Terms Defined As used in this Agreement, the following terms have the respective meaning set forth below:
Terms Defined Elsewhere As used in this Agreement, the following capitalized terms are defined in this Agreement as referenced in the following table: Definition Section Agreement Preamble Amendment to the Company Management Agreement Recitals Articles of Merger 2.2(b) Book-Entry Shares 3.3(b)(i) Cancelled Shares 3.1(b)(v) Certificate of Merger 2.2(b) Certificates 3.3(b)(i) Closing 2.2(a) Closing Date 2.2(a) Code Recitals Company Preamble 2 Definition Section Company Additional Dividend Amount 6.19(a) Company Affiliate 9.10(a) Company Board Recitals Company Board Recommendation Recitals Company Change of Recommendation 6.3(b) Company Common Stock 3.1(b)(i) Company Contracts 3.2(b) Company DER Consideration 3.2(b) Company Director Designee 2.6 Company Disclosure Letter Article IV Company Dividend Equivalent Right 3.2(b) Company Material Adverse Effect 4.1(a) Company Permits 4.9 Company Plans 4.10(a) Company SEC Documents 4.5(a) Company Series A Preferred Stock 3.1(b)(iii) Company Series B Preferred Stock 3.1(b)(iii) Company Series C Preferred Stock 3.1(b)(iii) Company Special Committee Recitals Company Stockholders Recitals Company Stockholders Meeting 4.4 Confidentiality Agreement 6.7(b) Creditors’ Rights 4.3(a) Delaware LLC Act 2.1 Delaware Secretary of State 2.2(b) e-mail 9.3 Effective Time 2.2(b) End Date 8.1(b)(ii) Exchange Agent 3.3(a) Exchange Fund 3.3(a) Forfeited Phantom Shares 3.2(a) GAAP 4.5(b) Indemnified Liabilities 6.10(a) Indemnified Persons 6.10(a) Joint Proxy Statement 4.4 Letter of Transmittal 3.3(b)(i) Leverage Covenants 6.1(a)(xiv) Maryland Courts 9.7(b) Maryland Department 2.2(b) Material Company Insurance Policies 4.17 Material Parent Insurance Policies 5.17 Merger Recitals Merger Filings 2.2(b) Merger Sub Preamble Merger Sub Sole Member Recitals Definition Section MGCL 2.1 Operating Partnership 2.1 Parent Preamble Parent Additional Dividend Amount 6.19(b) Parent Affiliate 9.10(b) Parent Board Recitals Parent Board Recommendation 5.3(a) Parent Change of Recommendation 6.4(b) Parent Common Stock Issuance Recitals Parent Contracts 5.16(b) Parent Disclosure Letter Article V Parent Equity Plan 5.2(a) Parent Management Agreement Amendment Recitals Parent Manager Recitals Parent Material Adverse Effect 5.1(a) Parent Permits 5.9 Parent Plans 5.10(a) Parent SEC Documents 5.5(a) Parent Stock Issuance Recitals Parent Stockholders Recitals .pdf 9.5 Per Share Common Merger Consideration 3.1(b)(i) Per Share Preferred Merger Consideration 3.1(b)(iii) Per Share Preferred Series B Merger Consideration 3.1(b)(iii) Per Share Preferred Series C Merger Consideration 3.1(b)(iii) Per Share Preferred Series D Merger Consideration 3.1(b)(iii) Per Share Stock Consideration 3.1(b)(i) Phantom Share Consideration 3.2(a) Qualified REIT Subsidiary 4.1(b) Qualifying Income 8.3(i)(i) Registration Statement 4.8 REITs Recitals Remedial Measures 6.1(b)(xiv) Surviving Company 2.1 Taxable REIT Subsidiary 4.1(b) Terminable Breach 8.1(b)(iii) Transaction Litigation 6.15 Transactions Recitals Vesting Phantom Shares 3.2(a)
Terms Defined Above As used in this Agreement, each term defined above has the meaning indicated above.
Specific Definitions The following terms used in this Agreement shall have the following meanings:
Specific Terms Whenever used in this Agreement, the following words and phrases, unless the context otherwise requires, shall have the following meanings:
01 (Defined Terms) (i) Section 1.01 of the Credit Agreement is hereby amended by adding in the appropriate alphabetical order the following new definitions:
UCC Definitions Unless otherwise defined herein or the context otherwise requires, terms for which meanings are provided in the UCC are used in this Security Agreement, including its preamble and recitals, with such meanings.
Defined Terms; References Unless otherwise specifically defined herein, each term used herein which is defined in the Credit Agreement has the meaning assigned to such term in the Credit Agreement. Each reference to "hereof", "hereunder", "herein" and "hereby" and each other similar reference and each reference to "this Agreement" and each other similar reference contained in the Credit Agreement shall, after this Amendment becomes effective, refer to the Credit Agreement as amended hereby.
UCC Terms Terms defined in the UCC in effect on the Closing Date and not otherwise defined herein shall, unless the context otherwise indicates, have the meanings provided by those definitions. Subject to the foregoing, the term “UCC” refers, as of any date of determination, to the UCC then in effect.
Certain Terms Defined The following terms (except as otherwise expressly provided herein or in any indenture supplemental hereto, or unless the context otherwise clearly requires) for all purposes of this Indenture and of any indenture supplemental hereto shall have the respective meanings specified in this Section. All other terms used in this Indenture that are defined in the Trust Indenture Act of 1939 or the definitions of which in the Securities Act of 1933 are referred to in the Trust Indenture Act of 1939, including terms defined therein by reference to the Securities Act of 1933 (except as herein otherwise expressly provided or unless the context otherwise clearly 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 this Indenture. All accounting terms used herein and not expressly defined shall have the meanings assigned to such terms in accordance with generally accepted accounting principles, and the term “generally accepted accounting principles” means such accounting principles as are generally accepted at the time of any computation. The words “herein”, “hereof” and “hereunder” and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or other subdivision. The terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular.
