Certain Definitions. Schedule" means each Lease Schedule signed by Lessee and Lessor which incorporates the terms of this Master Lease Agreement, together with all exhibits, riders, attachments and addenda thereto. "Equipment" means the property described in each Schedule, together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto. "Lease", "herein", "hereunder", "hereof" and similar words mean this Master Lease Agreement and all Schedules, together with all exhibits, riders, attachments and addenda to any of the foregoing, as the same may from time to time be amended, modified or supplemented. "Prime Rate" means the prime rate of interest announced from time to time as the prime rate by Bank One, Columbus, NA; provided, that the parties acknowledge that the Prime Rate is not intended to be the lowest rate of interest charged by said bank in connection with extensions of credit. "Lien" means any security interest, lien, mortgage, pledge, encumbrance, judgment, execution, attachment, warrant, writ, levy, other judicial process or claim of any nature whatsoever by or of any person. "Fair Market Value" means the amount which would be paid for an item of Equipment by an informed and willing buyer (other than a used equipment or scrap dealer) and an informed and willing seller neither under a compulsion to buy or sell. "Lessor's Cost" means the invoiced price of any item of Equipment plus any other cost to Lessor of acquiring an item of Equipment. All terms defined in the Lease are equally applicable to both the singular and plural form of such terms.
Certain Definitions. As used herein:
Certain Definitions. As used herein, the following terms will have the meanings set forth below:
Examples of Certain Definitions in a sentence
Nonsurvival of Representations and Warranties Section 7.2. Entire Agreement; Assignment Section 7.3. Validity Section 7.4. Notices Section 7.5. Governing Law Section 7.6. Descriptive Headings Section 7.7. Parties in Interest Section 7.8. Certain Definitions Section 7.9. Personal Liability Section 7.10.
The Exam- ining Authority may require or the broker or dealer may include such other provisions as deemed necessary or appropriate to the extent such pro- visions do not cause the subordination agreement to fail to meet the min- imum requirements of this Appendix (D).(2) Certain Definitions.
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If this Bylaw or any portion hereof shall be invalidated on any ground by any court of competent jurisdiction, then the corporation shall nevertheless indemnify each director and executive officer to the full extent not prohibited by any applicable portion of this Bylaw that shall not have been invalidated, or by any other applicable law.(j) Certain Definitions.
More Definitions of Certain Definitions
Certain Definitions in Section 1 thereof.
Certain Definitions is hereby amended as follows:
Certain Definitions. As used herein, "MOODY'S", "S&P", "RATING AGENCY", "COLLATERALIZATION EVENT", "MOODY'S COLLATERALIZATION EVENT", "S&P COLLATERALIZATION EVENT"; "RATINGS EVENT", "MOODY'S RATINGS EVENT", and "S&P RATINGS EVENT" have the meanings assigned in the Schedule.
Certain Definitions. Business day," for all purposes of Keystone Standards and the Direct Marketing Services Agreement to which this is attached, shall mean Monday through Friday except any day that is a United States national holiday. Exhibit D Keystone Account Executive Job Description Reports To: Vice President Operations of Keystone SUMMARY Provides and leverages service to Fogdog for the purpose of meeting contractual obligations and generating additional business by performing the following duties. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. . Develops strong working relationships with companies doing business with Fogdog. . Provides required reports for Fogdog as specified in this Agreement. . Works with companies doing business with Fogdog to identify and communicate marketing projections related to orders, receipts, returns or other data that will affect service levels to customer service and fulfillment management teams. . Monitors and communicates attainment of contractual performance standards to Fogdog's customer service and fulfillment operations, making recommendations for improvements as necessary. . Provides Fogdog with information and advice on the best methods to use to improve throughput and cost. . Works with all operating divisions to set up new Fogdog accounts. . Schedules meetings and tours for companies doing or potentially doing business with Fogdog. . Conducts off-line or on-line research to resolve customer problems. . Assures compliance with pertinent laws and regulations. . Position will require hours outside of normal schedule and may involve periodic overnight travel. . Insures that staff has required resources and equipment to perform their duties.
Certain Definitions. AFFILIATE" means, with respect to any Person, any Person that, directly or indirectly, controls, is controlled by or is under common control with such Person; provided that (a) Xcel Energy shall be deemed to be an Affiliate of NRG Energy and each of its Subsidiaries and (b) a Person shall be deemed to be an Affiliate of any other Person if it possesses, directly or indirectly, the power to vote 5% or more of the voting interests of such other Person or the ability to direct or cause the direction of the management and policies of such other Person, whether through the ownership of voting interests, by contract or otherwise.
Certain Definitions. Affiliate" shall mean any person, firm, corporation, partnership or other legal entity that, directly or indirectly, controls, is controlled by or is under common control with, the Corporation. "Change of Control" shall mean an event or series of events by which (i) any Person is or becomes the "beneficial owner" (as defined in rules 13d-3 and 13d-5 under the Securities and Exchange Act of 1934, as amended, except that a person shall be deemed to have "beneficial ownership" of all shares that any such Person has the right to acquire, whether such right is exercisable immediately or after the passage of time), directly or indirectly, of a majority of the aggregate Voting Stock of the Corporation; (ii) the Corporation consolidates with or merges into another Person or any Person consolidates with or merges into the Corporation, in either event pursuant to a transaction in which the outstanding Voting Stock of the Corporation is changed into or exchanged for cash, securities or other properties, other than any such transaction where the holders of the Voting Stock of the Corporation immediately prior to such transaction own, directly or indirectly, immediately after such transaction Voting Stock of such surviving corporation entitling them to not less than 50% of the aggregate voting power of all Voting Stock of such surviving corporation; or (iii) the Corporation conveys, transfers or leases all or substantially all of its assets to any Person. Notwithstanding the foregoing, a Change of Control shall not be deemed to occur if the Person described in clause (i), (ii) or (iii) is Magten Asset Management Corp. or is an Affiliate of Magten Asset Management Corp. "Person" shall mean any natural person, corporation, partnership, trust, association, governmental authority or unit, or any other entity, whether acting in an individual, fiduciary or other capacity, or any group of Persons acting in concert.
Certain Definitions. As used in this Loan Agreement: