Terms used definition
Terms used herein as defined terms and not otherwise defined herein shall have the meanings given thereto in the Credit Agreement.
Terms used but not defined herein shall have the meanings set forth in the Distribution Agreement. As used in this Agreement, the following terms shall have the following meanings (such meanings to be equally applicable to both the singular and plural forms of the terms defined):
Terms used but not defined herein shall have the meanings ascribed to them in the Financing Agreement.
Examples of Terms used in a sentence
Terms used but not otherwise defined in this Agreement shall have the meaning assigned to such terms in the Registration Statement.
Terms used herein and not otherwise defined shall have the meanings specified in the Indemnification Agreement.
Terms used in this paragraph without definition shall have the meanings assigned to them under the QFC Stay Rules.
Terms used but not defined herein shall have the meanings assigned to them in the Mortgage Loan Purchase Agreement.
Terms used in the Schedules shall have the meanings set out in this Agreement unless separately and specifically defined in a Schedule in which case the definition in the Schedule shall govern for the purposes of that Schedule.
More Definitions of Terms used
Terms used herein shall have the meaning given thereto in the Head Lease.
Terms used herein in capitalized form shall have the meanings ascribed to them in Section 13 hereof or as otherwise set forth in this Agreement.
Terms used herein which are defined in the Credit Agreement shall have the respective meanings set forth in the Credit Agreement, unless otherwise defined herein. Borrower covenants, warrants, represents and agrees as follows:
Terms used herein which are defined in the Credit Agreement shall have their defined meanings when used herein. The Credit Agreement, among other things, contains provisions for acceleration of the maturity of this Note upon the happening of certain stated events and also for prepayments on account of principal hereof prior to the maturity of this Note upon the terms and conditions specified in the Credit Agreement. The Borrower hereby agrees to pay all reasonable costs and expenses (including reasonable attorney's fees and expenses) paid or incurred by the holder of this Note in the collection of any principal or interest payable under this Note or the enforcement of this Note or any other Loan Documents. This Note shall be governed by the laws of the State of Illinois. BEAZER HOMES USA, INC. By: ------------------------------- Name: ---------------------------- Title: ---------------------------- SCHEDULE TO NOTE Unpaid Name of Amount of Principal Person Date Made Type of Principal Balance of Making or Paid Loan Paid Note Notation AMENDED AND RESTATED NOTE $ --------------------- ----------, ---- FOR VALUE RECEIVED, the undersigned, BEAZER HOMES USA, INC., a Delaware corporation (the "Borrower") HEREBY PROMISES TO PAY to the order of _______________________ (the "Bank") to THE FIRST NATIONAL BANK OF CHICAGO, as Agent, at the Agent's Office located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇, for the account of the applicable Lending Office of the Bank, in lawful money of the United States and in immediately available funds, the principal amount of _________________ Dollars ($_______) or the aggregate unpaid principal amount of all Loans made to the Borrower by the Bank pursuant to the Credit Agreement and outstanding on the Termination Date, whichever is less, and to pay interest from the date of this Note, in like money, at said office for the account of the applicable Lending Office, at the time and at a rate per annum as provided in the Credit Agreement. The Bank is hereby authorized by the Borrower to endorse on the schedule attached to the Note held by it the amount and type of each Loan and each renewal, conversion, and payment of principal amount received by the Bank for the account of the applicable Lending Office on account of its Loans, which endorsement shall, in the absence of manifest error, be conclusive as to the outstanding balance of the Loans made by the Bank; provided, however, that the failure to make such notation with respect to any Loan or renew...
Terms used herein shall have the same meaning as those given to them in the Contract. This Side Letter No. 1 provides Midway with certain credits in respect of the spare Engine and the V2527-A5 propulsion systems for the Firm Aircraft.
Terms used in this Section 6 have the meaning given to them by Regulation S of the Securities Act.
Terms used herein have the meanings assigned to them in the Credit Agreement. Very truly yours, [NAME OF BANK] Dated:_______________ By:__________________________ Authorized Officer EXHIBIT E Form of Opinion of Chief Corporate Counsel of the Guarantor February __, 2001 To the Banks and the AgentNamed on the Attached Distribution List ▇/▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, as Agent ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Ladies and Gentlemen: I am the Executive Vice President and Chief Corporate Counsel of Tyco International Ltd., a Bermuda company (the "GUARANTOR"), which owns all of the outstanding capital stock of Tyco International Group S.A., a Luxembourg company (the "Borrower"). I am rendering this opinion in connection with that certain Five-Year Credit Agreement (the "CREDIT AGREEMENT"), dated as of February 7, 2001, among the Borrower, the Guarantor, the banks listed on the signature pages thereof (the "BANKS") and The Chase Manhattan Bank, as Agent. This opinion is being delivered to you pursuant to Section 3.01(b) of the Credit Agreement. Each term defined in the Credit Agreement and used herein, but not otherwise defined herein, has the meaning ascribed thereto in the Credit Agreement. In connection with the opinion set forth herein, I have caused attorneys employed under my supervision to review the Credit Agreement and the Promissory Notes of the Borrower (collectively, the "FINANCING DOCUMENTS"), and have caused attorneys employed under my supervision to examine originals or copies, certified or otherwise identified to my satisfaction, of such documents, records, certificates and instruments as I have deemed relevant and necessary as a basis for the opinion hereinafter expressed. In connection with such examination, I have assumed the genuineness of all signatures on original documents, the authenticity of all documents submitted for review as originals, the conformity to the originals of all copies submitted for review as certified, conformed or photostatic copies, and the authenticity of the originals of such copies. As to various questions of fact material to this opinion, I have relied, without independent investigation or verification, upon statements, representations and certificates of officers and other representatives of the Borrower, the Guarantor and certificates of public officials. In addition, I have assumed that (i) the Credit Agreement has been validly authorized, executed and delivered by all parties thereto (other than the Borrower and the Gu...