Capitalized terms used herein but not defined definition

Capitalized terms used herein but not defined herein shall have the meanings assigned to them in the Pooling and Servicing Agreement.
Capitalized terms used herein but not defined herein shall have the meanings specified by the Credit Agreement. The Credit Agreement, among other things, (a) provides for the making of Revolving Loan Advances by the Bank to the Borrower from time to time in an aggregate outstanding amount not to exceed the Dollar amount of this Note, the indebtedness of the Borrower resulting from each such Revolving Loan Advance being evidenced by this Note, and (b) contains provisions for acceleration of the maturity of this Note upon the happening of certain events stated in the Credit Agreement and for prepayments of principal prior to the maturity of this Note upon the terms and conditions specified in the Credit Agreement. Both principal and interest are payable to the Agent at the times, in the locations, and in the manner specified in the Credit Agreement. The Bank shall record all Revolving Loan Advances and payments of principal made under this Note, but no failure of the Bank to make such recordings shall affect the Borrower's repayment obligations under this Note. It is contemplated that because of prepayments there may be times when no indebtedness is owed under this Note. Notwithstanding such prepayments, this Note shall remain valid and shall be in force as to Revolving Loan Advances made pursuant to the Credit Agreement after such prepayments. It is the intention of the Bank and the Borrower to conform strictly to any applicable usury laws. Accordingly, the terms of the Credit Agreement relating to the prevention of usury will be strictly followed. EXECUTED as of the date first above written. CORE LABORATORIES, INC. By: Name: Title: EXHIBIT D-2 FORM OF ACQUISITION LOAN NOTE ([PAYEE]) $[ ] Houston, Texas [date] ---------------- For value received, the undersigned Core Laboratories, Inc., a Delaware corporation ("Borrower"), hereby promises to pay to the order of [Payee] ("Bank"), the principal amount of [ ] and [ ]/100 Dollars ($[ ]) or, if less, the aggregate outstanding principal amount of the Acquisition Loan Advance (as defined in the Credit Agreement referred to below) made by the Bank to the Borrower in connection with the Acquisition Loan Borrowing (as defined in the Credit Agreement referred to below) made by the Banks to the Borrower on [date of Acquisition Loan Borrowing], together with accrued but unpaid interest on the principal amount of such Acquisition Loan Advance from the date of such Acquisition Loan Advance until such principal amount is paid in full, at such interest rates and at suc...
Capitalized terms used herein but not defined herein shall have the meanings therefor provided in the Security Agreement. By: ------------------------------ Name: Title: Schedule 1 to Security Agreement Amendment

Examples of Capitalized terms used herein but not defined in a sentence

  • Capitalized terms used herein but not defined shall have the meanings ascribed to such terms in the Indenture.

  • Capitalized terms used herein but not defined shall have the meaning given them in the Declaration.

  • Capitalized terms used herein but not defined shall have the meanings given them in the Partnership Agreement.

  • Capitalized terms used herein but not defined shall have the meaning set forth in the Pledge Agreement.

  • Capitalized terms used herein but not defined shall have the meanings assigned to them in the Indenture.

  • Capitalized terms used herein but not defined shall have the meaning set forth in the Agreement.

  • Capitalized terms used herein but not defined herein shall have the meanings specified in the Pooling and Servicing Agreement.

  • Capitalized terms used herein but not defined shall have the meaning given them in the Certificate of Designations.

  • Capitalized terms used herein but not defined herein shall have the meanings assigned to them in the Pooling and Servicing Agreement.

  • Capitalized terms used herein but not defined shall have the meaning given them in the Trust Agreement.


More Definitions of Capitalized terms used herein but not defined

Capitalized terms used herein but not defined herein shall have the meanings specified by the Credit Agreement. The Credit Agreement, among other things, (a) provides for the making of a Term Loan Advance by the Bank to the Borrower in an aggregate outstanding amount not to exceed the Dollar amount of this Note, the indebtedness of the Borrower resulting from such Term Loan Advance being evidenced by this Note, and (b) contains provisions for acceleration of the maturity of this Note upon the happening of certain events stated in the Credit Agreement and for prepayments of principal prior to the maturity of this Note upon the terms and conditions specified in the Credit Agreement. Both principal and interest are payable to the Agent at the times, in the locations, and in the manner specified in the Credit Agreement. The Bank shall record all Term Loan Advances and payments of principal made under this Note, but no failure of the Bank to make such recordings shall affect the Borrower's repayment obligations under this Note. It is the intention of the Bank and the Borrower to conform strictly to any applicable usury laws. Accordingly, the terms of the Credit Agreement relating to the prevention of usury will be strictly followed. EXECUTED as of the date first above written. CORE LABORATORIES, INC. By: Name: Title: EXHIBIT E FORM OF ASSIGNMENT AND ACCEPTANCE [date] Reference is made to the Amended and Restated Credit Agreement dated as of February 7, 1997 (as modified, the "Credit Agreement"), among Core Laboratories, Inc., a Delaware corporation, the financial institutions parties thereto ("Banks"), and NationsBank of Texas, N.A., as agent for the Banks ("Agent"). Capitalized terms used herein but not defined herein shall have the meanings specified by the Credit Agreement. Pursuant to the terms of the Credit Agreement, [ ] ("Assignor"), wishes to assign and delegate to [ ] ("Assignee"), [ ]%1 of its rights and obligations under the Credit Agreement. Therefore, Assignor, Assignee, and the Agent agree as follows:
Capitalized terms used herein but not defined herein shall have the meanings ascribed thereto in the Credit Agreement. The principal of this Term Note I and all interest accruing thereon shall be due and payable by Company on such dates and in such amounts as provided in, and in accordance with the terms of, the Credit Agreement. All amounts received on this Term Note I shall be applied in accordance with the terms of the Credit Agreement.
Capitalized terms used herein but not defined herein shall have the meanings ascribed thereto in the Credit Agreement. The principal of this Term Note II and all interest accruing thereon shall be due and payable by Company on such dates and in such amounts as provided in, and in accordance with the terms of, the Credit Agreement. All amounts received on this Term Note II shall be applied in accordance with the terms of the Credit Agreement. This Term Note II is the "Term Note II" referred to in the Credit Agreement, to which reference is made for the terms upon which Company may make prepayments from time to time and at any time prior to the maturity of this Term Note II and the terms of any prepayment premiums or penalties which may be due and payable in connection therewith, and for the terms and conditions upon which the maturity of this Term Note II may be accelerated and the unpaid balance of principal and accrued interest thereon declared immediately due and payable. If any installment of principal or interest due under the terms of this Term Note II falls due on a day which is not a Banking Day, the due date shall be extended to the next succeeding Banking Day and interest will be payable at the applicable rate for the period of such extension. If any installment of principal or interest due under the terms of this Term Note II prior to maturity is not paid in full when due, then the Bank at its option and without prior notice to the Company, may assess a late payment fee in an amount equal to the greater of $25.00 or Five Percent (5%) of the amount past due up to the maximum of $1,500.00 per late charge. Each late payment fee assessed shall be due and payable on the earlier of the next regularly scheduled principal or interest payment date or the maturity of this Term Note II. Waiver by the Bank of any late payment fee assessed, or the failure of the Bank in any instance to assess a late payment fee shall not be construed as a waiver by the Bank of its right to assess late payment fees thereafter. All amounts payable under this Term Note II shall be payable without relief from valuation and appraisement laws, and with all collection costs and attorneys' fees. The holder of this Term Note II, at its option, may make extensions of time for payment of the indebtedness evidenced by this Term Note II, or reduce the payments thereon, release any collateral securing payment of such indebtedness or accept a renewal note or notes therefor, all without notice to Company or any endorser(s), and Company ...
Capitalized terms used herein but not defined shall have the meaning given them in the Declaration. The Holder is entitled to the benefits of the Common Securities Guarantee to the extent provided therein. The Sponsor will provide a copy of the Declaration, the Common Securities Guarantee and the Indenture to a Holder without charge upon written request to the Sponsor at its principal place of business. Reference is hereby made to select provisions of the Common Securities set forth on the reverse hereof, which select provisions shall for all purposes have the same effect as if set forth at this place. Upon receipt of this certificate, the Sponsor is bound by the Declaration and is entitled to the benefits thereunder. By acceptance, the Holder agrees to treat for United States Federal income tax purposes the Debentures as indebtedness and the Common Securities as evidence of indirect beneficial ownership in the Debentures.

Related to Capitalized terms used herein but not defined

  • 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.

  • as used herein Reference Banks" means four major banks in the London interbank market selected by the Calculation Agent; and "LIBOR Business Day" means a day on which commercial banks are open for business (including dealings in foreign exchange and foreign currency deposits) in London. Exhibit A Officer's Certificate The undersigned, the [Chief Financial Officer] [Treasurer] [Executive Vice President] hereby certifies, pursuant to Section 7.3(b) of the Junior Subordinated Indenture, dated as of August 23, 2005, among FNB Financial Services Corporation (the "Company") and Deutsche Bank Trust Company Americas, as trustee, that, as of [date], [20__], the Company had the following ratios and balances: BANK HOLDING COMPANY As of [Quarterly Financial Dates] Tier 1 Risk Weighted Assets _________% Ratio of Double Leverage _________% Non-Performing Assets to Loans and OREO _________% Tangible Common Equity as a Percentage of Tangible Assets _________% Ratio of Reserves to Non-Performing Loans _________% Ratio of Net Charge-Offs to Loans _________% Return on Average Assets (annualized) _________% Net Interest Margin (annualized) _________% Efficiency Ratio _________% Ratio of Loans to Assets _________% Ratio of Loans to Deposits _________% Double Leverage (exclude trust preferred as equity) _________% Total Assets $_________ Year to Date Income $_________ * A table describing the quarterly report calculation procedures is provided on page __ [FOR FISCAL YEAR END: Attached hereto are the audited consolidated financial statements (including the balance sheet, income statement and statement of cash flows, and notes thereto, together with the report of the independent accountants thereon) of the Company and its consolidated subsidiaries for the three years ended _______, 20___.] [FOR FISCAL QUARTER END: Attached hereto are the unaudited consolidated and consolidating financial statements (including the balance sheet and income statement) of the Company and its consolidated subsidiaries for the fiscal quarter] ended [date], 20__. The financial statements fairly present in all material respects, in accordance with U.S. generally accepted accounting principles ("GAAP"), the financial position of the Company and its consolidated subsidiaries, and the results of operations and changes in financial condition as of the date, and for the [___ quarter interim] [annual] period ended [date], 20__, and such financial statements have been prepared in accordance with GAAP consistently applied throughout the period involved (expect as otherwise noted therein).

  • Defined Terms As used herein:

  • Definitions In this Agreement:

  • Certain Defined Terms As used in this Agreement, the term "Prospectus" means the applicable Portfolio's prospectus and related statement of additional information, whether in paper format or electronic format, included in the Portfolio's then currently effective registration statement (or post-effective amendment thereto), and any information that we or the Portfolio may issue to you as a supplement to such prospectus or statement of additional information (a "sticker"), all as filed with the Securities and Exchange Commission (the "SEC") pursuant to the Securities Act of 1933. 2.

  • 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.

  • Used means, with respect to the Properties, Company Contracts or Permits of the Company, those owned, leased, licensed or otherwise held by the Company which were acquired for use or held for use by the Company in connection with the Company's business and operations, whether or not reflected on the Company's books of account.

  • Preamble legal defeasance option"..................................................... 8.01(b) "Notice of Default"........................................................... 6.01 "Offer Period"................................................................ 4.06(d) "Original Securities"......................................................... Preamble "Paying Agent"................................................................ 2.04 "protected purchaser"......................................................... 2.08 "Refinancing Indebtedness".................................................... 4.03(b) "Refunding Capital Stock"..................................................... 4.04 "Registration Agreement"...................................................... Appendix A "Registered Exchange Offer"................................................... Appendix A "Registrar"................................................................... 2.04 "Restricted Payment".......................................................... 4.04(a) "Retired Capital Stock"....................................................... 4.04(b) "Securities Custodian"........................................................ Appendix A "Shelf Registration Statement"................................................ Appendix A "Special Redemption".......................................................... 3.07(b) "Special Redemption Date"..................................................... 3.07(b) "Special Redemption Price".................................................... 3.07(b) "Successor Company"........................................................... 5.01(a) "Successor Guarantor"......................................................... 5.01(b)(i) "TRW Automotive Luxembourg"................................................... 4.11(d)

  • The definition of Pass-Through Rate" set forth in Section 1.01 of the Pooling Agreement is hereby amended and restated to read as follows:

  • Other Definitional Provisions set forth in Section 1.2 of the Basic Servicing Agreement are incorporated by reference into this 2017-3 Servicing Supplement.

  • definition of Monthly Advance" in Article I is hereby amended in its entirety to read as follows:

  • 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.

  • Adjusted Term SOFR Rate means, for any Interest Period, an interest rate per annum equal to (a) the Term SOFR Rate for such Interest Period, plus (b) 0.10%; provided that if the Adjusted Term SOFR Rate as so determined would be less than the Floor, such rate shall be deemed to be equal to the Floor for the purposes of this Agreement.

  • Data Terms Website means hxxx://xxxxxxxxx.xxx/xxxxxxxx/assetservicing/vendoragreement.pdf or any successor website the address of which is provided by the Custodian to the Fund.

  • Documents Incorporated by Reference means all interim and annual financial statements, management’s discussion and analysis, business acquisition reports, management information circulars, annual information forms, material change reports, Marketing Documents and other documents that are or are required by Applicable Securities Laws to be incorporated by reference into the Offering Documents, as applicable;

  • Adjusted Term SOFR means, for purposes of any calculation, the rate per annum equal to (a) Term SOFR for such calculation plus (b) the Term SOFR Adjustment; provided that if Adjusted Term SOFR as so determined shall ever be less than the Floor, then Adjusted Term SOFR shall be deemed to be the Floor.

  • Definition means a provision of this Law (however expressed) that —

  • Glossary means this current section of the Agreement.

  • Standard Terms and Conditions or “Standard Terms” means these terms and conditions for the grant of the Loan to the Borrower by ABFL.

  • Appendix 1 contains the statement of work or “SOW”;

  • 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-