Pursuant to a definition

Pursuant to a. [Describe Working Capital Facility Agreement] (the "Working Capital Facility Agreement"), the lenders referred to therein have agreed to extend credit to one or more of the Credit Parties (other than the Specified Subsidiaries hereinafter referred to) in an aggregate principal amount up to but not exceeding $ and one or more of the Credit Parties ------------ (other than the Specified Subsidiaries) have unconditionally guaranteed all of the obligations of the Credit Parties under and in respect of the Working Capital Facility. Pursuant to various [Describe Working Capital Facility Security Documents] (as defined in the Working Capital Facility Agreement and herein referred to as the "Working Capital Facility Security Documents"), the Credit Parties (other than the Specified Subsidiaries) have granted liens and security interests on certain of the Property of such Credit Parties as collateral security for their respective obligations under and in respect of the Working Capital Facility Agreement and such Working Capital Facility Security Documents. In connection with the foregoing, the parties hereto wish to set forth their agreement with respect to the priorities of certain liens and security interests on the Property of the Credit Parties, the exercise of remedies with respect thereto, and various other matters. Accordingly, the parties hereto agree as follows: Intercreditor Agreement
Pursuant to a. Second Amended and Restated Security Agreement dated March 14, 199 (the "Existing Security Agreement"), the Grantors assigned and pledged to the Existing Agent for its benefit and the benefit of the issuing bank party to the Existing Credit Agreement and the ratable benefit of the Existing Lenders and certain hedge lenders to secure the payment of all Obligations (as defined in the Existing Credit Agreement) of the Borrower under, among other things, the Existing Credit Agreement, a security interest in certain property.
Pursuant to a proposed corporate reorganization (i) the shareholders of RPM will transfer all of the outstanding shares of capital stock of RPM to the Company in exchange for all of the outstanding shares of capital stock of the Company, (ii) RPM will distribute to the Company RPM International, Inc. Assignment, Assumption and Amendment Agreement substantially all of its assets and (iii) RPM will become a Subsidiary of the Company (the "Reorganization"). The consummation of the Reorganization requires the prior written consent of the holders of Notes, and as a condition to granting such prior written consent, the holders of Notes have required, among other things, that the Company enter into this Agreement.

Examples of Pursuant to a in a sentence

  • Pursuant to a recommendation promulgated by the Committee on Uniform Security Identification Procedures, the Company has caused CUSIP numbers to be printed on the Notes and the Trustee may use CUSIP numbers in notices of redemption as a convenience to Holders.

  • Pursuant to a resolution of the Property Trustee, proxies may be solicited in the name of the Property Trustee or one or more officers of the Property Trustee.

  • Pursuant to a recommendation promulgated by the Committee on Uniform Security Identification Procedures, the Company has caused CUSIP numbers to be printed on the Notes, and the Trustee may use CUSIP numbers in notices of redemption as a convenience to Holders.

  • Pursuant to a recommendation promulgated by the Committee on Uniform Security Identification Procedures, the Issuer has caused CUSIP numbers to be printed on the Securities as a convenience to the Holders of the Securities.

  • Pursuant to a resolution of a majority of the Trustees, proxies may be solicited in the name of one or more Trustees or one or more of the officers or employees of the Trust.

  • Pursuant to a vote of the Trustees, proxies may be solicited in the name of one or more Trustees and/or one or more of the officers of the Trust.

  • Pursuant to a recommendation promulgated by the Committee on Uniform Security Identification Procedures, the Issuer has caused CUSIP numbers to be printed on the Notes and the Trustee may use CUSIP numbers in notices of redemption as a convenience to Holders.

  • Pursuant to a recommendation promulgated by the Committee on Uniform Security Identification Procedures, the Issuers have caused CUSIP numbers to be printed on the Notes and the Trustee may use CUSIP numbers in notices of redemption as a convenience to Holders.

  • Pursuant to a recommendation promulgated by the Committee on Uniform Security Identification Procedures, the Company has caused CUSIP numbers to be printed on the Notes as a convenience to the Holders of the Notes.

  • Pursuant to a recommendation promulgated by the Committee on Uniform Security Identification Procedures the Company has caused CUSIP numbers to be printed on the Securities and has directed the Trustee to use CUSIP numbers in notices of redemption as a convenience to Securityholders.


More Definitions of Pursuant to a

Pursuant to a sub-adviser agreement dated December 8, 1998 (the "Sub-Adviser Agreement"), the Sub-Adviser, a wholly owned subsidiary of United Asset Management Corporation ("UAM"), was selected by the Adviser as the sub-adviser to the Fund, the Sub-Adviser Agreement having been acknowledged and approved by the Trust. Pursuant to a merger agreement dated July 16, 2000, Old Mutual plc has agreed to acquire UAM through a tender offer and merger (the "Acquisition"). The Acquisition will result in the automatic termination of the Sub-Adviser Agreement. The Adviser and Sub-Adviser desire to enter into this interim sub-adviser agreement ("Interim Sub-Adviser Agreement") pursuant to the terms of Rule 15a-4 of the Investment Company Act of 1940, as amended ("1940 Act") pending approval of a final sub-adviser agreement by a majority of the Fund's outstanding voting securities designating Sub-Adviser as the sub-adviser of the Fund.
Pursuant to a. Second Amended and Restated Holdings Pledge Agreement dated March 14, 1997 (the "Existing Pledge Agreement"), the Pledgor assigned and pledged to the Existing Agent for its benefit and the benefit of the issuing bank party to the Existing Credit Agreement and the ratable benefit of the Existing Lenders and certain hedge lenders to secure the payment of all Obligations (as defined in the Existing Credit Agreement) of the Pledgor under, among other things, the Existing Credit Agreement, a security interest in certain property.
Pursuant to a loan sale agreement, dated as of September 1, 1997 (the "Loan Sale Agreement") by and between Life Bank, as seller and servicer, and Life Investments, as purchaser, Life Bank will transfer to Life Investments all of Life Bank's right, title and interest in and to the unpaid principal balances of the Initial Loans as of the Cut-Off Date and the collateral securing each Initial Loan. Pursuant to a loan purchase agreement, dated as of September 1, 1997 (the "Loan Purchase Agreement" and together with the Loan Sale Agreement, the "Loan Sale and Purchase Agreements") by and between the Depositor, as depositor, and Life Investments, as transferor, Life Investments will transfer to the Depositor all of Life Investments' right, title and interest in and to the unpaid principal balances of the Initial Loans as of the Cut-Off Date and the collateral securing each Initial Loan. Pursuant to the Sale and Servicing Agreement, the Depositor will transfer to the Trust all such right, title and interest in and to the unpaid principal balances of the Initial Loans as of the Cut-Off Date and the collateral securing each Initial Loan.
Pursuant to a separate funds escrow agreement ("Escrow Agreement") to be entered into by the Company, Subscriber and Escrow Agent in connection with the Offering. The Legal Fee will be payable out of funds held pursuant to the Escrow Agreement
Pursuant to a trust agreement dated February 1, 2002 (the "Original Trust Agreement"), and the filing of a certificate of trust with the Secretary of State of the State of Delaware on February 1, 2002; and

Related to Pursuant to a

  • Section means a section of the Act.

  • (b) As used in this section, claim' means a bill or an invoice submitted to a governmental entity for goods or services.

  • Disclosable Pecuniary Interest means an interest of yourself, or of your partner if you are aware of your partner's interest, within the descriptions set out in Table 1 below.

  • Investor-Based Exemption Any of Prohibited Transaction Class Exemption ("PTCE") 84-14 (for transactions by independent "qualified professional asset managers"), PTCE 91-38 (for transactions by bank collective investment funds), PTCE 90-1 (for transactions by insurance company pooled separate accounxx), XXXX 95-60 (for transactions by insurance company general accounts) or PTCE 96-23 (for transactions effected by "in-house asset managers"), or any comparable exemption available under Similar Law.

  • Defined Person" shall mean and include an individual, a partnership, a joint venture, a corporation, a trust, an unincorporated organization and a government or other department or agency thereof.

  • Non-U.S. Person means a Person who is not a U.S. Person.

  • 14 Change of Control Payment"........................................

  • participating security means a security title to units of which is permitted by an operator to be transferred by means of a relevant system;

  • Conditionally Transferable Obligation means a Deliverable Obligation that is either Transferable, in the case of Bonds, or capable of being assigned or novated to all Modified Eligible Transferees without the consent of any person being required, in the case of any Deliverable Obligation other than Bonds, provided, however, that a Deliverable Obligation other than Bonds will be a Conditionally Transferable Obligation notwithstanding that consent of the Reference Entity or the guarantor, if any, of a Deliverable Obligation other than Bonds (or the consent of the relevant obligor if a Reference Entity is guaranteeing such Deliverable Obligation) or any agent is required for such novation, assignment or transfer so long as the terms of such Deliverable Obligation provide that such consent may not be unreasonably withheld or delayed. Any requirement that notification of novation, assignment or transfer of a Deliverable Obligation be provided to a trustee, fiscal agent, administrative agent, clearing agent or paying agent for a Deliverable Obligation shall not be considered to be a requirement for consent for purposes of this definition of "Conditionally Transferable Obligation". Notwithstanding the other provisions of the Conditions, where a Deliverable Obligation is a Conditionally Transferable Obligation with respect to which consent is required to novate, assign or transfer, then if the requisite consent is refused (whether or not a reason is given for such refusal and, where a reason is given for such refusal, regardless of that reason), or is not received by the Early Redemption Date (in which case it shall be deemed to have been refused) then "Loans Automatically Cash Settled" shall be deemed to have been specified in the Final Terms solely in respect of such Loan. For purposes of determining whether a Deliverable Obligation satisfies the requirements of the definition of Conditionally Transferable Obligation, such determination shall be made as of the Delivery Date or Valuation Date, as applicable, for the Deliverable Obligation, taking into account only the terms of the Deliverable Obligation and any related transfer or consent documents which have been obtained by the Issuer.

  • Compensation Arrangement means any direct or indirect compensatory payment or other financial agreement, arrangement or understanding with any person or entity other than the Corporation, including any agreement, arrangement or understanding with respect to any direct or indirect compensation, reimbursement or indemnification in connection with candidacy, nomination, service or action as a nominee or as a director of the Corporation;

  • Disclosable Special Servicer Fees With respect to any Serviced Loan or related REO Property, any compensation and other remuneration (including, without limitation, in the form of commissions, brokerage fees and rebates) received or retained by the Special Servicer or any of its Affiliates that is paid by any Person (including, without limitation, the Trust, any Mortgagor, any Manager, any guarantor or indemnitor in respect of a Serviced Loan and any purchaser of any Serviced Loan or REO Property (or an interest in an REO Property related to a Serviced Loan Combination, if applicable) in connection with the disposition, workout or foreclosure of any Serviced Loan, the management or disposition of any REO Property, and the performance by the Special Servicer or any such Affiliate of any other special servicing duties under this Agreement, other than (1) any compensation which is payable to the Special Servicer under this Agreement and that is set forth in a report that is part of the CREFC® Investor Reporting Package (IRP) for the applicable period, and (2) any Permitted Special Servicer/Affiliate Fees. For the avoidance of doubt, any compensation or other remuneration that an entity acting in the capacities of both the Master Servicer and Special Servicer is entitled to in its capacity as Master Servicer pursuant to this Agreement will not constitute Disclosable Special Servicer Fees.

  • Plan of Distribution shall have the meaning set forth in Section 2(a).

  • Alien means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;

  • Likewise, in setting deadlines or other periods, "by" means "on or before." The words "preceding," "following," and words of similar import, mean immediately preceding or following. References to a month or a year refer to calendar months and calendar years.

  • qualifying person means a person in respect of whom payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund;

  • 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:

  • Assignment of Recognition Agreement With respect to a Cooperative Loan, an assignment of the Recognition Agreement sufficient under the laws of the jurisdiction wherein the related Cooperative Unit is located to reflect the assignment of such Recognition Agreement.

  • Fully Transferable Obligation means a Deliverable Obligation that is either Transferable, in the case of Bonds, or capable of being assigned or novated to all Eligible Transferees without the consent of any person being required, in the case of any obligation other than Bonds. Any requirement that notification of novation, assignment or transfer of a Deliverable Obligation be provided to a trustee, fiscal agent, administrative agent, clearing agent or paying agent for an obligation shall not be considered to be a requirement for consent for purposes of the foregoing. For purposes of determining whether a Deliverable Obligation satisfies the requirements of the definition of Fully Transferable Obligation, such determination shall be made as of the Delivery Commencement Date, taking into account only the terms of the Deliverable Obligation and any related transfer or consent documents which have been obtained by Bank or Designated Affiliate;

  • Deferred Compensation Agreement means an agreement to participate and to defer compensation between a Participant and the Company in such form and consistent with terms of the Plan as the Company may prescribe from time to time.

  • (14A) domestic support obligation’ means a

  • Security Based Compensation Arrangement means a stock option, stock option plan, employee stock purchase plan or any other compensation or incentive mechanism involving the issuance or potential issuance of Shares to Directors, officers, Employees and/or service providers of the Corporation or any subsidiary of the Corporation, including a share purchase from treasury which is financially assisted by the Corporation by way of a loan, guarantee or otherwise;

  • Eligible Retirement Plan means an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of the Code, or a qualified trust described in Section 401(a) of the Code, that accepts the Distributee's Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution to the surviving Spouse, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity.

  • ss County of: Xxxxxx ) On the 7th day of February, 2017, before me, a Notary Public in and for said State, personally appeared Xxxxxx Xxxxx, known to me to be a President of Xxxxx Fargo Bank, N.A., one of the corporations that executed the within instrument, and also know to me to be the person who executed it on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument.

  • The terms affiliated person," "assignment," "interested person" and "vote of a majority of the outstanding voting securities", when used in this Agreement, shall have the respective meanings specified in the Investment Company Act.

  • Compensation Payment means a payment, whether in monetary form or in the form of a benefit or service, by or on behalf of an insurer to a complainant to compensate the complainant for a proven or estimated financial loss incurred as a result of the insurer’s contravention, non-compliance, action, failure to act, or unfair treatment forming the basis of the complaint, where the insurer accepts liability for having caused the loss concerned, but excludes any –

  • Termination Letter has the meaning specified in Section 2.17(b).