DEFINITIONS ADDENDUM. This Definitions Addendum is an attachment to and part of that certain LOAN AGREEMENT ("Loan Agreement") dated as of March 21, 2002 between OptiMark Holdings, Inc. and Softbank Capital Partners LP, Softbank Capital Advisors Fund LP, and Softbank Capital LP. Except as otherwise stated in the Loan Agreement, the following terms shall have the following meanings:
DEFINITIONS ADDENDUM. Schedule 2.1(b) Subsidiaries and Other Ownership Schedule 2.1(c) Agreements with Respect to Stock Schedule 2.4 Licenses Schedule 2.5 Real Property Schedule 2.6 Personal Property Schedule 2.7(a) Contracts Schedule 2.7(b) Programming Agreements Schedule 2.8 Consents Schedule 2.9 Intellectual Property Schedule 2.10 Audited Financial Statements Schedule 2.11 Insurance Schedule 2.13(a) Employees Schedule 2.13(b) Employee Benefit Plans Schedule 2.13(d) Withdrawal Liability Schedule 2.14 Strikes, Work Stoppages or Grievance Proceedings Schedule 2.15 Tax Returns and Audits Schedule 2.16 Claims and Legal Actions Schedule 2.19 Related Entities Schedule 2.22 Restrictions on Competition Schedule 2.23 Cable Carriage Schedule 4.1(a)(vii) Changes to Real Property Schedule 4.1(a)(xiv) Charter Documents EXHIBITS Exhibit A Selling Shareholders Exhibit B Tax Escrow Agreement Exhibit C Non-Competition Exhibit D Broadcast Signal Encoding Agreement Exhibit E Management Agreement Exhibit F Form of Opinion of Counsel to Company and Selling Shareholders Exhibit F-1 Form of Opinion of FCC Counsel to Company Exhibit G Form of Opinion of Counsel to Purchaser Exhibit H Form of Secured Promissory Note Exhibit H-1 Form of Letter of Credit
DEFINITIONS ADDENDUM. Defined terms used in this Agreement and not specifically defined herein shall have the meanings set forth in the Definitions Addendum attached hereto, which is incorporated herein by this reference. Any reference in this Agreement to this Agreement or any other agreement is a reference to such agreement as the same may be amended or amended and restated from time to time.
DEFINITIONS ADDENDUM. For purposes of this Agreement, the following terms shall have the definitions assigned to them. Words used in this Agreement in the singular, where the context so permits, shall be deemed to include the plural and vice versa.
DEFINITIONS ADDENDUM. This Addendum is attached to, incorporated into and forms an integral part of, that certain Loan Agreement dated as of October 4, 2004, by and between WASHINGTON MUTUAL BANK, FA and BEHRINGER HARVARD 1221 XXXX XX, a Texas limited partnership, as if the following terms and provisions were set forth in full in the body thereof: The following terms shall have the following meanings:
DEFINITIONS ADDENDUM. JUDICIAL REFERENCE: defined in Section 6.6(e) of this Sublease. LANDLORD’S MATERIALS: defined in Section 6.12(d)(ii) of this Sublease. LATE CHARGES: defined in Section 3.5(c) of this Sublease. LAWS: all of the following to the extent (i) applicable to the Site, the Improvements or any activity under this Sublease, (ii) binding and enforceable and (iii) promulgated, adopted, approved or enacted by a Governmental Authority: present and future state of California, federal and local laws, orders, ordinances, regulations, statutes, requirements, codes and executive orders, including, without limitation, the ADA, and any law of like import, and all rules, regulations and government orders with respect thereto, including without limitation any of the foregoing relating to Hazardous Materials, environmental matters (including, but not limited to, Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), the Resource Conservation and Recovery Act (“RCRA”), the Clean Air Act, the Clean Water Act, Oil Pollution Act, the Toxic Substances Control Act and comparable and supplemental California laws), the California Coastal Act, CEQA, the Public Trust Doctrine, public health and safety matters and landmarks protection, as any of the same now exist or may hereafter be adopted or amended. Said Laws shall include, but are not limited to, the Laws enacted by the San Diego Unified Port District Act, such as Article 10 of the San Diego Unified Port District Code; the PMP; the policies of the BPC; any applicable ordinances of the city in which the Site is located, including the building code thereof, and any permits and approvals by any Governmental Authority, the City, and the Port, including, without limitation, any California Coastal Development Permit, applicable to the Site or the use or development thereof. LEASE PAYMENTS: the scheduled rental payments to be made by the City to the JEPA pursuant to Section 4.4(a) of the Facility Lease. LEASE PERIOD: any of the following: First (1st) Lease Period: Lease Years 1 – 18 Second (2nd) Lease Period: Lease Years 19 – 23 Third (3rd) Lease Period: Lease Years 24 – 37 LEASE YEAR: each period of twelve (12) consecutive months commencing on the Commencement Date and each successive twelve (12) month period thereafter during the Term.
DEFINITIONS ADDENDUM. LEASEHOLD AWARD: defined in Section 5.1(g)(i) of this Sublease. LETTER OF CREDIT: defined in Section 3.12(b) of this Sublease. LOAN DOCUMENT / LOAN DOCUMENTS: defined in the Ground Lease. MAJOR ALTERATIONS: defined in Section 6.10(a) of this Sublease. MANAGEMENT INCENTIVE FEE: defined in Exhibit B-2 attached to this Sublease. MATERIAL EXACERBATION / MATERIALLY EXACERBATE/ MATERIALLY EXACERBATED: MAXIMUM INCENTIVE FEE PERCENTAGE: any material increase in the cost or amount of investigation, removal or remediation action required. defined in Exhibit B-2 attached to this Sublease. MEET & CONFER PERIOD: defined in Section 6.13(e) of this Sublease. MEETING SPACE: defined in Section 5.4.1(b) of the Ground Lease.
DEFINITIONS ADDENDUM. This Definitions Addendum is an attachment to and part of that certain Series B Preferred Stock Purchase Agreement (the "PURCHASE AGREEMENT") dated as of December 17, 2001 between PEOPLEPC INC. and the purchasers named therein. Except as otherwise stated in the Purchase Agreement, the following terms shall have the following meanings:
DEFINITIONS ADDENDUM. EXHIBIT A: FIAT VOTING TRUST PALOALTO 54549 9 SHAREHOLDERS AGREEMENT This SHAREHOLDERS AGREEMENT, dated as of [ ], 2009 (this "Agreement"), by and among [FIAT NEWCO], a corporation organized under the laws of Delaware ("Fiat"), [THE UNITED STATES DEPARTMENT OF THE TREASURY ("US Treasury")], CANADA DEVELOPMENT INVESTMENT CORPORATION ("Canada"), UAW RETIREE MEDICAL BENEFITS TRUST, a voluntary employees' beneficiary association trust (the "VEBA"), NEW CARCO ACQUISITION LLC, a Delaware limited liability company (the "Company"), and those other persons or entities whose signatures appear below.
DEFINITIONS ADDENDUM. This Definitions Addendum is an attachment to and part of that certain Commercial Loan Agreement dated as of December 1, 1997 ("Agreement"). Except as otherwise stated in the Agreement, the following terms shall have the following meanings:
