Conflict of Terms Except as otherwise provided in this Agreement or any of the other Loan Documents by specific reference to the applicable provisions of this Agreement, if any provision contained in this Agreement conflicts with any provision in any of the other Loan Documents, the provision contained in this Agreement shall govern and control.
Terms Defined As used in this Agreement, the following terms have the respective meaning set forth below:
Cumulative Effect; Conflict of Terms The provisions of the Loan Documents are cumulative. The parties acknowledge that the Loan Documents may use several limitations or measurements to regulate similar matters, and they agree that these are cumulative and that each must be performed as provided. Except as otherwise provided in another Loan Document (by specific reference to the applicable provision of this Agreement), if any provision contained herein is in direct conflict with any provision in another Loan Document, the provision herein shall govern and control.
Defined Terms and Rules of Construction Reference is made to the Glossary of Defined Terms and Rules of Construction (as the same may be supplemented, amended or modified, the “Glossary”) attached as Exhibit A to the Indenture. The Glossary is incorporated herein by reference. Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Glossary.
Terms Defined Elsewhere As used in this Agreement, the following capitalized terms are defined in this Agreement as referenced in the following table: Definition Section Agreement Preamble Amendment to the Company Management Agreement Recitals Articles of Merger 2.2(b) Book-Entry Shares 3.3(b)(i) Cancelled Shares 3.1(b)(v) Certificate of Merger 2.2(b) Certificates 3.3(b)(i) Closing 2.2(a) Closing Date 2.2(a) Code Recitals Company Preamble 2 Definition Section Company Additional Dividend Amount 6.19(a) Company Affiliate 9.10(a) Company Board Recitals Company Board Recommendation Recitals Company Change of Recommendation 6.3(b) Company Common Stock 3.1(b)(i) Company Contracts 3.2(b) Company DER Consideration 3.2(b) Company Director Designee 2.6 Company Disclosure Letter Article IV Company Dividend Equivalent Right 3.2(b) Company Material Adverse Effect 4.1(a) Company Permits 4.9 Company Plans 4.10(a) Company SEC Documents 4.5(a) Company Series A Preferred Stock 3.1(b)(iii) Company Series B Preferred Stock 3.1(b)(iii) Company Series C Preferred Stock 3.1(b)(iii) Company Special Committee Recitals Company Stockholders Recitals Company Stockholders Meeting 4.4 Confidentiality Agreement 6.7(b) Creditors’ Rights 4.3(a) Delaware LLC Act 2.1 Delaware Secretary of State 2.2(b) e-mail 9.3 Effective Time 2.2(b) End Date 8.1(b)(ii) Exchange Agent 3.3(a) Exchange Fund 3.3(a) Forfeited Phantom Shares 3.2(a) GAAP 4.5(b) Indemnified Liabilities 6.10(a) Indemnified Persons 6.10(a) Joint Proxy Statement 4.4 Letter of Transmittal 3.3(b)(i) Leverage Covenants 6.1(a)(xiv) Maryland Courts 9.7(b) Maryland Department 2.2(b) Material Company Insurance Policies 4.17 Material Parent Insurance Policies 5.17 Merger Recitals Merger Filings 2.2(b) Merger Sub Preamble Merger Sub Sole Member Recitals Definition Section MGCL 2.1 Operating Partnership 2.1 Parent Preamble Parent Additional Dividend Amount 6.19(b) Parent Affiliate 9.10(b) Parent Board Recitals Parent Board Recommendation 5.3(a) Parent Change of Recommendation 6.4(b) Parent Common Stock Issuance Recitals Parent Contracts 5.16(b) Parent Disclosure Letter Article V Parent Equity Plan 5.2(a) Parent Management Agreement Amendment Recitals Parent Manager Recitals Parent Material Adverse Effect 5.1(a) Parent Permits 5.9 Parent Plans 5.10(a) Parent SEC Documents 5.5(a) Parent Stock Issuance Recitals Parent Stockholders Recitals .pdf 9.5 Per Share Common Merger Consideration 3.1(b)(i) Per Share Preferred Merger Consideration 3.1(b)(iii) Per Share Preferred Series B Merger Consideration 3.1(b)(iii) Per Share Preferred Series C Merger Consideration 3.1(b)(iii) Per Share Preferred Series D Merger Consideration 3.1(b)(iii) Per Share Stock Consideration 3.1(b)(i) Phantom Share Consideration 3.2(a) Qualified REIT Subsidiary 4.1(b) Qualifying Income 8.3(i)(i) Registration Statement 4.8 REITs Recitals Remedial Measures 6.1(b)(xiv) Surviving Company 2.1 Taxable REIT Subsidiary 4.1(b) Terminable Breach 8.1(b)(iii) Transaction Litigation 6.15 Transactions Recitals Vesting Phantom Shares 3.2(a)
Defined Terms As used in this Agreement, the following terms have the meanings specified below:
Definitions and Rules of Construction 1.1 Unless otherwise defined herein, the following capitalized terms shall have the following meanings:
Defined Terms; References Unless otherwise specifically defined herein, each term used herein which is defined in the Credit Agreement has the meaning assigned to such term in the Credit Agreement. Each reference to "hereof", "hereunder", "herein" and "hereby" and each other similar reference and each reference to "this Agreement" and each other similar reference contained in the Credit Agreement shall, after this Amendment becomes effective, refer to the Credit Agreement as amended hereby.
Definitions For purposes of this Agreement:
Defined Terms Used in this Agreement In addition to the terms defined above, the following terms used in this Agreement shall be construed to have the meanings set forth or referenced below.
