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.
Description of Change in Terms A. Modification(s)
Gender; Number Words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.
Terms of Reference The SSEC shall update, not later than January 31, 2023, the terms of reference for the committee. If no such agreement can be reached the SSEC shall make recommendations to the Provincial Labour Management Committee (PLMC). Commencing July 1, 2022, there will be $50,000 of annual funding allocated for the purposes set out above. Commencing July 1, 2024, there will be an additional $1,000,000 of annual funding allocated for the purposes set out above.
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:
Incorporation of Recitals; Defined Terms The parties hereto acknowledge that the Recitals set forth above are true and correct in all material respects. The defined terms in the Recitals set forth above are hereby incorporated into this Agreement by reference. All other capitalized terms used herein without definition shall have the same meanings herein as such terms have in the Credit Agreement.
Filing of Copies, References, Headings, Rules of Construction The original or a copy of this Declaration of Trust shall be kept at the office of the Trust where it may be inspected by any Shareholder. Anyone dealing with the Trust may rely on a certificate by an officer of the Trust as to any matters in connection with the Trust hereunder; and, with the same effect as if it were the original, may rely on a copy certified by an officer of the Trust to be a copy of this Declaration of Trust. In this Declaration of Trust, references to this Declaration of Trust, and all expressions such as “herein”, “hereof” and “hereunder”, shall be deemed to refer to this Declaration of Trust as a whole and not to any particular article or section unless the context requires otherwise. Headings are placed herein for convenience of reference only and shall not be taken as a part hereof or control or affect the meaning, construction or effect of this Declaration of Trust. Whenever the singular number is used herein, the same shall include the plural; and the neuter, masculine and feminine genders shall include each other, as applicable. This Declaration of Trust and any document, consent or instrument referenced in or contemplated by this Declaration of Trust or the By-Laws may be executed in any number of counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. To the extent permitted by the 1940 Act, (i) any document, consent, instrument or notice referenced in or contemplated by this Declaration of Trust or the By-Laws that is to be executed by one or more Trustees may be executed by means of original, facsimile or electronic signature and (ii) any document, consent, instrument or notice referenced in or contemplated by this Declaration of Trust or the By-Laws that is to be delivered by one or more Trustees may be delivered by facsimile or electronic means (including e-mail), unless, in the case of either clause (i) or (ii), otherwise determined by the Trustees. The terms “include,” “includes” and “including” and any comparable terms shall be deemed to mean “including, without limitation.” Any reference to any statute, law, code, rule or regulation shall be deemed to refer to such statute, law, code, rule or regulation as amended or restated from time to time and any successor thereto.
Provisions Solely to Define Relative Rights The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Additional Defined Terms The following terms have the meanings set forth in the Sections set forth below: Acceptance Notice 2.7(b) Administrative Guidance 4.1(b) Affiliated Transferee 4.3(a) Agreement Preamble Approved Tender Offer 4.1(a) ASX 2.5(a)(iv) ASX Rule 2.7(a) Beneficial Ownership 2.1(a) Change of Control 3.3(e) Company Board Recitals Company CDIs 2.7(a) Company Repurchase Event 4.7(a) Coordination Committee 6.2 Designation Right 5.2(a) Eligible Investments 6.1(f) Equity Issuance 2.7(d) Executive Committee 6.2 Exempt Equity Issuance 2.7(d) Existing Investment Agreement Recitals FCA Section 7.2(g) FSC Section 7.2(g) Fundamental Transaction 3.3(b) GAAP Section 7.1(g) Governmental Order 4.1(b) Xxxxxxxxx Preamble Xxxxxxxxx FSC Documents Section 7.2(g) Identified Transferees 4.5(a) Information Rights 5.3 Initial Investment Section 6.1(a) Initial Seed Capital Investment Fees 6.1(g)(ii) Initial Seed Capital Investments 6.1(g)(ii) Insolvent Party 1.1 Invested Assets Section 6.1(a) Investor Preamble Investor Parent 4.3(a) Investor Representative 5.2(a) JCG Preamble JCG SEC Documents Section 7.1(f) Merger Recitals Merger Agreement Recitals Merger Sub Recitals New Securities 2.7(a) NYSE Rule 2.7(a) Option Agreement Recitals Ownership Limit 2.1(a) Parties Preamble Party Preamble Permitted Affiliate Sale 4.3(a) Permitted Non-Public Transfer 4.3(b) Permitted Public Transfer 4.3(c) Permitted Sales Section 4.2 Person 3.1 Preemptive Rights Notice 2.7(b) Preemptive Rights Shares 2.7(a) Pre-Issuance Ownership Percentage 2.7(g) Receiving Party 5.4 Registration Rights 5.5 Regulatory Transfer 4.1(b) Representatives 5.4 Restricted Period 4.1(a) Restricted Period Approved Tender Offer 4.1(a) ROFO Negotiation Period 4.6 ROFO Notice 4.6 ROFO Open Period 4.6 ROFO Shares 4.6 ROFR Exercise Period 4.5(b) XXXX Xxxxxx 0.0(x) XXXX Open Period 4.5(c) ROFR Price 4.5(a) XXXX Xxxxxx 0.0(x) XXXX Terms 4.5(a) SEC 2.5(e) Securities Act 4.3(b) Seed Capital Investments 6.1(c) Senior Executive 4.1(b) Standstill Fall-Away Date 3.3 Standstill Restrictions 3.1(j) Stockholder Approved Issuance 2.7(f) Subsequent Offering 4.1(a) Temporary Redemption Date 6.1(f) Transfer 4.1(a) True-up Equity Issuance 2.7(d)
Counterparts; Severability; Section References This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same Agreement. Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Unless otherwise expressly indicated, all references herein to “Article,” “Section,” “Schedule” or “Exhibit” shall mean articles and sections of, and schedules and exhibits to, this Agreement.