Simon Acquisition Corp., a Delaware corporation ("Acquisition Corp."), has heretofore executed and delivered to Credit Suisse First Boston Corporation, UBS Warburg LLC, and CIBC World Markets Corp.
Acquisition Corp. shall have the meaning given to such term in the preamble to this Agreement.
Acquisition Closing Date means the “Closing Date” as defined in the Acquisition Agreement.
Limited Condition Acquisition means any acquisition, including by way of merger, by the Borrower or one or more of its Restricted Subsidiaries permitted pursuant to this Agreement whose consummation is not conditioned upon the availability of, or on obtaining, third party financing.
Stock Acquisition means the purchase or other acquisition by Borrower or any of its Subsidiaries of all of the Equity Interests (by merger, stock purchase or otherwise) in any other Person.
Stock Acquisition Date means the first date of public announcement (which, for purposes of this definition, shall include, without limitation, a report filed pursuant to Section 13(d) under the Exchange Act) by the Company or an Acquiring Person that an Acquiring Person has become such.
Qualifying Acquisition has the meaning specified in Section 5.03.
Limited Condition Acquisition Agreement means, with respect to any Limited Condition Acquisition, the definitive acquisition documentation in respect thereof.
Acquisition Subsidiary shall have the meaning ascribed to it in the preamble hereto.
Company Acquisition Agreement has the meaning set forth in Section 5.04(a).
Land acquisition means the taking of or alienation of land, buildings or other assets thereon for purposes of the Project.
Company Acquisition means (i) a merger, consolidation, business combination, recapitalization, liquidation, dissolution or similar transaction involving the Company pursuant to which the stockholders of the Company immediately preceding such transaction hold less than fifty percent (50%) of the aggregate equity interests in the surviving or resulting entity of such transaction, (ii) a sale or other disposition by the Company of assets representing in excess of fifty percent (50%) of the aggregate fair market value of the Company's business immediately prior to such sale, or (iii) the acquisition by any person or group (including by way of a tender offer or an exchange offer or issuance by the Company), directly or indirectly, of beneficial ownership or a right to acquire beneficial ownership of shares representing in excess of fifty percent (50%) of the voting power of the then outstanding shares of capital stock of the Company.
Closing Date Acquisition shall have the meaning assigned to such term in the recitals hereto.
Collateral Acquisition Agreements means each of the agreements entered into by the Issuer in relation to the purchase by the Issuer of Collateral Debt Obligations from time to time.
Holdco has the meaning set forth in the Preamble.
Make-Whole Acquisition means the occurrence, prior to any Conversion Date, of one of the following:
Closing Date Acquisition Agreement shall have the meaning assigned to such term in the recitals hereto.
Acquisition Agreement means a letter of intent, agreement in principle, merger agreement, acquisition agreement, option agreement or other similar agreement.
Company Acquisition Transaction means any transaction or series of transactions involving:
Acquisition Agreements has the meaning specified in the Recitals.
date of acquisition means the date of acquisition required for accounting purposes;
AcquisitionCo means Diebold Holding Germany Incorporated & Co. KGaA a German partnership limited by shares (Kommanditgesellschaft auf Aktien - KGaA) that is a Wholly Owned Restricted Subsidiary of the Company and whose general partner is the Company.
Asset Management Agreement means, as the context requires, any agreement entered into between a Series and an Asset Manager pursuant to which such Asset Manager is appointed as manager of the relevant Series Assets, as amended from time to time.
Target Acquisition means the acquisition of Target Shares by Purchaser pursuant to a Scheme or an Offer.
Shares Acquisition Date means the first date of public announcement by the Company or an Acquiring Person that an Acquiring Person has become such.
Acquisition Transactions means the transactions contemplated by the Acquisition Agreement.
Business Acquisition means the acquisition of a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company.