the recitals definition

the recitals. MODIFIED BASE AMOUNT" Section 2.1(d) "NET WORKING CAPITAL" Section 2.1(d) "NEW MARKET PRICE" Section 7.8(b) "NEXTPOINT" the recitals "NEXTPOINT COMMON STOCK" Section 2.1(a) "NEXTPOINT HOLDERS" Section 9.1(a) "NEXTPOINT INTELLECTUAL PROPERTY" Section 3.5(a) "NEXTPOINT OPTION" Section 3.2(a) "NEXTPOINT VOTING DEBT" Section 3.2(b) "OPTION HOLDER" Section 2.7 "ORDINARY COURSE OF BUSINESS" Section 3.8(c) "OTHER FOUNDING STOCKHOLDER" Section 2.9(a) "OTHER FOUNDING STOCKHOLDER'S RELEASE DATE" Section 2.9(a) "OUTSTANDING NEXTPOINT COMMON SHARES" Section 2.1(a) "OUTSTANDING NEXTPOINT OPTIONS" Section 2.1(a) "OUTSTANDING NEXTPOINT PREFERRED SHARES" Section 2.1(a) "OUTSTANDING PARENT COMMON STOCK" Section 2.9(d) "OUTSTANDING PARENT VOTING SECURITIES" Section 2.9(d) "PARENT" the recitals "PARENT COMMON STOCK" Section 2.1(a) "PARENT MERGER SHARES" Section 2.1(e) "PARTICIPATION AGREEMENT" Section 1.5(a) "PARTICIPATION AMOUNT" Section 2.1(d) "PERSON" Section 3.1(a) "PLAN" Section 3.17 "PREFERRED STOCK" Section 2.1(a) "REGISTRATION RIGHTS AGREEMENT" Section 1.5(d) "FIRST TOTAL PARENT SHARES" Section 7.8(a) "REPORTS" Section 4.5 "REVISED TOTAL MERGER CONSIDERATION" Section 7.8(b) "SECURITIES ACT" Section 2.7 "SERIES A PREFERENCE AMOUNT" Section 2.1(d)
Sample 1
the recitals set forth in the,"Whereas" provisions on pages 1 and 2 of this Agreement are incorporated herein by reference and are made a part of this Agreement herein.
Sample 1

Related to the recitals

  • Recitals Dissenting Shares"........................................ Section 2.2(g) "D&O Insurance"............................................ Section 5.10(c) "Effective Time"........................................... Section 1.2 "Embedded Shares".......................................... Section 3.2 "ERISA".................................................... Section 3.10(a) "ERISA Plan"............................................... Section 3.10(a) "Excess Shares"............................................ Section 2.2(e)(ii) "Exchange Act"............................................. Section 3.4(b) "Exchange Agent"........................................... Section 2.2(a) "Exchange Fund"............................................ Section 2.2(a) "Exchange Ratio"........................................... Section 2.1(c) "GAAP"..................................................... Section 3.6(b) "Governmental Entity"...................................... Section 3.4(b) "Information Statement".................................... Section 5.4 "Merger"................................................... Recitals "Merger Consideration"..................................... Section 2.1(c) "Multiemployer Plan"....................................... Section 3.10(a) -iv-

  • 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.

  • Table of Contents is deleted in its entirety and replaced with the attached “Table of Contents” (identified by “SA-11”).

  • Paragraphs and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;

  • Annexure means the Annexure to the terms and conditions.

  • 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.

  • Schedules means the schedules to this Agreement.

  • Appendices has the meaning ascribed to it in the recitals to the Agreement.

  • Appendix A means Appendix A to this Agreement, which is hereby incorporated herein and made a part hereof. Appendix A describes the performance factor and goals with respect to the Internal Performance Units.

  • Annex A means the Commission’s General Conditions of Contract.

  • Annexure E means, if applicable in terms of the scope of work, the Contractor’s Project Plan delivered to JOBURG MARKET within the time specified therefore.

  • Exhibit 1 means Exhibit 1 to this Schedule C.

  • Annexure G means a copy of the regulation 36 deviation approved by the Accounting Officer (Chief Executive Officer) of JOBURG MARKET in the event that in the procurement of this Agreement the official procurement processes was dispensed with based on an exceptional circumstance allowed by the SCM Regulatory Framework.

  • Exhibit 2 Standard File Codes – Delinquency Reporting, Continued The FNMA Delinquent Reason Code field should show the Reason for Delinquency as follows: Delinquency Code Delinquency Description 001 FNMA-Death of principal mortgagor 002 FNMA-Illness of principal mortgagor 003 FNMA-Illness of mortgagor’s family member 004 FNMA-Death of mortgagor’s family member 005 FNMA-Marital difficulties 006 FNMA-Curtailment of income 007 FNMA-Excessive Obligation 008 FNMA-Abandonment of property 009 FNMA-Distant employee transfer 011 FNMA-Property problem 012 FNMA-Inability to sell property 013 FNMA-Inability to rent property 014 FNMA-Military Service 015 FNMA-Other 016 FNMA-Unemployment 017 FNMA-Business failure 019 FNMA-Casualty loss 022 FNMA-Energy environment costs 023 FNMA-Servicing problems 026 FNMA-Payment adjustment 027 FNMA-Payment dispute 029 FNMA-Transfer of ownership pending 030 FNMA-Fraud 031 FNMA-Unable to contact borrower INC FNMA-Incarceration

  • Standard Provisions mean these Standard Provisions that form a part of the Certificate of Designations relating to the Designated Preferred Stock.

  • the Second Supplementary Agreement means the agreement a copy of which is set out in Schedule 4;

  • Appendix means an appendix to this Agreement.

  • Annexure B means a copy of JOBURG MARKET Supply Chain Management Policy in terms of which this Agreement and the bid was specified, evaluated, adjudicated and awarded.