Incorporation means applying manure using injection, disking into the soil, tilling the soil after application, or using other practices that result in at least 50 percent of the manure being placed below the ground surface within 24 hours of application and prior to rainfall.
Certification of Incorporation means the restated certificate of incorporation of the Corporation, as it may be amended from time to time, and shall include this Certificate of Designations.
Documents Incorporated by Reference means all financial statements, management’s discussion and analysis, management information circulars, annual information forms, material change reports or other documents issued by the Corporation, whether before or after the date of this Agreement, that are required by NI 44-101 to be incorporated by reference into the Prospectus or any Prospectus Amendment;
Exhibits means the several exhibits referred to and identified in this Agreement.
Company Certificate of Incorporation means the certificate of incorporation of the Company.
Articles means these articles of association of the Company.
Company Articles means the Articles of Incorporation of the Company, as amended.
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.
Annexes “Exhibits”, or “Schedules” shall be to Articles, Sections, Annexes, Exhibits or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, respectively. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. References to any statute or act shall include all related current regulations and all amendments and any successor statutes, acts and regulations. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document shall include all schedules, exhibits, annexes and other attachments thereto. As used in this Agreement, the meaning of the term “material” or the phrase “in all material respects” is intended to refer to an act, omission, violation or condition which reflects or could reasonably be expected to result in a Material Adverse Effect. References to capitalized terms that are not defined herein, but are defined in the UCC, shall have the meanings given them in the UCC. All references herein to times of day shall be references to daylight or standard time, as applicable.
Articles of Incorporation means the Articles of Incorporation of the Company, as amended from time to time.
Memorandum and Articles means the amended and restated memorandum and articles of association of the Company currently in effect, as may be amended or restated from time to time.
Standard Provisions mean these Standard Provisions that form a part of the Certificate of Designations relating to the Designated Preferred Stock.
Certificate of Incorporation means the certificate of incorporation of the Company, as may be amended and/or restated from time to time.
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.
Company Bylaws means the bylaws of the Company, as amended.
Annexures means any of the annexures, appendices, supplements or documents annexed to this Agreement and as amended from time to time;
Appendices has the meaning ascribed to it in the recitals to the Agreement.
Parent Charter means the Certificate of Incorporation of Parent, as from time to time amended.
Memorandum and Articles of Association means the Memorandum and Articles of Association of the Company, as amended and restated from time to time.
Incorporated Documents means the documents that at the time of filing are incorporated by reference in the Registration Statement, any Preliminary Prospectus, the Prospectus or any amendment or supplement thereto.
Terms of Reference (TORs) means the Terms of Reference that explains the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of the Procuring Entity and the Consultant, and expected results and deliverables of the assignment.
Bylaws means the bylaws of the Corporation, as they may be amended from time to time.
Company Charter means the certificate of incorporation of the Company, as amended.
Terms of Reference (TOR) means the document included in the RFP as Section 5 which explains the objectives, scope of work, activities, tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the Assignment/job.
Restated Certificate of Incorporation means the Restated Certificate of Incorporation of the Company, as amended.
Company Charter Documents means the Company’s certificate of incorporation and bylaws, each as amended to the date of this Agreement.