Common use of Capitalized Terms Clause in Contracts

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for such terms that are set forth in the Purchase Agreement.

Appears in 46 contracts

Samples: Branch Purchase Agreement (German American Bancorp, Inc.), Asset Purchase Agreement (Celldex Therapeutics Inc), Purchase and Assumption Agreement (Croghan Bancshares Inc)

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Capitalized Terms. Capitalized terms Any capitalized term used but herein and not otherwise defined herein shall have the meanings for meaning ascribed to such terms that are set forth term in the Purchase Agreement.

Appears in 36 contracts

Samples: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for such terms that are set forth in the Note Purchase Agreement.

Appears in 24 contracts

Samples: Note and Warrant Purchase Agreement (Twinlab Consolidated Holdings, Inc.), Note and Warrant Purchase Agreement (Twinlab Consolidated Holdings, Inc.), Note and Warrant Purchase Agreement (Twinlab Consolidated Holdings, Inc.)

Capitalized Terms. Capitalized All capitalized terms used but not otherwise defined herein shall have the meanings for such terms that are set forth meaning assigned to them in the Purchase Agreement.

Appears in 23 contracts

Samples: Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Registration Rights Agreement (Fieldpoint Petroleum Corp), Registration Rights Agreement (XML Global Technologies Inc)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the respective meanings for such terms that are set forth in the Securities Purchase Agreement.

Appears in 21 contracts

Samples: Securities Purchase Agreement (Private Media Group Inc), Securities Purchase Agreement (Private Media Group Inc), Registration Rights Agreement (St Cloud Capital Partners Lp)

Capitalized Terms. Capitalized terms used but not defined herein shall have the respective meanings for such terms that are set forth in the Purchase Investment Agreement.

Appears in 14 contracts

Samples: Execution Version (Goldman Sachs Group Inc), Voting Agreement (Goldman Sachs Group Inc), Execution Version (Goldman Sachs Group Inc)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for ascribed to such terms that are set forth in the Purchase Agreement.

Appears in 12 contracts

Samples: Asset Purchase Agreement (Coca Cola Co), Asset Purchase Agreement (Coca Cola Co), Asset Purchase Agreement (Coca Cola Bottling Co Consolidated /De/)

Capitalized Terms. Capitalized terms used but herein and not otherwise ----------------- defined herein shall have the respective meanings for such terms that are set forth in the Securities Purchase Agreement.

Appears in 9 contracts

Samples: Registration Rights Agreement (Saflink Corp), Registration Rights Agreement (Voxware Inc), Registration Rights Agreement (Odetics Inc)

Capitalized Terms. Capitalized terms used but and not otherwise defined herein shall have the meanings for given such terms that are set forth in the Purchase Agreement.

Appears in 9 contracts

Samples: Lease Agreement (Hospitality Properties Trust), Purchase and Sale Agreement (Abiomed Inc), Escrow Agreement (Adcare Health Systems Inc)

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

Appears in 9 contracts

Samples: Asset Purchase Agreement (National Quality Care Inc), Voting and Support Agreement (Porter Bancorp, Inc.), Voting and Support Agreement (Hennessy Capital Acquisition Corp. III)

Capitalized Terms. Capitalized All capitalized terms used but herein and not otherwise defined herein shall have the meanings for assigned to such terms that are set forth in the Purchase Agreement.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-St1), Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-3), Pooling and Servicing Agreement (Gsaa Home Equity Trust 2004-5)

Capitalized Terms. Capitalized All other capitalized terms used herein but not defined herein shall have the meanings for ascribed to such terms that are set forth in the Purchase Agreement.

Appears in 7 contracts

Samples: Voting and Standstill Agreement (Mohawk Group Holdings, Inc.), Lock Up Agreement (Aterian, Inc.), Voting and Standstill Agreement (Aterian, Inc.)

Capitalized Terms. Capitalized terms used herein but not defined herein shall have the meanings for given to such terms that are set forth in the Purchase Agreement.

Appears in 7 contracts

Samples: Purchase and Sale Agreement (Easterly Government Properties, Inc.), Purchase and Sale Agreement (Easterly Government Properties, Inc.), Purchase and Sale Agreement (Easterly Government Properties, Inc.)

Capitalized Terms. Capitalized terms used but not herein, unless otherwise defined herein in this Assignment, shall have the same meanings for such terms that are set forth as those given in the Purchase Agreement.

Appears in 7 contracts

Samples: Assignment of Purchase and Sale Agreement (Manufactured Housing Properties Inc.), Assignment of Purchase and Sale Agreement (Manufactured Housing Properties Inc.), Assignment of Purchase and Sale Agreement (Manufactured Housing Properties Inc.)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for ascribed to such terms that are set forth in the Purchase Agreement.

Appears in 6 contracts

Samples: Assignment and Assumption Agreement (Stockgroup Information Systems Inc), Note and Warrant Purchase Agreement (MetaStat, Inc.), Conversion Agreement (iFresh Inc)

Capitalized Terms. Capitalized terms used but not defined herein shall have the respective meanings for such terms that are set forth given to them in the Purchase Investment Agreement.

Appears in 6 contracts

Samples: Registration Rights Agreement (TPG Partners Ii Lp), Registration Rights Agreement (Oxford Health Plans Inc), Registration Rights Agreement (Classic Cable Inc)

Capitalized Terms. Capitalized terms used but and not defined herein shall have the meanings for such terms that are set forth assigned to them in the Purchase Indenture. Capitalized terms used and not defined herein or in the Indenture have the meanings assigned to there in the Sale and Servicing Agreement.

Appears in 5 contracts

Samples: Administration Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He2), Administration Agreement (First Horizon Asset Sec HELOC Notes Ser 2007-He1), Administration Agreement (First Horizon Asset Securities Inc)

Capitalized Terms. Capitalized terms used herein but not defined herein shall have the meanings for ascribed to such terms that are set forth in the Purchase Agreement.

Appears in 5 contracts

Samples: Registration Rights Agreement (Applied Optoelectronics, Inc.), Registration Rights Agreement (Applied Optoelectronics, Inc.), Rights Agreement (Constant Contact, Inc.)

Capitalized Terms. Capitalized terms used but not defined herein shall have the respective meanings for such terms that are set forth in the Purchase Agreement.

Appears in 5 contracts

Samples: Purchase Agreement (Aerogen Inc), Employment Agreement (Allis Chalmers Energy Inc.), Voting Agreement (Jupiter Wellness, Inc.)

Capitalized Terms. Capitalized terms used but and not otherwise defined herein shall have the respective meanings for such terms that are set forth assigned to them in the Securities Purchase Agreement, unless the context otherwise requires.

Appears in 4 contracts

Samples: Securities Purchase Agreement (ZaZa Energy Corp), Securities Purchase Agreement (ZaZa Energy Corp), Securities Purchase Agreement (ZaZa Energy Corp)

Capitalized Terms. Capitalized terms used but not defined herein in this Agreement shall have the meanings for such terms that are set forth given to them in the Purchase Agreement.

Appears in 4 contracts

Samples: Letter Agreement (Brookside Technology Holdings, Corp.), Letter Agreement (Brookside Technology Holdings, Corp.), Letter Agreement (Brookside Technology Holdings, Corp.)

Capitalized Terms. Capitalized terms used but not defined herein shall have the respective meanings for such terms that are set forth in the Purchase AgreementInvestment Agreement in effect as of the date hereof.

Appears in 4 contracts

Samples: Registration Rights Agreement (AgroFresh Solutions, Inc.), Support Agreement (Dow Inc.), Side Agreement (Dow Inc.)

Capitalized Terms. Capitalized terms used but not defined herein shall have the respective meanings for assigned to such terms that are set forth in the Purchase Investment Agreement.

Appears in 4 contracts

Samples: Registration Rights Agreement (On Semiconductor Corp), Rights Agreement (Hanaro Telecom Inc), Registration Rights Agreement (Magellan Health Services Inc)

Capitalized Terms. Capitalized terms which are used but not defined herein in this Agreement shall have the meanings for meaning ascribed to such terms that are set forth in the Purchase Ownership Agreement.

Appears in 4 contracts

Samples: New Common Facilities Ownership Agreement (Mge Energy Inc), Construction Access Agreement, Ownership Agreement (Mge Energy Inc)

Capitalized Terms. Capitalized All capitalized terms used but herein and not otherwise defined herein shall have the meanings for assigned to such terms that are set forth in the Purchase Sale Agreement.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-1), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2006-1), Sale and Servicing Agreement (FBR Securitization, Inc.)

Capitalized Terms. Capitalized terms used but in this Agreement and not defined herein shall have the meanings for ascribed to such terms that are set forth in the Purchase Exchange Agreement.

Appears in 4 contracts

Samples: Voting Agreement and Consent (Ba Capital Co Lp), Lock Up and Voting Agreement (DiMaio Ahmad Capital LLC), Lock Up and Voting Agreement (Highland Capital Management Lp)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the meanings for such terms that are set forth ascribed to them in the Purchase Agreement.

Appears in 3 contracts

Samples: Purchase Agreement (New Gold Inc. /FI), Assignment and Assumption Agreement (Active Network Inc), Securities Purchase Agreement (Microislet Inc)

Capitalized Terms. Capitalized terms used but not defined herein without definition shall have the meanings for given such terms that are set forth in the Purchase Agreement.

Appears in 3 contracts

Samples: Membership Interest Purchase Agreement (Iconix Brand Group, Inc.), Membership Interest Purchase Agreement (DHX Media Ltd.), Membership Interest Purchase Agreement (DHX Media Ltd.)

Capitalized Terms. Capitalized terms used but not otherwise defined herein shall have the meanings for such terms that are set forth ascribed to them in the Purchase Shareholders’ Agreement.

Appears in 3 contracts

Samples: Shareholders’ Agreement (Nextel Partners Inc), Shareholders’ Agreement (Nextel Partners Inc), Shareholders’ Agreement (Nextel Partners Inc)

Capitalized Terms. Capitalized terms used but not otherwise defined herein shall have the meanings for such terms that are set forth in meaning given them under the Purchase Acquisition Agreement.

Appears in 3 contracts

Samples: Acquisition Agreement (Advanced Financial Inc), Stock Option Agreement (Advanced Financial Inc), Stock Option Agreement (First Mortgage Investment Co)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the respective meanings for given such terms that are set forth in the Purchase and Sale Agreement.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Sentio Healthcare Properties Inc), Purchase and Sale Agreement (Sentio Healthcare Properties Inc), Purchase and Sale Agreement (Sentio Healthcare Properties Inc)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the meanings for such terms that are set forth ascribed to them in the Purchase and Sale Agreement.

Appears in 3 contracts

Samples: Agreement Regarding Purchase of Partnership Interests (Cedar Shopping Centers Inc), Lease Agreement (Cedar Shopping Centers Inc), Management Agreement (Cedar Shopping Centers Inc)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the respective meanings for such terms that are set forth in the Purchase Agreementagreements with respect to sale of Registirable Securities.

Appears in 3 contracts

Samples: Registration Rights Agreement (Pluris Opportunity Fund LP), Registration Rights Agreement (Concentrax Inc), Registration Rights Agreement (Applied Dna Sciences Inc)

Capitalized Terms. Capitalized terms used but not defined herein (including in the recitals above) shall have the meanings for such terms that are set forth ascribed to them in the Purchase Agreement.

Appears in 3 contracts

Samples: Asset Purchase Agreement (PDL Biopharma, Inc.), Asset Purchase Agreement (PDL Biopharma, Inc.), Asset Purchase Agreement (Facet Biotech Corp)

Capitalized Terms. Capitalized All capitalized terms used but herein and not otherwise ----------------- defined herein shall have the meanings for assigned to such terms that are set forth in the Purchase Agreement.

Appears in 3 contracts

Samples: Assignment, Assumption and Recognition Agreement (United Panam Financial Corp), Assignment, Assumption and Recognition Agreement (United Panam Financial Corp), Assignment, Assumption and Recognition Agreement (United Panam Financial Corp)

Capitalized Terms. Capitalized terms used but and not otherwise defined herein shall have the meanings assigned to them in the Securities Purchase Agreement (including, for such the avoidance of doubt, any terms that are defined herein as set forth in on Exhibit A hereto), unless the Purchase Agreementcontext otherwise requires.

Appears in 3 contracts

Samples: Securities Purchase Agreement (ZaZa Energy Corp), Securities Purchase Agreement (ZaZa Energy Corp), Securities Purchase Agreement (ZaZa Energy Corp)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the meanings for such terms that are set forth assigned to them in the Purchase Agreement, each Note and the Modification Agreement, unless the context shall otherwise require.

Appears in 3 contracts

Samples: Modification Agreement (Winmark Corp), Modification Agreement (Winmark Corp), Modification Agreement (Winmark Corp)

Capitalized Terms. Capitalized terms used but not otherwise defined herein shall have the respective meanings for ascribed to such terms that are set forth in the Purchase AgreementAgreement of Sale.

Appears in 3 contracts

Samples: Agreement of Sale (Town Sports International Holdings Inc), Agreement of Sale (Town Sports International Holdings Inc), Agreement of Sale (Town Sports International Holdings Inc)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for such terms that are set forth in the Asset Purchase Agreement.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Bridgeline Digital, Inc.), Asset Purchase Agreement (Occam Networks Inc/De), Asset Purchase Agreement (Bridgeline Digital, Inc.)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for ascribed to such terms that are set forth in the Purchase Exchange Agreement.

Appears in 3 contracts

Samples: Asset Exchange Agreement (Coca Cola Bottling Co Consolidated /De/), Assignment and Assumption Agreement (Coca Cola Co), Asset Exchange Agreement (Coca Cola Bottling Co Consolidated /De/)

Capitalized Terms. Capitalized terms used but and not otherwise defined herein shall have the meanings for such terms that are set forth ascribed thereto in the Purchase Agreement.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Five Star Quality Care Inc), Purchase and Sale Agreement (Five Star Quality Care Inc), Purchase and Sale Agreement (Five Star Quality Care Inc)

Capitalized Terms. Capitalized All capitalized terms used but herein and not otherwise defined herein shall have the respective meanings for such terms that are set forth assigned thereto in the Purchase Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (St Cloud Capital Partners Lp), Securities Purchase Agreement (Prolong International Corp)

Capitalized Terms. Capitalized All capitalized terms used but not defined herein shall have the meanings for such terms that are set forth specified in the Purchase Agreement.

Appears in 2 contracts

Samples: Master Sale And (General Motors Corp), Master Sale And (General Motors Corp)

Capitalized Terms. Capitalized terms used but not defined herein without definition shall have the meanings for assigned to such terms that are set forth in the Purchase Agreement.

Appears in 2 contracts

Samples: The Purchase Agreement (Nasdaq Stock Market Inc), Asset Purchase Agreement (Strategic Diagnostics Inc/De/)

Capitalized Terms. Capitalized terms Terms used herein but not defined herein shall have the meanings for such terms that are set forth in the Purchase Agreement.

Appears in 2 contracts

Samples: Option Agreement (Hicks Thomas O), Common Stock Purchase Agreement (Metrocall Inc)

Capitalized Terms. Capitalized terms used but herein that are not defined herein shall have the meanings for such terms that are set forth meaning ascribed to them in the Purchase Sales Management Agreement.

Appears in 2 contracts

Samples: Sales Management Services Agreement (Integrated Environmental Technologies, Ltd.), Stock Shares Purchase Agreement (Swordfish Financial, Inc.)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the meanings for such terms that are set forth assigned to them in the Purchase Agreement, unless the context otherwise requires.

Appears in 2 contracts

Samples: Subordinated Note Purchase Agreement (Transport America, Inc.), Subordinated Note Purchase Agreement (Transport America, Inc.)

Capitalized Terms. Capitalized terms used but not defined herein (including in the recitals above) shall have the meanings for ascribed to such terms that are set forth in the Purchase Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Avago Technologies LTD), Asset Purchase Agreement (PDL Biopharma, Inc.)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the meanings for such terms that are set forth in the Asset Purchase Agreement.

Appears in 2 contracts

Samples: Supply Agreement (Great Atlantic & Pacific Tea Co Inc), Supply Agreement (Great Atlantic & Pacific Tea Co Inc)

Capitalized Terms. Capitalized terms used but and not defined herein shall have the meanings for such terms that are set forth assigned to them in the Purchase Agreement.

Appears in 2 contracts

Samples: Purchase Agreement (Advanced Accessory Holdings Corp), Purchase Agreement (Chaas Acquisitions LLC)

Capitalized Terms. Capitalized terms used but not otherwise defined herein shall have the meanings for such terms that are set forth ascribed to them in the RRA or Purchase Agreement, as applicable.

Appears in 2 contracts

Samples: Omnibus Amendment Agreement (Connexa Sports Technologies Inc.), Omnibus Amendment Agreement (Slinger Bag Inc.)

Capitalized Terms. Capitalized terms used but and not otherwise defined herein shall have the meanings for such terms that are set forth assigned to them in the Purchase Sale and Servicing Agreement.

Appears in 2 contracts

Samples: Loan Sale Agreement (Imc Home Equity Loan Owner Trust 1997-6), Loan Sale Agreement (Imc Home Equity Loan Owner Trust 1997-8)

Capitalized Terms. Capitalized All capitalized terms used but not otherwise defined herein shall have the meanings for meaning ascribed to such terms that are set forth in the Purchase and Sale Agreement. To the extent of any conflict between this Short Form Agreement and the terms of the Purchase and Sale Agreement, the Purchase and Sale Agreement shall control.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

Capitalized Terms. Capitalized terms that are used but not defined herein shall have the meanings for such terms that are set forth specified in the Purchase Agreement.

Appears in 2 contracts

Samples: Purchase Agreement (Bon Ton Stores Inc), Purchase Agreement (Saks Inc)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the respective meanings for such terms that are set forth in the Purchase Agreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Smtek International Inc), Registration Rights Agreement (Critical Home Care Inc)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for such terms that are meaning set forth out in the Purchase Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Retail Opportunity Investments Corp), Purchase and Sale Agreement (Retail Opportunity Investments Corp)

Capitalized Terms. Capitalized terms used but not defined herein without definition shall have the meanings for given to such terms that are set forth in the Purchase Agreement.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (DHX Media Ltd.), Membership Interest Purchase Agreement (DHX Media Ltd.)

Capitalized Terms. Capitalized terms used but not otherwise defined herein in this Agreement shall have the meanings for assigned to such terms that are set forth in the Purchase Share Exchange Agreement.

Appears in 2 contracts

Samples: Agreement (Taylor Capital Group Inc), Agreement (Taylor Capital Group Inc)

Capitalized Terms. Capitalized terms used but not defined herein shall have the respective meanings for such terms that are set forth in the Purchase AgreementInvestment Agreement as of the date hereof.

Appears in 2 contracts

Samples: Voting Agreement (Express-1 Expedited Solutions Inc), Voting Agreement (Express-1 Expedited Solutions Inc)

Capitalized Terms. Capitalized terms used but not defined herein shall have the respective meanings for such terms that are set forth in the Purchase AgreementAcquisition Agreement as of the date hereof.

Appears in 2 contracts

Samples: Voting Agreement (Charles River Laboratories International Inc), Voting Agreement (Warburg Pincus Private Equity X, L.P.)

Capitalized Terms. Capitalized terms used but not defined herein without definition shall have the meanings for such terms that are set forth given to them in the Purchase Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Nabi Biopharmaceuticals), Asset Purchase Agreement (Nabi Biopharmaceuticals)

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Capitalized Terms. Capitalized terms used but and not otherwise defined herein shall have the meanings for ascribed to such terms that are set forth in the Securities Purchase Agreement.

Appears in 2 contracts

Samples: Consent and Amendment Agreement (La Jolla Pharmaceutical Co), Consent and Amendment Agreement (La Jolla Pharmaceutical Co)

Capitalized Terms. Capitalized terms used but first defined herein shall have the meanings so given. Capitalized terms not defined herein shall have the meanings for such terms that are set forth ascribed to them in the Purchase Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

Capitalized Terms. Capitalized terms used but not defined herein shall have the respective meanings for such terms that are set forth in the Purchase Acquisition Agreement.

Appears in 2 contracts

Samples: Form of Voting Agreement (Advanced Micro Devices Inc), Voting Agreement (Emerson Electric Co)

Capitalized Terms. Capitalized All capitalized terms used but not defined herein shall have the meanings for such terms that are set forth in the Purchase Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Navarre Corp /Mn/), Memorandum of Understanding (Navarre Corp /Mn/)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the meanings for such terms that are set forth assigned to them in the Purchase Agreement.

Appears in 2 contracts

Samples: Partial Assignment and Assumption (Marshall Funds Inc), MTB Group of Funds

Capitalized Terms. Capitalized terms used but not otherwise defined herein shall have the meanings for such terms that are set forth ascribed to them in the Purchase Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Cri Hotel Income Partners L P), Purchase and Sale Agreement (Cri Hotel Income Partners L P)

Capitalized Terms. Capitalized terms used herein but not defined herein shall have the meanings for such terms that are set forth in the Purchase Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Nevada Gold & Casinos Inc), Purchase Agreement (Almost Family Inc)

Capitalized Terms. Capitalized terms used but herein and not defined herein shall have the their respective meanings for such terms that are as set forth in the Agreement and if not therein then by reference therein to terms in the Note Purchase Agreement.

Appears in 2 contracts

Samples: Loan Purchase Agreement (New Century Financial Corp), Loan Purchase Agreement (New Century Financial Corp)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for such terms that are set forth given to them in the Purchase Agreement.

Appears in 2 contracts

Samples: Amending Agreement (McKenzie Bay International), Amending Agreement (McKenzie Bay International)

Capitalized Terms. Capitalized Any capitalized terms used but herein and not defined herein shall have the respective meanings for such terms that are set forth assigned thereto in the Purchase Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Aquila Inc), Asset Purchase Agreement (Aquila Inc)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for meaning given to such terms that are set forth in the Asset Purchase Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (LVB Acquisition, Inc.), Asset Purchase Agreement (Biomet Inc)

Capitalized Terms. Capitalized All capitalized terms used but herein and not defined herein shall have the meanings for such terms that are set forth in the Purchase Agreement.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Gramercy Property Trust), Agreement of Purchase and Sale (Gramercy Property Trust)

Capitalized Terms. Capitalized terms used but and not otherwise defined herein shall have the meanings for ascribed to such terms that are set forth in the Securities Purchase Agreement, as may have been modified by the Consent and Amendment Agreement.

Appears in 2 contracts

Samples: Amendment Agreement (La Jolla Pharmaceutical Co), Second Amendment Agreement (La Jolla Pharmaceutical Co)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for such terms that are set forth given to them in the Purchase Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Hecla Mining Co/De/), Hecla Guaranty (Hecla Mining Co/De/)

Capitalized Terms. Capitalized All capitalized terms used but not otherwise defined herein shall have the meanings for such terms that are set forth respectively assigned thereto in the Purchase Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Ampio Pharmaceuticals, Inc.), Asset Purchase Agreement (Rosewind CORP)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for given such terms that are set forth in the Purchase Agreement.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Trinsic, Inc.), Assignment and Assumption Agreement (Trinsic, Inc.)

Capitalized Terms. Capitalized terms used but herein and not defined herein shall have the meanings for ascribed to such terms that are set forth in the Purchase Investment Agreement.

Appears in 2 contracts

Samples: Investment Agreement (Pulse Electronics Corp), Investment Agreement (Pulse Electronics Corp)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for such terms that are set forth in the Purchase Agreement.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Acacia Diversified Holdings, Inc.), Assignment and Assumption Agreement (Acacia Diversified Holdings, Inc.)

Capitalized Terms. Capitalized Unless otherwise defined herein, capitalized terms used but not defined herein shall have the meanings for given to such terms that are set forth in the Purchase Agreement.

Appears in 1 contract

Samples: The Stock Purchase Agreement (Edo Corp)

Capitalized Terms. Capitalized All capitalized terms used herein but not defined herein shall have the meanings for such terms that are set forth given to them in the Purchase Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (3d Systems Corp)

Capitalized Terms. Capitalized terms used but not otherwise defined herein shall have the meanings for ascribed to such terms that are set forth in the Purchase Finance Agreement.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Harbor Global Co LTD)

Capitalized Terms. Capitalized All capitalized terms used but in this Agreement that are not defined herein shall have the meanings for such terms that are set forth given to them in the Stock Purchase Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Alliance Bankshares Corp)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the meanings for given such terms that are set forth in the Purchase AgreementDocuments.

Appears in 1 contract

Samples: Security Agreement (Martek Biosciences Corp)

Capitalized Terms. Capitalized terms used but herein and otherwise not defined herein shall have the meanings for such terms that are set forth meaning given in the Purchase Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Aei Income & Growth Fund Xxi LTD Partnership)

Capitalized Terms. Capitalized terms used but which are not otherwise defined herein shall have the respective meanings for given to such terms that are set forth in the Purchase Agreement or the Escrow Agreement.

Appears in 1 contract

Samples: Transition Agreement (Town & Country Corp)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for given such terms that are set forth in the Asset Purchase Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Symmetry Medical Inc.)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for ascribed to such terms that are set forth in the Purchase Stockholders Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (EverCommerce Inc.)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall will have the meanings for such terms that are set forth given to them in the Purchase Merchant Agreement or the Program Agreement. If there are any conflicts between the terms of the Merchant Agreement and these Rules, the Merchant Agreement shall govern.

Appears in 1 contract

Samples: Program Agreement (Sears Canada Inc.)

Capitalized Terms. Capitalized terms used but herein that are not defined herein shall have will be ascribed the meanings for meaning given to such terms that are set forth in the Purchase Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (DineEquity, Inc)

Capitalized Terms. Capitalized terms that are used in this Assignment Agreement but are not defined herein shall have the meanings for assigned to such terms that are set forth in the Purchase Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Steel Excel Inc.)

Capitalized Terms. Capitalized terms used but herein and not defined herein shall have the meanings for ascribed to such terms that are set forth in the Share Purchase Agreement.

Appears in 1 contract

Samples: Amendment Agreement (Staffing 360 Solutions, Inc.)

Capitalized Terms. Capitalized All capitalized terms used herein but not defined herein shall have the meanings for ascribed to such terms that are set forth in the Purchase and Sale Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Sunrise Senior Living Inc)

Capitalized Terms. Capitalized terms used herein but not otherwise defined herein shall have the meanings for assigned to such terms that are set forth in the Purchase AgreementOption.

Appears in 1 contract

Samples: Form of Purchase Option Clarification Agreement (TAC Acquisition Corp.)

Capitalized Terms. Capitalized terms used but not otherwise defined herein in this Escrow Agreement shall have the meanings for given such terms that are set forth in the Purchase Agreement.

Appears in 1 contract

Samples: Escrow Agreement (International Wire Group Inc)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings for given such terms that are set forth in the Purchase Agreement.

Appears in 1 contract

Samples: Stockholder Agreement (Trident Microsystems Inc)

Capitalized Terms. Capitalized terms used but and not defined herein shall have the meanings for such terms that are set forth meaning ascribed to them in the Purchase Agreementapplicable Transaction Document.

Appears in 1 contract

Samples: Waiver Agreement (Riptide Worldwide, Inc.)

Capitalized Terms. Capitalized terms used but and not otherwise defined herein shall have the respective meanings for assigned to such terms that are set forth in the Purchase Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Matria Healthcare Inc)

Capitalized Terms. Capitalized terms used but herein and not otherwise defined herein shall have the respective meanings for such terms that are set forth in the Stock Purchase Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Softnet Systems Inc)

Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings meaning for such terms that are set forth in the Purchase Sale Agreement.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Quanex Corp)

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