sirius Xm Radio Inc.), Indenture (Xm Satellite Radio Holdings Inc), Indenture (CTS Corp)
Rules of Construction. Unless the context otherwise requires:
(i) a defined term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 5 contracts
Samples: Warrant Agreement (Splitrock Services Inc), Warrant Agreement (Infocrossing Inc), Warrant Agreement (Splitrock Services Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from as of the time as such accounting principles are to timebe applied;
(iii) “or” is not exclusive;
Appears in 5 contracts
Samples: Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc), Indenture (Sizeler Property Investors Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a defined term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 5 contracts
Samples: Indenture (Horace Mann Educators Corp /De/), Indenture (American Financial Group Inc), Indenture (RPM International Inc/De/)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timein the United States;
(iii) “or” is not exclusive;
Appears in 5 contracts
Samples: Indenture (Xl Capital LTD), Indenture (Xl Capital LTD), Indenture (Circus Finance Ii)
Rules of Construction. Unless the context otherwise requires:
(i) a. a term has the meaning assigned to it;
(ii) b. an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeGAAP;
(iii) c. “or” is not exclusive;
Appears in 4 contracts
Samples: Indenture (Tempur Sealy International, Inc.), Indenture (Tempur Sealy International, Inc.), Indenture
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii3) “or” " is not exclusive;
Appears in 4 contracts
Samples: Indenture (Best Buy Co Inc), Indenture (Best Buy Co Inc), Indenture (Titan Corp)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeas of the date any determination hereunder is required;
(iii) “or” is not exclusive;
Appears in 4 contracts
Samples: Indenture (Home Holdings Inc), Indenture (Home Holdings Inc), Indenture (Home Holdings Inc)
Rules of Construction. Unless the context otherwise requiresrequires or except as otherwise expressly provided:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeGAAP;
(iiic) “or” is not exclusive;
Appears in 4 contracts
Samples: Indenture (Yum Brands Inc), Indenture (Yum Brands Inc), Indenture (Yum Brands Inc)
Rules of Construction. Unless the context otherwise requires:: ---------------------
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 4 contracts
Samples: Indenture (Residential Asset Mort Prod Inc Gmacm Home Eq Ln Tr 2004 He1), Indenture (Residential Asset Mortgage Prod Inc Gmacm Mor Ln Tr 2003-Gh1), Indenture (PSNH Funding LLC 2)
Rules of Construction. Unless the context text otherwise requires:
(i) a defined term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon the date hereof;
(iii) “or” is not exclusive;
Appears in 4 contracts
Samples: Warrant Agreement (Citigroup Inc), Warrant Agreement (First Financial Bancorp /Oh/), Warrant Agreement (TCF Financial Corp)
Rules of Construction. Unless the context otherwise requires:: ---------------------
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 4 contracts
Samples: Indenture (J P Morgan Acceptance Corp I), Indenture (Home Equity Loan Trust 2004-Hs3), Indenture (Greenpoint Credit LLC)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned given to it;
(ii) an accounting term not otherwise defined has the meaning assigned given to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 4 contracts
Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a defined term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 4 contracts
Samples: Warrant Agent Agreement (Tri Valley Corp), Warrant Agreement (Hydrogenics Corp), Warrant Agreement (Quality Distribution Inc)
Rules of Construction. Unless the context otherwise requiresrequires otherwise:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it and will be construed in accordance with generally accepted accounting principles as in effect from time to timeU.S. GAAP;
(iii3) “or” is not exclusive;
Appears in 4 contracts
Samples: Indenture (Protalix BioTherapeutics, Inc.), Indenture (Medicine Man Technologies, Inc.), Indenture (Protalix BioTherapeutics, Inc.)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to itit in this Indenture;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeIFRS;
(iiic) “or” is not exclusive;
Appears in 4 contracts
Samples: Indenture (Pearson PLC), Indenture (Pearson PLC), Indenture (Pearson PLC)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 4 contracts
Samples: Medium Term Notes Issuance Agreement, Short Term Notes Indenture, Short Term Notes Indenture
Rules of Construction. Unless the text or context otherwise requires:
(ia) a defined term has the meaning assigned to itit herein;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 4 contracts
Samples: Warrant Agreement (Danimer Scientific, Inc.), Warrant Agreement (Danimer Scientific, Inc.), Warrant Agreement (Cassava Sciences Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States as in effect from time to time;
(iiic) “orOR” is not exclusive;
Appears in 3 contracts
Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.), Trust Indenture and Security Agreement (Korth Direct Mortgage Inc.), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iiic) “or” " is not exclusive;
Appears in 3 contracts
Samples: Indenture (First Investors Financial Services Group Inc), Indenture (Yellow Roadway Corp), Indenture (Osi Pharmaceuticals Inc)
Rules of Construction. Unless the context otherwise --------------------- requires:
: (i) a term has the meaning assigned to it;
; (ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;generally
Appears in 3 contracts
Samples: Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York)
Rules of Construction. Unless the context otherwise ------------------------------------ requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 3 contracts
Samples: Indenture (Lowes Companies Inc), Indenture (Marriott International Inc /Md/), Indenture (Lowes Companies Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to time;
(iiic) “or” is not exclusive;
Appears in 3 contracts
Samples: Indenture (Tivo Inc), Exchange Agreement (James River Coal CO), Indenture (James River Coal CO)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with U.S. generally accepted accounting principles as in effect from time to timetime unless a different time is established in the applicable Series of Securities;
(iii3) “or” is not exclusive;
Appears in 3 contracts
Samples: Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc), Indenture Agreement (Martin Marietta Materials Inc)
Rules of Construction. Unless the context otherwise requires:
: (i) a term has the meaning assigned to it;
; (ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
; (iii) “"or” " is not exclusive;; (iv) "including" means including without limitation; (v) words in the singular include the plural and words in the plural include the singular; and
Appears in 3 contracts
Samples: Indenture (Daimler Benz Vehicle Receivables Corp), Indenture (Mmca Auto Receivables Inc), Indenture (Mmca Auto Receivables Inc)
Rules of Construction. (a) Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeIFRS;
(iii3) “or” is not exclusive;
Appears in 3 contracts
Samples: Indenture (Ardagh Metal Packaging S.A.), Senior Indenture (Ardagh Metal Packaging S.A.), Senior Secured Indenture (Ardagh Metal Packaging S.A.)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(iia) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 3 contracts
Samples: Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon the date of this Indenture;
(iii) “or” is not exclusive;
Appears in 3 contracts
Samples: Indenture (Tci Communications Financing Iv), Indenture (Tci Communications Financing Vi), Indenture (Ohio Edison Financing Trust Ii)
Rules of Construction. Unless the context --------------------- otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 3 contracts
Samples: Indenture (Pmi Group Inc), Indenture (Reebok International LTD), Indenture (Tyco International LTD /Ber/)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon the date of execution of this Indenture;
(iii) “or” is not exclusive;
Appears in 3 contracts
Samples: Indenture (Enstar Inc), Indenture (Enstar Inc), Indenture (Enstar Inc)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with Canadian generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 3 contracts
Samples: Indenture (Fortuna Silver Mines Inc), Indenture (First Majestic Silver Corp), Indenture (Silver Standard Resources Inc)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iiic) “or” is not exclusiveincludes “and/or”;
Appears in 3 contracts
Samples: Indenture (Phoenix Residential Securities, LLC), Indenture (Phoenix Residential Securities, LLC), Indenture (Wachovia Asset Securitization Inc 2002 He2 Trust)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(iiA) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timetime in the United States of America;
(iiiB) “or” is not exclusive;
Appears in 3 contracts
Samples: Indenture (Cit Funding Co, LLC), Indenture (CIT Equipment Collateral 2008-Vt1), Indenture (Cit Equipment Collateral 2006-Vt2)
Rules of Construction. Unless the context otherwise requires:
(i1) a defined term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from time to time;
(iii3) “or” is not exclusive;
Appears in 3 contracts
Samples: Indenture (Apex Silver Mines LTD), Indenture (CBRL Group Inc), Indenture (CBRL Group Inc)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Samples: Indenture (King Pharmaceuticals Inc), Indenture (Scios Inc)
Rules of Construction. Unless the context text otherwise requires:
(i) a defined term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon the date hereof;
(iii) “or” is not exclusive;
Appears in 2 contracts
Samples: Warrant Agreement, Warrant Agreement (Travelcenters Realty Inc)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles in the United States as in effect from time to time;
(iii) “orOR” is not exclusive;
Appears in 2 contracts
Samples: Trust Indenture and Security Agreement (Korth Direct Mortgage LLC), Trust Indenture and Security Agreement (Korth Direct Mortgage LLC)
Rules of Construction. Unless the context text otherwise requires:
(ia) a defined term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from time to timeon the date hereof;
(iiic) “or” is not exclusive;
Appears in 2 contracts
Samples: Warrant Agreement (California Resources Corp), Warrant Agreement (Arch Coal Inc)
Rules of Construction. Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
; (iii) “"or” " is not exclusive;; (iv) "including" means including without limitation; and (v) words in the singular include the plural and words in the plural include the singular.
Appears in 2 contracts
Samples: Indenture (Household Automotive Trust v Series 2000 2), Indenture (Household Automotive Trust Iv Series 2000-1)
Rules of Construction. Unless the context otherwise requires:
(i1) a term has the meaning assigned to it;
(ii2) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to timeon February 9, 1995 and all accounting calculations shall be determined in accordance with such principles;
(iii) “or” is not exclusive;
Appears in 2 contracts
Samples: Indenture (Petroleum Heat & Power Co Inc), Indenture (Petroleum Heat & Power Co Inc)
Rules of Construction. Unless the context text otherwise requires:
(i) a defined term has the meaning assigned to itit herein;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Samples: Warrant Agreement (MRV Communications Inc), Warrant Agreement (Raytheon Co/)
Rules of Construction. Unless the context otherwise requires:
(ia) a term has the meaning assigned to it;
(iib) an accounting term not otherwise defined has the meaning assigned to it in accordance with United States generally accepted accounting principles as in effect from time to time;
(iii) “or” is not exclusive;
Appears in 2 contracts
Samples: Indenture (Neuberger Berman Inc), Indenture (TJX Companies Inc /De/)