Common use of Capitalized Terms Clause in Contracts

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 137 contracts

Samples: Stockholder Voting Agreement (Marver James D), Agreement and Plan of Merger (American Railcar Industries, Inc.), Stockholder Voting Agreement (180 Degree Capital Corp. /Ny/)

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Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 105 contracts

Samples: Affiliate Agreement (Xenith Bankshares, Inc.), Affiliate Agreement (Union Bankshares Corp), Agreement and Plan of Merger (PAETEC Holding Corp.)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined in this Agreement, capitalized terms used and not defined herein Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 74 contracts

Samples: Tender and Support Agreement (Viterra Inc /Fi), Tender and Support Agreement (MVC Capital, Inc.), Tender and Support Agreement (Dakota Growers Pasta Co Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and in this Agreement that are not defined herein shall have the respective such meanings ascribed to them as set forth in the Merger Agreement.

Appears in 61 contracts

Samples: Agreement and Plan of Merger (Tellabs Inc), Agreement and Plan of Merger (North Central Bancshares Inc), Agreement and Plan of Merger (Oni Systems Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them assigned thereto in the Merger Agreement.

Appears in 24 contracts

Samples: Stock Option Agreement (Bank of New York Co Inc), Stock Option Agreement (Mellon Financial Corp), Stock Option Agreement (Bank of New York Co Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 18 contracts

Samples: Voting and Sell Down Agreement (ConnectOne Bancorp, Inc.), Agreement and Plan of Merger (Lakeland Bancorp Inc), Agreement and Plan of Merger (Lakeland Bancorp Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 16 contracts

Samples: Agreement and Plan of Merger (Allis Chalmers Energy Inc.), Support Agreement (Quintana Energy Services Inc.), Support Agreement (Clayton Williams Energy Inc /De)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 12 contracts

Samples: Voting and Sale Agreement (Sprint Nextel Corp), Voting and Sale Agreement (Sprint Nextel Corp), Voting and Sale Agreement (Sprint Nextel Corp)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein in this Agreement shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 11 contracts

Samples: Stockholder Tender and Voting Agreement (Cgi Group Inc), Stockholder Tender and Voting Agreement (Cgi Group Inc), Stockholder Tender and Voting Agreement (Cgi Group Inc)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined in ----------------- this Agreement, capitalized terms used and not defined herein Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 11 contracts

Samples: Agreement and Plan of Merger (General Electric Co), Stock Option Agreement (Oec Medical Systems Inc), Shareholder Agreement (General Electric Co)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed definitions assigned to them such terms in the Merger Partnership Agreement.

Appears in 9 contracts

Samples: First Amendment (General Growth Properties, Inc.), Second Amendment (General Growth Properties, Inc.), Fourth Amendment (General Growth Properties, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and in this Agreement that ----------------- are not defined herein shall have the respective such meanings ascribed to them as set forth in the Merger Agreement.

Appears in 9 contracts

Samples: Telespectrum Stockholder Support Agreement (Telespectrum Worldwide Inc), Stockholder Agreement (Laboratory Corp of America Holdings), Telespectrum Stockholder Support Agreement (International Data Response Corp)

Capitalized Terms. For the purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 8 contracts

Samples: Voting Agreement (Sprint Nextel Corp), Voting Agreement (Sk Telecom Co LTD), Voting Agreement (Corvina Holdings LTD)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 6 contracts

Samples: Voting Agreement (Divx Inc), Voting Agreement (Divx Inc), Voting Agreement (Sonic Solutions/Ca/)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and herein but not defined herein shall have the respective meanings ascribed given to them such terms in the Merger Agreement.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Life Sciences Research Inc), Agreement and Plan of Merger (National Home Health Care Corp), Agreement and Plan of Merger (National Home Health Care Corp)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Business Combination Agreement.

Appears in 5 contracts

Samples: Form of Wejo Voting Agreement (TKB Critical Technologies 1), Sponsor Voting Agreement (TKB Critical Technologies 1), Sponsor Support Agreement (Altitude Acquisition Corp.)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement. For the avoidance of doubt, the term "Affiliate," as used in this Agreement, shall have the meaning ascribed to such term in the Merger Agreement.

Appears in 5 contracts

Samples: Voting and Support Agreement (Stephens Sam A), Voting and Support Agreement (Employers Holdings, Inc.), Voting and Support Agreement (Employers Holdings, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and but not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 5 contracts

Samples: Company Voting and Support Agreement (Denali Capital Acquisition Corp.), Voting and Support Agreement (Hennessy Capital Acquisition Corp IV), Voting and Support Agreement (Denali Capital Acquisition Corp.)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.. ARTICLE II VOTING AGREEMENT AND IRREVOCABLE PROXY

Appears in 4 contracts

Samples: Voting Agreement (Galaxy Universal LLC), Voting Agreement (Galaxy Universal LLC), Voting Agreement (Galaxy Universal LLC)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Share Exchange Agreement.

Appears in 4 contracts

Samples: Voting Agreement (Motus GI Holdings, Inc.), Voting Agreement, Voting Agreement (SIMPLICITY ESPORTS & GAMING Co)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and that are not defined herein shall in this Amendment have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (SyntheMed, Inc.), Agreement and Plan of Merger (SyntheMed, Inc.), Agreement and Plan of Merger (SyntheMed, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them assigned thereto in the Merger Agreement. [Next page is a signature page.]

Appears in 4 contracts

Samples: Stock Option Agreement (Marshall & Ilsley Corp), Stock Option Agreement (National City Corp), Stock Option Agreement (Bank of Montreal /Can/)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein in this Agreement shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 4 contracts

Samples: Voting Agreement (Lilis Energy, Inc.), Voting Agreement (Lilis Energy, Inc.), Voting Agreement (Brushy Resources, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Amalgamation Agreement.

Appears in 4 contracts

Samples: Voting Agreement (Validus Holdings LTD), Voting Agreement (Validus Holdings LTD), Voting Agreement (Mattel Inc /De/)

Capitalized Terms. For purposes of Each capitalized term used in this Agreement, capitalized terms used Agreement and not defined herein shall have the respective meanings meaning ascribed to them such term in the Merger Agreement.

Appears in 4 contracts

Samples: Voting Agreement (Critical Path Inc), Voting Agreement (Critical Path Inc), Voting Agreement (Vectis Cp Holdings LLC)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: Trust Voting Agreement (Manville Personal Injury Settlement Trust), Trust Voting Agreement (Johns Manville Corp /New/), Stockholder Agreement (Johns Manville Corp /New/)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: Escrow Agreement (Madison River Communications Corp), Escrow Agreement (Madison River Communications Corp.), Voting Agreement (Cendant Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Playcore Inc), Securities Agreement (Bell Sports Corp), Noncompetition Agreement (Pure Resources Ii Inc)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined in this Agreement, capitalized terms used and not Agreement shall be defined herein shall have the respective meanings ascribed to them as set forth in the Merger Agreement.

Appears in 3 contracts

Samples: Settlement Agreement and Release (Apollo Global Management LLC), Settlement Agreement and Release (Hexion Specialty Chemicals, Inc.), Settlement Agreement and Release (Huntsman International LLC)

Capitalized Terms. (a) For purposes of this Support Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 3 contracts

Samples: Voting and Support Agreement (Sesen Bio, Inc.), Parent Stockholder Support Agreement (Sesen Bio, Inc.), Company Stockholder Support Agreement (Sesen Bio, Inc.)

Capitalized Terms. For the purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings means ascribed to them in the Merger Agreement.

Appears in 3 contracts

Samples: Voting Agreement (McKesson Corp), Voting Agreement (Per Se Technologies Inc), Voting Agreement (Luminex Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein in this Amendment shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: The Agreement and Plan of Merger (Take Two Interactive Software Inc), The Agreement and Plan of Merger (Zynga Inc), The Agreement and Plan of Merger (FGL Holdings)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and herein but not defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: Stock Option Agreement (Atlantic Richfield Co /De), Stock Option Agreement (Amoco Corp), Stock Option Agreement (Bp Amoco PLC)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and herein but not defined ----------------- herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: Stock Option Agreement (Nationsrent Inc), Stock Option Agreement (Nationsrent Inc), Stock Option Agreement (Rental Service Corp)

Capitalized Terms. For purposes of this Agreement, The capitalized terms used and not defined herein shall have the respective meanings meaning ascribed to them in the Merger AgreementAgreement unless said terms are specifically defined herein.

Appears in 3 contracts

Samples: Management Agreement, Management Agreement (Biomedical Technology Solutions Holdings Inc), Management Agreement (MedClean Technologies, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein without definition ----------------- shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: The Agreement and Plan of Merger (Sealy Corp), Agreement (Silicon Graphics Inc /Ca/), The Agreement and Plan of Merger (Muzak Finance Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein in this Agreement without definition shall have the respective meanings ascribed to meaning given them in the Merger Agreement.

Appears in 3 contracts

Samples: Prudential Asset Purchase Agreement (Brandywine Realty Trust), Prudential Asset Purchase Agreement (Brandywine Operating Partnership Lp /Pa), Alternative Asset Purchase Agreement (Brandywine Operating Partnership Lp /Pa)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined ----------------- in this Agreement, capitalized terms used and not defined herein Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 3 contracts

Samples: Stockholder Agreement (Headhunter Net Inc), Stockholder Agreement (Headhunter Net Inc), Stock Option Agreement (Data Critical Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined ----------------- herein shall have the respective meanings ascribed assigned to them such terms in the Merger Agreement.

Appears in 3 contracts

Samples: Stockholder Agreement and Proxy (Gec Acquisition Corp), Stockholder Agreement and Proxy (Gec Acquisition Corp), Stockholder Agreement and Proxy (Reltec Corp)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined in this Agreement, capitalized terms used and not defined herein ----------------- Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 3 contracts

Samples: Stockholder Agreement (Headhunter Net Inc), Stockholder Agreement (Headhunter Net Inc), Stockholder Agreement (Career Holdings Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 2 contracts

Samples: Call Option, Put Option and Purchase Price Adjustment Agreement (Apartment Investment & Management Co), Call Option, Put Option and Purchase Price Adjustment Agreement (Apartment Investment & Management Co)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement; provided, however, that no amendment or modification to any such term shall amend or modify its meaning for purposes hereof without the prior written consent of Stockholder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (NextWave Wireless Inc.), Voting Agreement (Navation, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and in this Agreement that are not defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 2 contracts

Samples: Support Agreement (Health Care Reit Inc /De/), Support Agreement (Health Care Reit Inc /De/)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein shall have the respective meanings meaning ascribed to them in the Merger Agreement.

Appears in 2 contracts

Samples: Voting Agreement (Apartment Investment & Management Co), Voting Agreement (Farkas Andrew L)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.. The following terms, whenever used in this Agreement, shall have the respective meanings ascribed to them below:

Appears in 2 contracts

Samples: Stockholder Support Agreement (Conatus Pharmaceuticals Inc.), Stockholder Support Agreement (Conatus Pharmaceuticals Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not otherwise defined herein in this Agreement shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 2 contracts

Samples: Voting Agreement (COURIER Corp), Voting Agreement (Quad/Graphics, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ballard Power Systems Inc.), Support Agreement (Mandalay Digital Group, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein without definition ----------------- shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 2 contracts

Samples: Subscription Agreement (Patriot American Hospitality Operating Co\de), Subscription Agreement (Wyndham International Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them thereto in the Merger Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (Centris Group Inc), 1 Stock Option Agreement (HCC Insurance Holdings Inc/De/)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and but not ------------------ otherwise defined herein in this Agreement shall have the respective same meanings ascribed to them set forth in the Merger Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (NNG Inc), Agreement and Plan of Merger (Northrop Grumman Systems Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed given to them in the Merger Agreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Capital One Financial Corp), Registration Rights Agreement (Capital One Financial Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not otherwise defined herein shall have the respective meanings ascribed to them such terms in the Merger Combination Agreement.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Amicus Therapeutics, Inc.), Limited Liability Company Agreement (ARYA Sciences Acquisition Corp IV)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Gart Sports Co), Registration Rights Agreement (Gart Sports Co)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not ----------------- defined herein shall have the respective meanings ascribed to them assigned thereto in the Merger Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (First Place Financial Corp /De/), Stock Option Agreement (Ffy Financial Corp)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.. ARTICLE II

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Apex Global Brands Inc.), Execution Version Voting and Support Agreement (Independence Contract Drilling, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not ----------------- defined herein shall have the respective meanings ascribed to them assigned thereto in the meanings assigned thereto in the Merger Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (First Place Financial Corp /De/), Stock Option Agreement (Ffy Financial Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and in this Agreement that are not defined herein shall have the respective such meanings ascribed to them as set forth in the Merger Agreement. 14.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Great Western Bancorp, Inc.), Agreement and Plan of Merger (Concord Efs Inc)

Capitalized Terms. For purposes of this Agreement, Those capitalized terms used and but not defined herein shall have that are defined in the respective Merger Agreement are used herein with the same meanings as ascribed to them therein. Those capitalized terms used in this Agreement that are not defined in the Merger Agreement are defined in Annex A hereto and are used herein with the meanings ascribed to them in the Merger Agreementtherein.

Appears in 2 contracts

Samples: Stock Option Agreement (Egl Inc), Stock Option Agreement (Circle International Group Inc /De/)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Investment Agreement.

Appears in 2 contracts

Samples: Pre Closing Voting Agreement (CHC Group Ltd.), Closing Voting Agreement (CHC Group Ltd.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to them same meaning as in the Merger Agreement.

Appears in 1 contract

Samples: Noncompetition Agreement (Gtech Holdings Corp)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Transaction Agreement.

Appears in 1 contract

Samples: Voting and Support Agreement (Sentinel Energy Services Inc.)

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Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed assigned to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Stockholder Agreement (Bristol Myers Squibb Co)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not otherwise defined herein shall have the respective meanings meaning ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Consulting Agreement (TFC Enterprises Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein shall have the respective meanings ascribed assigned to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Language Access Network, Inc.)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and herein but not otherwise defined herein shall have the respective meanings meaning ascribed to them in the Merger AgreementAgreement and Plan of `Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Brain Scientific Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Merger Agreement. References in the Merger Agreement to the “Agreement” shall mean the Merger Agreement as modified by this Amendment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (American Physicians Capital Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (AOL Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization and Waiver (Creative Realities, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not defined herein shall have the respective meanings ascribed given to them in the Merger Agreement.

Appears in 1 contract

Samples: Deposit Agreement (WaferGen Bio-Systems, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alexion Pharmaceuticals Inc)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement. For the avoidance of doubt, the term “Affiliate,” as used in this Agreement, shall have the meaning ascribed to such term in the Merger Agreement.

Appears in 1 contract

Samples: Voting and Support Agreement (Swank, Inc.)

Capitalized Terms. For purposes Unless otherwise defined herein, each of this Agreement, the capitalized terms used and herein, but not defined herein herein, shall have the respective meanings ascribed same meaning given to them such term in the Merger Agreement. Terms defined herein that are used in an amended provision of the Merger Agreement shall have the same meaning as their definition herein.

Appears in 1 contract

Samples: Merger Agreement (Atmos Energy Corp)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and but not otherwise defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Sponsor Support Agreement (Property Solutions Acquisition Corp.)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ivax Corp /De)

Capitalized Terms. For purposes of Capitalized terms not otherwise defined ---------------- in this Agreement, capitalized terms used and not defined herein Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 1 contract

Samples: Stockholder Agreement (Headhunter Net Inc)

Capitalized Terms. For purposes of this Agreement, Any capitalized terms used and in this Joinder but not defined herein shall have the respective meanings ascribed to them thereto in the Merger Original Agreement.

Appears in 1 contract

Samples: Joinder Agreement (AOL Inc.)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and not otherwise defined herein shall in this Agreement will have the respective meanings ascribed to accorded them in the Merger Agreement.

Appears in 1 contract

Samples: Form 0f Support Agreement (State Investors Bancorp, Inc.)

Capitalized Terms. For purposes of this AgreementUnless otherwise defined, capitalized terms used and not defined herein in this Agreement shall have the respective meanings same meaning ascribed to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Escrow and Contingent Stock Agreement (Monterey Homes Corp)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement; provided, however, that no amendment or modification to any such term shall amend or modify its meaning for purposes hereof without the prior written consent of Stockholders.

Appears in 1 contract

Samples: Voting Agreement (Avenue Capital Management II, L.P.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and herein but not defined herein shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (United Community Banks Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used appearing herein and not otherwise defined herein shall have the respective meanings ascribed to them given such terms in the Merger AgreementAgreement and Plan of Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (H&E Equipment Services, Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed assigned to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Voting and Support Agreement (SFX Entertainment, INC)

Capitalized Terms. For purposes of this Agreement, Certain capitalized terms used and not ----------------- otherwise defined herein shall have the respective meanings ascribed to them in the Merger Agreement. Unless the context otherwise requires, such terms shall include the singular and plural and the conjunctive and disjunctive forms of the terms defined.

Appears in 1 contract

Samples: Voting and Contribution Agreement (Nexthealth Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used in this Agreement and not otherwise defined herein shall have the respective meanings ascribed to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Transaction Support Agreement (Cendant Corp)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and herein, but not otherwise defined herein herein, shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Amendment to Agreement and Plan of Merger (Better Choice Co Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Form of Escrow Agreement (Transamerica Corp)

Capitalized Terms. For purposes of this AgreementUnless otherwise defined herein, all capitalized terms used and not defined herein shall have the respective meanings ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fpic Insurance Group Inc)

Capitalized Terms. Capitalized terms used in this Agreement and not otherwise defined herein have the respective meanings given those terms in the Merger Agreement. For purposes of this Agreement, capitalized terms used and not defined herein shall the following terms, when capitalized, have the respective meanings ascribed to them in the Merger Agreement.following meanings:

Appears in 1 contract

Samples: Merger Agreement (United Shipping & Technology Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them meaning set forth for such terms in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Boulder Specialty Brands, Inc.)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and herein but not otherwise defined herein shall have the respective meanings ascribed to them meaning as set out in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Home Bancshares Inc)

Capitalized Terms. For purposes of this Agreementxxxx Xxxxement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Tender and Voting Agreement (DRS Technologies Inc)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used utilized herein and not otherwise defined herein herein, shall have the respective meanings meaning ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Agreement (CNF Technologies Inc)

Capitalized Terms. For purposes of Capitalized terms not otherwise ----------------- defined in this Agreement, capitalized terms used and not defined herein Agreement shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 1 contract

Samples: Stockholder Agreement (Headhunter Net Inc)

Capitalized Terms. For purposes of this AgreementUnless otherwise indicated or specifically defined, all capitalized terms used and not defined herein shall have the respective meanings meaning ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Netsmart Technologies Inc)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used and but not defined ----------------- herein shall have the respective meanings ascribed to them in the Merger Agreement.

Appears in 1 contract

Samples: Merger Agreement (Eastern Environmental Services Inc)

Capitalized Terms. For purposes of this Agreement, All capitalized terms used herein and not otherwise ------------------ defined herein shall have the respective meanings same meaning ascribed to them thereto in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Skynet Holdings Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not defined herein and the terms “person” and “affiliate” shall have the respective meanings ascribed to them set forth in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Concur Technologies Inc)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and but not otherwise defined herein shall have the respective meanings ascribed assigned to them such terms in the Merger Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Farmers National Banc Corp /Oh/)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and herein, but not otherwise defined herein herein, shall have the respective meanings ascribed to them in the Merger Agreement. 2.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Better Choice Co Inc.)

Capitalized Terms. For purposes of this Agreement, capitalized Capitalized terms used and in this Agreement that are ----------------- not defined herein shall have the respective such meanings ascribed to them as set forth in the Merger Agreement.

Appears in 1 contract

Samples: Idrc Stockholder Support Agreement (International Data Response Corp)

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