Table of Definitions The following terms have the meanings set forth in the Sections referenced below: 510(k)s 3.27(c) Acquisition Proposal 5.17(j)(i) Agreement Preamble Alternative Acquisition Agreement 5.17(a)(ii)(E) Alternative Financing 5.21(b) Applicable Date 3.6(d) Assumed Liabilities 2.3 Balance Sheet 3.6(b)
(a) Business Recitals Buyer Preamble Buyer Employees 5.3(a)(ii) Buyer Expenses 8.4(c) Buyer Welfare Plans 5.7(e) CERCLA 3.17(d)(ii) Claim Notice 7.4(a) Closing 2.6 Closing Balance Sheet 2.7 Closing Date 2.6 COBRA 5.7(d) Code 1.1 Competing Business 5.3(a)(i) Confidential Information 5.8(b) Copyrights 1.1 Customer 5.3(a)(iii) Debt Financing 5.21(a) Debt Financing Commitments 4.4 Debt Financing Source 4.4 Determination Notice 5.17(d)(i)(D) DGCL 4.6 Direct Claim 7.4(c) Effect 1.1 Environmental Laws 3.17(d)(i) Equity Financing 5.21(a) Equity Financing Commitment 4.4 Excluded Assets 2.2 Excluded Intellectual Property 2.2(c) Excluded Liabilities 2.4 Existing Stock 5.14(b) Fairness Opinion 3.2(b) FDA 1.1 Financial Statements 3.5(a) Financing 5.21(a) Financing Commitments 4.4 Finished Goods Inventory Amount 2.8(a) Group Health Plan 5.7(d) Hazardous Substances 3.17(d)(ii) Health Care Permits 3.27(c) HIPAA 1.1 HSR Act 3.3(b) Indemnified Party 7.4(a) Indemnifying Party 7.4(a) Independent Accounting Firm 2.8(a) Initial Allocation 2.1 Interim Financial Statements 3.5(a) Intervening Event 5.17(j)(iii) Intervening Event Change of Recommendation 5.17(d)(ii) Licensed Excluded IP 3.13(h) Losses 7.2 Marks 1.1 Notice Period 5.17(d)(i)(D) Outside Date 8.1(b)(i) Patents 1.1 Personal Information 3.26(a) Post-Closing Claims 5.13(a) Pre-Closing Contract Liabilities 2.4(f) Privacy Laws 3.26(a) Proxy Statement 3.29
Captions; Table of Contents The captions or headings in this Agreement and the Table of Contents are for convenience only and in no way define, limit or describe the scope and intent of any provisions of this Agreement.
Headings; Table of Contents The headings of the sections of this Agreement and the table of contents have been inserted for convenience of reference only and shall not be deemed a part of this Agreement.
Headings and Table of Contents The inclusion of headings and a table of contents in this Agreement are for convenience of reference only and will not affect the construction or interpretation hereof.
Table of Contents ARTICLE I
Effect of Headings and Table of Contents The Article and Section headings herein and the Table of Contents are for convenience only and shall not affect the construction hereof.
Table of Contents; Headings The table of contents, cross-reference sheet and headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only, are not intended to be considered a part hereof and shall not modify or restrict any of the terms or provisions hereof.
TABLE OF DEFINED TERMS Term Section
Table of Contents, Headings, etc The table of contents and the titles and headings of the articles and sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part hereof, and shall in no way modify or restrict any of the terms or provisions hereof.
Amendments to Article I Article I of the Existing Credit Agreement is hereby amended in accordance with Subparts 2.1.1 through 2.1.
Section 1.1 of the Existing Credit Agreement is hereby amended by inserting the following definitions in such Section in the appropriate alphabetical sequence:
