As used herein the term. Refinancing" shall mean the Company's refinancing of its Senior Credit Agreement dated as of June 12, 2000 on terms and conditions not materially less favorable to the Company than the terms of that certain bank commitment letter attached as Exhibit A hereto and without the waiver by the Agents (as such term is defined in the Commitment Letter) of any material condition contained therein (the "Commitment Letter").
As used herein the term. Borrowing Base" shall mean an amount equal to the lesser of (i) the sum of (a) ------ sixty-five percent (65%) of the uncollected amount of Eligible Accounts (as hereinafter defined) at book value held by and due and owing to Company as shown by the books and records thereof plus (b) thirty-five percent (35%) of the amount of Eligible Inventories of the Company, the respective amounts of which Eligible Accounts and Eligible Inventories will be determined as of a date not more than ten (10) days prior to the date on which the amount of the Borrowing Base is determined, or (ii) the lesser of $3,500,000 or the maximum principal ------ amount of Revolving Credit Loans to which Usborne, as herein defined, has subordinated pursuant to the Subordination Agreement referenced herein.
As used herein the term. Confidential Information’ means all information relating to the Group and any of the Group’s customers, operations, products, sales, finances, trade secrets, and business, including without limitation any information encompassed in any reports, investigations, customer and recipient lists (whether or not written) and customer and recipient information, business plans and business relationships, information on suppliers, vendors and fulfilling florists, experiments, research or developmental work, experimental work, work in progress, drawings, designs, plans, proposals, codes, marketing and sales programs, financial projections, financial data including sales and pricing information and all other financial data, cost summaries, pricing formula and trademarks, service marks, and all concepts or idea materials or information, owned possessed or controlled or related to the business of the Group, regardless of whether same may be possessed or developed by EMPLOYEE in the course of his employment or otherwise. Confidential Information also includes, without limitation, all information EMPLOYEE receives from third parties in the course of EMPLOYEE’S employment which is provided to EMPLOYEE in connection with EMPLOYEE’S duties for the Company and the Group. EMPLOYEE acknowledges and agrees that any and all Confidential Information of the Group learned by EMPLOYEE during the course of employment by Company or otherwise, whether developed by EMPLOYEE alone or in conjunction with others or otherwise, shall be and is the sole property of Company.” (Tonti Dep., Ex 71, § 1.1.)
Examples of As used herein the term in a sentence
As used herein, the term “Prospectus Delivery Period” means such period of time after the first date of the public offering of the Shares as in the opinion of counsel for the Underwriters a prospectus relating to the Shares is required by law to be delivered (or required to be delivered but for Rule 172 under the Securities Act) in connection with sales of the Shares by any Underwriter or dealer.
As used herein, the term “Prospectus Delivery Period” means such period of time after the first date of the public offering of the Securities as in the opinion of counsel for the Underwriters a prospectus relating to the Securities is required by law to be delivered (or required to be delivered but for Rule 172 under the Securities Act) in connection with sales of the Securities by any Underwriter or dealer.
As used herein, the term “business day” shall mean any day when the Commission’s office in Washington, D.C. is open for business.
As used herein, the term “this Agreement” and references thereto shall mean this Agreement as it may from time to time be amended or supplemented.
As used herein, the term “Escrow Shares” shall be deemed to include the Non-Cash Dividends distributed thereon, if any.
More Definitions of As used herein the term
As used herein the term. Business Day" means any day other than a Saturday, Sunday or a day on which XLCA or banking institutions in New York City or in the city in which the corporate trust office of the Trustee is located are authorized or obligated by law or executive order to close.
As used herein the term causing expression" means that under the conditions, under which the plant is kept and/or cultivated, transcription of the DNA having been introduced
As used herein the term asymmetric structure’ means that the compound of Chemical Formula 1 is asymmetric about the central carbon atom.” Ex. 1001, 2:13–15.
As used herein the term. Diligence Period” means the period commencing on the date of this letter agreement and ending on the earliest of (i) December 31, 2019, (ii) the date XuanZhu delivers a Transaction Termination Notice to Achaogen and (iii) the date the Bankruptcy Court denies the Approval Order. The date on which the Diligence Period expires or terminates is referred to herein as the “Diligence Ending Date”.
As used herein the term returnable containers’ means containers of a kind customarily returned by the buyer of the contents for reuse. All other containers are ‘nonreturnable containers’.”
As used herein the term. Residual Receipts” means gross rental income from 1925 and 1927 North Calvert Street, Arlington, Virginia, Calvert Manor Apartments, less the first Deed of Trust debt service on a loan from the Virginia Housing Development Authority, in the principal amount not to exceed $990,000 $2,300,000, operating expenses, reserves, debt service administration and audit expenses, each as approved by the Lender and in accordance with the Housing Fund Contingent/HOME (HFC/HOME) Program Agreement dated September 24, 1997, between the Lender and the Borrower.”
As used herein the term. Licensed Patent" shall mean U.S. Patent No. 4,839,829 entitled Automated Printing Control System (hereinafter "the `829 Patent") and all divisionals, continuations, continuations-in-part, reissues, reexaminations, and/or extensions thereof, including all foreign counterparts of the foregoing, and all other patents and/or patent applications that have been or shall be filed and/or issued in the United States and all foreign countries on any of the improvements included in the `829 Patent.