Terms of General Application. For all purposes of this Agreement and the other Loan Documents, except as otherwise expressly provided herein or therein or unless the context otherwise requires:
(a) references to any Person defined in this Agreement refer to such Person and its successor in title and permitted assigns or, for natural persons, such Person's successors, heirs, executors, administrators and other legal representatives;
(b) references to any agreement, instrument or document defined in this Agreement refer to such document as originally executed, or if subsequently varied, extended, renewed, modified, amended, restated or supplemented from time to time, as so varied, extended, renewed, modified, amended, restated or supplemented and in effect at the relevant time of reference thereto;
(c) words importing the singular only shall include the plural and vice versa, and the words importing the masculine gender shall include the feminine gender and vice versa, and all references to dollars, $, U.S. Dollars or United States Dollars, shall be to Dollars;
(d) accounting terms not otherwise defined in this Agreement or any of the other Loan Documents have the meanings assigned to them in accordance with GAAP, on a basis consistent with the financial statements referred to in Section 4.7 of this Agreement;
(e) all financial statements and other financial information provided by the Borrower and each other member of the Borrower Affiliated Group to the Administrative Agent or any Bank shall be provided with reference to Dollars;
(f) this Agreement and the other Loan Documents are the result of negotiation among, and have been reviewed by counsel to, among others, the Borrower Affiliated Group and the Administrative Agent and are the product of discussions and negotiations among all parties. Accordingly, this Agreement and the other Loan Documents are not intended to be construed against the Administrative Agent or any of the Banks merely on account of the Administrative Agent's or any Bank's involvement in the preparation of such documents; and
(g) all references to a time of day shall mean the time then prevailing in New York, New York, unless otherwise indicated.
Terms of General Application. SECTION II - DESCRIPTION OF CREDIT
Terms of General Application. In addition to the terms of general application provided for in Attachment B, the following terms shall apply:
a. Deductibles, if any, which are applicable to the insurance specified hereunder, shall be borne by the User or SOA Operator, as the case maybe.
b. From time to time, if required by the Authority, it may be required to obtain additional insurance and/or increased coverage minimums.
c. The limits of insurance specified in no way define or limit the obligation to indemnify the Operator or the Authority in the event of a loss. Any additional insurances or coverages maintained by the SOA Operator or other User shall also be for the benefit of the Operator and the Authority even if not stated herein.
d. In the event the Operator carries insurance in respect of any property owned by the Operator, either real or personal, permitted to be used by the SOA Operator, the SOA Operator acknowledges and agrees that the SOA Operator shall not have the benefit of any such insurance and explicitly waives the right to any such benefit.
e. The SOA Operator shall deliver to the Operator certificates of insurance evidencing the insurance policies required under this Tariff, within 15 days of the Effective Date or prior to the SOA Operator’s initial use of the Berth Corridor and each January 1st thereafter during the period the SOA Operator intends to continue to use the Berth Corridor. Failure to provide such certificates in no way impacts, releases or diminishes the obligations of the SOA Operator under this Tariff. END OF SECTION
Terms of General Application. The GL, Auto and TOLL insurances specified above, shall name the Authority and the Operator and as Additional Insured, namely: Xxxxxx, 000 Xxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxx Xxxxxxxx, X0X 0X0; and includes the officers, directors, employees, servants and agents of the Vancouver Fraser Port Authority.
Terms of General Application. For all purposes of this ---------------------------- Agreement and the other Loan Documents, except as otherwise expressly provided herein or therein or unless the context otherwise requires:
(i) references to any Person defined in this Agreement refer to such Person and its successor in title and assigns or (as the case may be) his or her successors, assigns, heirs, executors, administrators and other legal representatives;
(ii) references to any agreement, instrument or document defined in this Agreement refer to such document as originally executed, or if subsequently varied, extended, renewed, modified, amended, restated or supplemented from time to time, as so varied, extended, renewed, modified, amended, restated or supplemented and in effect at the relevant time of reference thereto;
(iii) words importing the singular only shall include the plural and vice versa, and the words importing the masculine gender shall include the ---- ----- feminine gender and vice versa, and all references to dollars, $, U.S. Dollars ---- ----- or United States Dollars, shall be to Dollars;
(iv) accounting terms not otherwise defined in this Agreement or any of the other Loan Documents have the meanings assigned to them in accordance with GAAP;
(v) all financial statements and other financial information provided by the Borrower and each other member of the Borrower Affiliated Group, to the Administrative Agent or any Bank shall be provided with reference to Dollars;
(vi) all of the obligations of the Credit Parties under this Agreement and each other Security Document shall be the joint and several obligations of the Borrower and such other members of the Borrower Affiliated Group;
(vii) this Agreement and the other Loan Documents are the result of negotiation among, and have been reviewed by counsel to, among others, the Borrower Affiliated Group, Parthenon and the Administrative Agent and are the product of discussions and negotiations among all parties. Accordingly, this Agreement and the other Loan Documents are not intended to be construed against the Administrative Agent or any of the Banks merely on account of the Administrative Agent's or any Bank's involvement in the preparation of such documents; and
(viii) for purposes of all calculations made under the financial covenants set forth in Sections 6.7, 6.8, 6.9, 6.10 (including but not limited to, the calculation of compliance with such covenants on a pro forma basis) and --- ----- the determination of the App...
Terms of General Application. The Respondent admits to all jurisdictional facts and agrees that this Agreement and Order shall have the same force and effect as a final decision and order entered into after a full hearing and shall become final when adopted by the Commission.
Terms of General Application. For all purposes of this Agreement and the other Security Documents, except as otherwise expressly provided herein or therein or unless the context otherwise requires:
(i) references to any person defined in this Agreement refer to such person and its successor in title and assigns or (as the case may be) his successors, assigns, heirs, executors, administrators and other legal representatives;
(ii) references to any agreement, instrument or document defined in this Agreement refer to such document as originally executed, or if subsequently varied, extended, renewed, modified, amended, restated or supplemented from time to time, as so varied, extended, renewed, modified, amended, restated or supplemented and in effect at the relevant time of reference thereto;
(iii) words importing the singular only shall include the plural and VICE VERSA, and the words importing the masculine gender shall include the feminine gender and VICE VERSA, and all references to dollars, $, U.S. Dollars or United States Dollars, shall be to Dollars;
(iv) accounting terms not otherwise defined in this Agreement or any of the other Security Documents have the meanings assigned to them in accordance with GAAP or Canadian GAAP, as the case may be, on a basis consistent with the financial statements referred to in Section 4.7 of this Agreement;
(v) as used herein, unless otherwise specifically stated to the contrary, references to GAAP shall be applicable to Unicco, USC, U-Finance and the USC Subsidiaries, and references to Canadian GAAP shall be applicable to U-Canada; and
(vi) all financial statements and other financial information provided by the Borrower or any other member of the Borrower Affiliated Group to the Agent or any Bank shall be provided with reference to Dollars.
Terms of General Application. The GL and Property insurance specified herein shall name the Operator as Additional Insured and shall contain a cross liability endorsement and provision providing that any act or breach of a condition of any policy on the part of any of the insureds shall not prevent recovery by another insured, including a claim by one insured as against another insured;
Terms of General Application. 21 SECTION 2. Authorization, Purchase and Sale of Notes and Warrants.................................. 22 SECTION 3. Closing................................................................................. 23 SECTION 4. Financial Information; Inspection....................................................... 24 4.1. Financial Data and Other Reporting Requirements......................................... 24 4.2. Inspection.............................................................................. 26 4.3. Taxes................................................................................... 27
Terms of General Application
