Amended and Restated Bylaws means the Amended and Restated Bylaws of the Fund in effect at the time the Registration Statement relating to the Preferred Shares is declared effective by the Securities and Exchange Commission, specifying the powers, preferences and rights of the Preferred Shares.
Amended and Restated Credit Agreement has the meaning specified in the recitals to this Agreement.
Second Amended and Restated Credit Agreement shall have the meaning assigned to such term in the recitals of this Agreement.
Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.
Amended and Restated Registration Rights Agreement has the meaning set forth in the Recitals.
Amendment and Restatement Effective Date means June 28, 2018, the date the amendments and restatements to the Plan of May 7, 2018 are subject to approval by the Company’s stockholders at the Company’s 2018 Annual Meeting.
the First Variation Agreement means the agreement a copy of which is set out in Schedule 2.
the first supplementary agreement means the agreement of which a copy is set out in the Second Schedule;
Restatement Agreement has the meaning set forth in the introductory statement of this Agreement.
the Second Supplementary Agreement means the Second Supplementary Agreement, a copy of which is set out in Schedule 3;
Second Restatement Effective Date has the meaning specified in the Second Amendment Agreement.
Option Plan has the meaning ascribed to it in section "4.7" hereinbelow;
Fifth Amendment Effective Date shall have the meaning provided in the Fifth Amendment.
Amendment No. 1 Effective Date has the meaning specified in Amendment No. 1.
Amendment to Allege Use or similar filing with respect thereto, by the United States Patent and Trademark Office, only to the extent, if any, that, and solely during the period if any, in which, the grant of a security interest therein may impair the validity or enforceability of such intent-to-use (or similar) Trademark application under applicable federal Law,
First Amendment Effective Date has the meaning assigned to such term in the First Amendment.
Second Amendment Agreement means that certain Second Amendment Agreement dated as of October 4, 2011, among Xxxxx 0, xxx Xxxxxxxx, Xxxxxxx Xxxxx Capital Corporation, as administrative agent and collateral agent, and the Tranche B II Term Lenders party thereto, providing for, among other things, the amendment and restatement of the 2009 Credit Agreement.
Eighth Amendment Effective Date shall have the meaning provided in the Eighth Amendment.
The Amended Exhibit A has also been updated: 1) to reflect the name changes for ING Pioneer Fund Portfolio to ING Multi-Manager Large Cap Core Portfolio, ING International Growth Fund to ING Multi-Manager International Equity Fund, ING Index Plus MidCap Fund to ING SXXX Cap Equity Fund, ING Dxxxx New York Venture Portfolio to ING Columbia Contrarian Core Portfolio, ING Invesco Vxx Xxxxxx Cxxxxxxx Portfolio to ING Invesco Cxxxxxxx Portfolio, ING Invesco Vxx Xxxxxx Equity and Income Portfolio to ING Invesco Equity and Income Portfolio, ING Solution Growth Portfolio to ING Solution Balanced Portfolio, ING Solution Aggressive Growth Portfolio to ING Solution Moderately Aggressive Portfolio, ING Solution Moderate Portfolio to ING Solution Moderately Conservative Portfolio, and ING WisdomTreeSM Global High-Yielding Equity Index Portfolio to ING Global Value Advantage Portfolio; and 2) to reflect the removal of ING Value Choice Fund, ING International Value Choice Fund, ING Growth and Index Core Portfolio, ING DFA Global Allocation Portfolio, ING Gxxxxxx Sxxxx Commodity Strategy Portfolio, ING Oxxxxxxxxxx Active Allocation Portfolio, and ING GET U.S. Core Portfolios – Series 12 and Series 13, because these series recently liquidated, merged away, or matured.
Ninth Amendment Effective Date has the meaning set forth in Section 4 of the Ninth Amendment.
Seventh Amendment Effective Date shall have the meaning provided in the Seventh Amendment.
Amended and Restated Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of the Company, as in effect as of the Effective Date.
Second Amendment Effective Date has the meaning assigned to such term in the Second Amendment.
Amendment Agreement shall have the meaning assigned to such term in the recitals hereto.
Second Restatement Date means October 20, 2011.
Modification Agreement means a written order to the Contractor, signed by the City, authorizing an addition, deletion, or revision of the Services or an adjustment in the Contract Price issued after execution of the Agreement.