Conspicuous , with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is "conspicuous" or not is a decision for the court. Conspicuous terms include any of the following:
Clearly and conspicuously means that a required disclosure is difficult to miss (i.e., easily noticeable) and easily understandable by ordinary consumers, including in all of the following ways:
Clear and conspicuous means that a notice is reasonably understandable and designed to call attention to the nature and significance of the information in the notice.
RMB Non-Transferability means the occurrence of any event that makes it impossible for the Issuer to deliver RMB between accounts inside Hong Kong or from an account inside Hong Kong to an account outside Hong Kong (including where the RMB clearing and settlement system for participating banks in Hong Kong is disrupted or suspended), other than where such impossibility is due solely to the failure of the Issuer to comply with any law, rule or regulation enacted by any Governmental Authority (unless such law, rule or regulation is enacted after the Issue Date of the first Tranche of the relevant Series and it is impossible for the Issuer due to an event beyond its control, to comply with such law, rule or regulation);
Legend shall have the meaning specified in Section 8.1.
Non-transferability means the occurrence of any event that makes it impossible for the Issuer to deliver Renminbi between accounts inside Hong Kong or from an account inside Hong Kong to an account outside Hong Kong, other than where such impossibility is due solely to the failure of the Issuer to comply with any law, rule or regulation enacted by any Governmental Authority (unless such law, rule or regulation is enacted after the Issue Date and it is impossible for the Issuer, due to an event beyond its control, to comply with such law, rule or regulation).
Clearly and prominently means as follows:
Prop Type Sr Lien: Orig Amount: P&&I: Cr. Score: Sevicer Loan Prod Code: Rem Term: Occp Code: Appr Value: Note Date: Debt Ratio: City Stat Zip Purpose: Curr Rate: CLTV: Prin Bal: Maturity Date: Lien Pos: 6566412 180 14 $99,643.00 $51,000.00 $578.06 713 0300745072 6 179 1 $121,597.00 11/09/2001 49 High Point NC 27265 02 10.950 124 $50,887.32 11/20/2016 2 6566414 180 14 $95,000.00 $30,000.00 $355.24 791 0300744828 6 179 1 $100,000.00 11/07/2001 35 Kansas City MO 64119 02 11.750 125 $29,938.51 11/15/2016 2 6566416 180 14 $32,275.00 $42,500.00 $481.72 705 0300744893 6 178 1 $65,000.00 10/18/2001 37 Hastings NE 68901 02 10.950 116 $42,311.33 10/23/2016 2 6566418 180 14 $227,050.00 $60,000.00 $663.24 680 0300744851 6 179 1 $239,000.00 11/05/2001 43 Apollo Beach FL 33572 02 10.500 121 $59,861.76 11/09/2016 2 6566420 180 14 $79,086.00 $40,900.00 $427.09 687 0300745023 6 179 1 $96,000.00 11/07/2001 32 Lenoir City TN 37772 02 9.500 125 $40,900.00 11/13/2016 2 6566422 180 14 $111,186.00 $40,000.00 $473.65 723 0300744927 6 179 1 $135,766.00 11/03/2001 47 Sheffield OH 44054 02 11.750 112 $39,835.23 11/08/2016 2 6566424 180 14 $40,351.00 $51,800.00 $555.06 722 0300744539 6 179 1 $73,795.00 11/07/2001 38 Ottawa KS 66067 02 9.950 125 $51,583.84 11/13/2016 2 6566426 180 14 $116,191.00 $75,000.00 $794.52 705 0300744745 6 179 1 $160,000.00 11/07/2001 36 Greenfield WI 53221 02 9.750 120 $74,622.69 11/13/2016 2 6566428 180 14 $53,200.00 $35,500.00 $397.94 738 0300744612 6 179 1 $72,000.00 11/07/2001 32 Columbus NE 68601 02 10.750 124 $35,420.08 11/13/2016 2 6566430 180 14 $154,825.00 $49,400.00 $546.07 692 0300744588 6 179 1 $163,450.00 11/06/2001 38 Presno CA 93720 02 10.500 125 $49,286.18 11/12/2016 2 6566432 300 14 $161,667.00 $65,000.00 $607.92 762 0300744513 8 299 1 $200,506.00 11/03/2001 38 Edgewood WA 98372 02 10.380 114 $64,954.06 11/08/2026 2 6566434 180 14 $148,689.00 $50,000.00 $560.47 717 0300744778 6 179 1 $161,250.00 11/08/2001 37 New Windsor NY 12553 02 10.750 124 $49,887.45 11/14/2016 2 6566436 180 14 $218,000.00 $35,000.00 $449.77 659 0300744752 6 179 1 $214,000.00 11/06/2001 43 Parker CO 80134 02 13.300 119 $34,938.15 11/13/2016 2 6566438 180 14 $129,500.00 $43,000.00 $488.47 689 0300744737 6 179 1 $138,000.00 11/08/2001 41 Waukee IA 50263 02 10.990 125 $42,905.34 11/14/2016 2 6566658 300 14 $138,794.00 $33,000.00 $369.08 686 0300753886 8 299 1 $138,794.00 11/05/2001 49 Westland MI 48186 02 12.880 124 $32,984.98 11/13/2026 2 6567198 301 14 $96,954.00 $37,200.00 $384.94 711 0300738812 8 299 1 $111,000.00 10/26/2001 44 Montgomery AL 36116 02 11.750 121 $37,164.25 11/01/2026 2 6567746 181 14 $111,362.00 $35,000.00 $469.05 654 0300758810 6 179 1 $128,062.00 10/20/2001 33 Keizer OR 97303 02 14.130 115 $34,942.93 11/06/2016 2 6567770 121 14 $42,548.00 $13,500.00 $191.74 701 0300738978 5 119 1 $45,000.00 10/15/2001 30 Bridgeport OH 43912 02 11.750 125 $13,432.19 11/01/2011 2 6568040 180 14 $171,000.00 $48,200.00 $570.75 701 0300739042 6 179 1 $191,029.00 11/06/2001 41 LEICESTER MA 01524 02 11.750 115 $48,100.96 11/13/2016 2 6568200 180 14 $108,608.00 $53,500.00 $659.40 690 0300764354 6 179 1 $152,178.00 11/09/2001 41 Las Vegas NV 89117 02 12.500 107 $53,397.89 11/15/2016 2 6568410 181 14 $51,550.00 $29,000.00 $359.79 707 0300742384 6 180 1 $70,000.00 11/07/2001 27 Matheson CO 80830 02 12.630 116 $29,000.00 12/01/2016 2 Page 494 of 526
Securities Legend THIS CERTIFICATE HAS NOT BEEN AND WILL NOT BE REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR UNDER ANY STATE SECURITIES LAWS. THE HOLDER HEREOF, BY PURCHASING THIS CERTIFICATE, AGREES THAT THIS CERTIFICATE MAY BE REOFFERED, RESOLD, PLEDGED OR OTHERWISE TRANSFERRED ONLY IN COMPLIANCE WITH THE SECURITIES ACT AND OTHER APPLICABLE LAWS AND ONLY (1) PURSUANT TO RULE 144A UNDER THE SECURITIES ACT ("RULE 144A") TO A PERSON THAT THE HOLDER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER WITHIN THE MEANING OF RULE 144A (A "QIB"), PURCHASING FOR ITS OWN ACCOUNT OR A QIB PURCHASING FOR THE ACCOUNT OF A QIB, WHOM THE HOLDER HAS INFORMED, IN EACH CASE, THAT THE REOFFER, RESALE, PLEDGE OR OTHER TRANSFER IS BEING MADE IN RELIANCE ON RULE 144A, (2) PURSUANT TO AN EXEMPTION FROM REGISTRATION PROVIDED BY RULE 144 UNDER THE SECURITIES ACT (IF AVAILABLE) OR (3) IN CERTIFICATED FORM TO AN "INSTITUTIONAL ACCREDITED INVESTOR" WITHIN THE MEANING THEREOF IN RULE 501(a)(1), (2), (3) or (7) OF REGULATION D UNDER THE ACT OR ANY ENTITY IN WHICH ALL OF THE EQUITY OWNERS COME WITHIN SUCH PARAGRAPHS PURCHASING NOT FOR DISTRIBUTION IN VIOLATION OF THE SECURITIES ACT, SUBJECT TO (A) THE RECEIPT BY THE TRUSTEE OF A LETTER SUBSTANTIALLY IN THE FORM PROVIDED IN THE AGREEMENT AND (B) THE RECEIPT BY THE TRUSTEE OF SUCH OTHER EVIDENCE ACCEPTABLE TO THE TRUSTEE THAT SUCH REOFFER, RESALE, PLEDGE OR TRANSFER IS IN COMPLIANCE WITH THE SECURITIES ACT AND OTHER APPLICABLE LAWS OR IN EACH CASE IN ACCORDANCE WITH ALL APPLICABLE SECURITIES LAWS OF THE UNITED STATES AND ANY OTHER APPLICABLE JURISDICTION. THIS CERTIFICATE MAY NOT BE ACQUIRED DIRECTLY OR INDIRECTLY BY, OR ON BEHALF OF, AN EMPLOYEE BENEFIT PLAN OR OTHER RETIREMENT ARRANGEMENT WHICH IS SUBJECT TO TITLE I OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED, AND/OR SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED [in the case of the Class B-4, Class B-5 and Class B-6 Certificates:, UNLESS THE PROPOSED TRANSFER AND/OR HOLDING OF A CERTIFICATE AND THE SERVICING, MANAGEMENT AND/OR OPERATION OF THE TRUST AND ITS ASSETS: (I) WILL NOT RESULT IN ANY PROHIBITED TRANSACTION WHICH IS NOT COVERED UNDER AN INDIVIDUAL OR CLASS PROHIBITED TRANSACTION EXEMPTION, INCLUDING, BUT NOT LIMITED TO, PROHIBITED TRANSACTION EXEMPTION ("PTE") 84-14, PTE 91-38, PTE 90-1, XXX 00-00 XX XXX 00-00 AND (II) WILL NOT GIVE RISE TO ANY ADDITIONAL FIDUCIARY DUTIES ON THE PART OF THE SELLER, THE SECURITIES ADMINISTRATOR, THE MASTER SERVICER OR THE TRUSTEE, WHICH WILL BE DEEMED REPRESENTED BY AN OWNER OF A BOOK-ENTRY CERTIFICATE OR A GLOBAL CERTIFICATE AND WILL BE EVIDENCED BY A REPRESENTATION OR AN OPINION OF COUNSEL TO SUCH EFFECT BY OR ON BEHALF OF AN INSTITUTIONAL ACCREDITED INVESTOR].
Vehicle type means a category of motor vehicles which do not differ in such essential respects as:
Specific Terms and Conditions means the specific terms and conditions as described in section 6.1 (and, in relation to an Agreement between Envestra and a Network User, means the Specific Terms and Conditions which form part of that Agreement).
DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
engine type means a category of engines which do not differ in essential engine characteristics.
Marking means a symbol or group of symbols displayed on the surface of the movement area in order to convey aeronautical information;
License Type means the identification of whether the license for a Software Product is for a Perpetual Term or Subscription Term as specified in the Quote.
General Provisions means those portions of the Subscription Agreement headed “General Provisions” and contained on pages 7 to 12;
Restricted Securities Legend has the meaning set forth in Section 8.2(b).
Delivery Terms as defined in Section 10.1;
the book of reference means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
Automatic Location Identification Gateway or "ALI Gateway" is a computer facility into which CLEC delivers Automatic Location Identification (ALI) data for CLEC Customers. Access to the ALI Gateway will be via a dial-up modem using a common protocol. "Automatic Number Identification" or "ANI" is the Billing telephone number associated with the access line from which a call originates. ANI and Calling Party Number (CPN) usually are the same number. "Automatic Route Selection" or "ARS" is a service feature that provides for automatic selection of the least expensive or most appropriate transmission facility for each call based on criteria programmed into a circuit Switch routing table or system.
restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future;
DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine- readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
Labeled or "Labeling" means all labels and other written, printed, or graphic matter upon: (i) Product or any container or wrapper utilized with Product or (ii) any written material accompanying Product.
Restriction of Use means, in respect of any day, any difference from the normal capability of all or any part of the Routes (where the normal capability of the Routes is expressed in the Applicable Timetable Planning Rules relevant to that day notified to each Timetable Participant on or before D-26) which results in:
Automatic Location Identification or "ALI" is the automatic display at the Public Safety Answering Point (PSAP) of the caller's telephone number, the address/location of the telephone and supplementary emergency services information for Enhanced 911 (E911).
similar stage of construction means the stage at which: