As used herein the term. Refinancing" shall mean the Company's refinancing of its Senior Credit Agreement dated as of June 12, 2000 on terms and conditions not materially less favorable to the Company than the terms of that certain bank commitment letter attached as Exhibit A hereto and without the waiver by the Agents (as such term is defined in the Commitment Letter) of any material condition contained therein (the "Commitment Letter").
As used herein the term. Borrowing Base" shall mean an amount equal to the lesser of (i) the sum of (a) sixty-five percent (65%) of the uncollected amount of Eligible Accounts (as hereinafter defined) at book value held by and due and owing to Company as shown by the books and records thereof plus (b) thirty-five percent (35%) of the amount of Eligible Inventories of the Company, the respective amounts of which Eligible Accounts and Eligible Inventories will be determined as of a date not more than ten (10) days prior to the date on which the amount of the Borrowing Base is determined, or (ii) the lesser of $6,000,000 or the maximum principal amount of Revolving Credit Loans to which Usborne, as herein defined, has subordinated pursuant to the Subordination Agreement referenced herein.
As used herein the term. Confidential Information’ means all information relating to the Group and any of the Group’s customers, operations, products, sales, finances, trade secrets, and business, including without limitation any information encompassed in any reports, investigations, customer and recipient lists (whether or not written) and customer and recipient information, business plans and business relationships, information on suppliers, vendors and fulfilling florists, experiments, research or developmental work, experimental work, work in progress, drawings, designs, plans, proposals, codes, marketing and sales programs, financial projections, financial data including sales and pricing information and all other financial data, cost summaries, pricing formula and trademarks, service marks, and all concepts or idea materials or information, owned possessed or controlled or related to the business of the Group, regardless of whether same may be possessed or developed by EMPLOYEE in the course of his employment or otherwise. Confidential Information also includes, without limitation, all information EMPLOYEE receives from third parties in the course of EMPLOYEE’S employment which is provided to EMPLOYEE in connection with EMPLOYEE’S duties for the Company and the Group. EMPLOYEE acknowledges and agrees that any and all Confidential Information of the Group learned by EMPLOYEE during the course of employment by Company or otherwise, whether developed by EMPLOYEE alone or in conjunction with others or otherwise, shall be and is the sole property of Company.” (Tonti Dep., Ex 71, § 1.1.)
Examples of As used herein the term in a sentence
As used herein, the term " Underwriter" includes any person substituted for an Underwriter under this Section 10.
As used herein, the term ------------------------------ "Indemnitor" means the party against whom indemnification hereunder is sought, and the term "Indemnitee" means the party seeking indemnification hereunder.
As used herein, the term ---------------------- "Obligations" shall mean all of Pledgor's obligations, covenants and agreements ----------- under the Note.
As used herein, the term ------------------------------------------ "Adjustment Event" means an event pursuant to which the outstanding Shares of the Corporation are increased, decreased or changed into, or exchanged for a different number or kind of shares or securities, without receipt of consideration by the Corporation, through reorganization, merger, recapitalization, reclassification, stock split, reverse stock split, stock dividend, stock consolidation or otherwise.
As used herein, the term ------------------------------------ "Shares" includes securities of any kind whatsoever distributed with respect to ------- the Common Stock acquired by the Stockholder pursuant to the Option Plan or any such securities resulting from a stock split or consolidation involving such Common Stock.
More Definitions of As used herein the term
As used herein the term. Business Day" means any day other than a Saturday, Sunday or a day on which XLCA or banking institutions in New York City or in the city in which the corporate trust office of the Trust Administrator or the Trustee is located are authorized or obligated by law or executive order to close.
As used herein the term. Available Cash" means 17.5% of average cash balances held by the Company over 90 days. As used herein the term "Prime Rate" means the Prime Rate as published from time to time by The Wall Street Journal (or any successor publication).
As used herein the term. Holder" means __________, any party who acquires all or a part of this Warrant as a registered transferee of _________ or any record holder or holders of the Warrant Shares issued upon exercise, whether in whole or in part, of the Warrant; the term "Common Stock" means and includes the Company's presently authorized common stock, $.0l par value, and shall also include any capital stock of any class of the Company hereafter authorized which shall not be limited to a fixed sum or percentage in respect of the rights of the holders thereof to participate in dividends or in the distribution of assets upon the voluntary or involuntary liquidation dissolution, or winding up of the Company; and the term "Convertible Securities" means any stock or other securities convertible into, or exchangeable for, Common Stock. This Warrant is subject to the following provisions, terms and conditions:
As used herein the term. Person" means and includes an individual, corporation, partnership, association, limited liability company, trust, estate, or other entity. PRINCIPAL PLACE OF BUSINESS.
As used herein the term returnable containers’ means containers of a kind customarily returned by the buyer of the contents for reuse. All other containers are ‘nonreturnable containers’.”
As used herein the term. Licensed Patent" shall mean U.S. Patent No. 4,839,829 entitled Automated Printing Control System (hereinafter "the `829 Patent") and all divisionals, continuations, continuations-in-part, reissues, reexaminations, and/or extensions thereof, including all foreign counterparts of the foregoing, and all other patents and/or patent applications that have been or shall be filed and/or issued in the United States and all foreign countries on any of the improvements included in the `829 Patent.
As used herein the term causing expression" means that under the conditions, under which the plant is kept and/or cultivated, transcription of the DNA having been introduced