Exhibits means the several exhibits referred to and identified in this Agreement.
Annexures means any of the annexures, appendices, supplements or documents annexed to this Agreement and as amended from time to time;
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.
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.
Appendices has the meaning ascribed to it in the recitals to the Agreement.
Addenda “Addendum” or “Amendment(s)” shall mean a clarification, revision, addition, or deletion to this Invitation For Bid by City which shall become a part of the agreement between the parties.
Table of Contents is deleted in its entirety and replaced with the attached “Table of Contents” (identified by “SA-12”).
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.
Annexure A means the Contractor’s tender to supply the Product or render the Services or works to JOBURG MARKET in terms of the scope of work and on the terms and conditions, pricing and payment terms set out therein.
Schedules means the schedules to this Agreement.
Special Contract Attachments means any attachment to this Contract.
Addendum/Addenda means formally issued written or graphic modifications and/or interpretations of the Construction Documents that may add to, delete from, clarify or correct the description and/or scope of the Work. Addenda are issued during the bidding phase of the project.
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;
Annexure F means, if applicable to the Product or the subject matter of this Agreement and read conjunctively with the Contractor’s obligations in terms of the Consumer Protection Act, the express warranties provided by the Contractor in relation to the Product.
Sectional Titles Act means the Sectional Titles Act, 1986 (Act No. 95 of 1986);
Permitted Section 5(d) Communication means the Section 5(d) Written Communication(s) and Marketing Materials listed on Schedule C attached hereto. All references in this Agreement to the Registration Statement, the Preliminary Prospectus, any preliminary prospectus, the Base Prospectus and the Prospectus shall include the documents incorporated or deemed to be incorporated by reference therein. All references in this Agreement to financial statements and schedules and other information which are “contained,” “included” or “stated” in, or “part of” the Registration Statement, the Rule 462(b) Registration Statement, the Preliminary Prospectus, any preliminary prospectus, the Base Prospectus, the Time of Sale Prospectus or the Prospectus, and all other references of like import, shall be deemed to mean and include all such financial statements and schedules and other information which is or is deemed to be incorporated by reference in the Registration Statement, the Rule 462(b) Registration Statement, the Preliminary Prospectus, any preliminary prospectus, the Base Prospectus, the Time of Sale Prospectus or the Prospectus, as the case may be. All references in this Agreement to amendments or supplements to the Registration Statement, the Preliminary Prospectus, any preliminary prospectus, the Base Prospectus, the Time of Sale Prospectus or the Prospectus shall be deemed to mean and include the filing of any document under the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (collectively, the “Exchange Act”) that is or is deemed to be incorporated by reference in the Registration Statement, the Preliminary Prospectus, any preliminary prospectus, the Base Prospectus, or the Prospectus, as the case may be. All references in this Agreement to (i) the Registration Statement, the Preliminary Prospectus, any preliminary prospectus, the Base Prospectus or the Prospectus, any amendments or supplements to any of the foregoing, or any free writing prospectus, shall include any copy thereof filed with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval System (“XXXXX”) and (ii) the Prospectus shall be deemed to include any “electronic Prospectus” provided for use in connection with the offering of the Offered Shares as contemplated by Section 3(n) of this Agreement. The Company hereby confirms its agreements with the Underwriters as follows:
Construction Agreements means agreements to which Tenant is a party for Construction Work, rehabilitation, alteration, repair, replacement or demolition performed pursuant to this Lease.
Legal Description means a complete description of land to be annexed without internal references to any other document, and shall be described in one of the following ways:
Acquisition Documentation collectively, the Acquisition Agreement and all schedules, exhibits and annexes thereto and all side letters and agreements affecting the terms thereof or entered into in connection therewith.
Headings mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonized Commodity Description and Coding System, referred to in this Protocol as "the Harmonized System" or "HS";
Operative Document means each of the Participation Agreement, the Trust Indenture, the Trust Indenture Supplement covering the Aircraft, the Secured Certificates, the Purchase Agreement (insofar as it relates to the Aircraft), the Consent and Agreement and the Guarantee.
Gender expression means a person’s gender-related appearance or behavior, whether or not stereotypically associated with the person’s sex at birth.
Construction Agreement means the proposed building agreement between the Company and a proposed builder substantially in the form of the draft agreement a copy of which has been signed on behalf of the Authority and the Company for the purposes of identification;
Annexure means the Annexure to the terms and conditions.
Reference means the basic function of providing information about library and state archives of Iowa materials and making the materials available for research.
standard term sheet has the meaning ascribed thereto in NI 41-101;