DEFINITIONS; CONSTRUCTION 1 Sample Clauses

DEFINITIONS; CONSTRUCTION 1. Section 1.1. Definitions 1 Section 1.2. Classifications of Loans and Borrowings 25 Section 1.3. Accounting Terms and Determination 25 Section 1.4. Terms Generally 26
View SourceView Similar (3)
DEFINITIONS; CONSTRUCTION 1. Section 1.1 Definitions 1 Section 1.2 Classifications of Loans and Borrowings 27
View Source
DEFINITIONS; CONSTRUCTION 1. SECTION 1.1DEFINITIONS 1 SECTION 1.2OTHER DEFINITIONAL PROVISIONS 5 SECTION 1.3ACCOUNTING TERMS AND PRINCIPLES. 6 SECTION 2.1SUBORDINATED LOAN COMMITMENT 6 SECTION 2.2BORROWING PROCEDURE 6 SECTION 2.3OPTIONAL REDUCTION AND TERMINATION OF SUBORDINATED LOAN COMMITMENT 6 SECTION 2.4REPAYMENT OF SUBORDINATED LOANS 7 SECTION 2.5PREPAYMENT. 7 SECTION 2.6INTEREST ON SUBORDINATED LOANS. 7 SECTION 2.7COMPUTATION OF INTEREST 8 SECTION 2.8PAYMENTS GENERALLY. 8 SECTION 3.1CONDITIONS TO EFFECTIVENESS 8 SECTION 3.2CONDITIONS TO MAKING OF EACH SUBORDINATED LOAN 9 SECTION 4.1FINANCIAL CONDITION 9 SECTION 4.2NO CHANGE 10 SECTION 4.3CORPORATE EXISTENCE; COMPLIANCE WITH LAW 10 SECTION 4.4LIMITED PARTNERSHIP POWER; AUTHORIZATION; ENFORCEABLE OBLIGATIONS 10 SECTION 4.5NO LEGAL BAR 10 SECTION 4.6NO MATERIAL LITIGATION 10 SECTION 4.7NO DEFAULT 10 SECTION 4.8OWNERSHIP OF PROPERTY 11 SECTION 4.9USE OF PROCEEDS 11 SECTION 4.10MARGIN REGULATIONS 11 SECTION 4.11INVESTMENT COMPANY ACT 11 SECTION 5.1NOTICE OF DEFAULT 11 SECTION 6.1EVENTS OF DEFAULT 11 SECTION 7.1NOTICES. 13 SECTION 7.2WAIVER; AMENDMENTS 14 SECTION 7.3EXPENSES; INDEMNIFICATION. 14 SECTION 7.4SUCCESSORS AND ASSIGNS 15 SECTION 7.5GOVERNING LAW 15
View Source
DEFINITIONS; CONSTRUCTION 1. Section 1.1. Definitions 1 Section 1.2. Classifications of Loans and Borrowings 37 Section 1.3. Accounting Terms and Determination 37 Section 1.4. Terms Generally 38 Section 1.5. Divisions 38 Section 1.6. LIBOR 38 Section 2.1. General Description of Facilities 39 Section 2.2. Revolving Loans 39 Section 2.3. Procedure for Borrowings 39 Section 2.4. Swingline Commitment. 40 Section 2.5. Extension Option. 41 Section 2.6. Funding of Borrowings 42 Section 2.7. Interest Elections 42 Section 2.8. Optional Reduction and Termination of Commitments 43 Section 2.9. Repayment of Loans 44 Section 2.10. Evidence of Indebtedness 44 Section 2.11. Optional Prepayments 44 Section 2.12. Mandatory Prepayments 45 Section 2.13. Interest on Loans 45 Section 2.14. Fees 46 Section 2.15. Computation of Interest and Fees 47 Section 2.16. Inability to Determine Interest Rates 47 Section 2.17. Illegality 49 Section 2.18. Increased Costs 49 Section 2.19. Funding Indemnity 50 Section 2.20. Taxes 51 Section 2.21. Payments Generally; Pro Rata Treatment; Sharing of Set-offs 54 Section 2.22. Letters of Credit 55 Section 2.23. Increase of Commitments; Incremental Term Loans; Additional Lenders 59 Section 2.24. Mitigation of Obligations 62 Section 2.25. Replacement of Lenders 62 Section 2.26. Defaulting Lenders 62 Section 2.27. A-4 Term Loans 65 Section 2.28. A-2 and A-3 Term Loans 66
View Source

Related to DEFINITIONS; CONSTRUCTION 1

  • Definitions Construction (a) All initially capitalized terms used herein (including in the preamble and recitals hereof) without definition shall have the meanings ascribed thereto in the Credit Agreement (including Schedule 1.1 thereto). Any terms (whether capitalized or lower case) used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein or in the Credit Agreement; provided that to the extent that the Code is used to define any term used herein and if such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern. In addition to those terms defined elsewhere in this Agreement, as used in this Agreement, the following terms shall have the following meanings:

  • Terms of AAU; Certain Definitions; Construction Each AAU will relate to an Offering, and will identify: (i) the securities to be offered in the Offering (the “Securities”), their principal terms, the issuer or issuers (each, an “Issuer”) and any guarantor (each, a “Guarantor”) thereof, and, if different from the Issuer, the seller or sellers (each, a “Seller”) of the Securities, (ii) the underwriting agreement, purchase agreement, standby underwriting agreement, distribution agreement, or similar agreement (as identified in such AAU and as amended or supplemented, including a terms agreement or pricing agreement pursuant to any of the foregoing, collectively, the “Underwriting Agreement”) providing for the purchase, on a several and not joint basis, of the Securities by the several underwriters, initial purchasers, or others acting in a similar capacity (the “Underwriters”) on whose behalf the Manager (as defined below) executes the Underwriting Agreement, and whether such agreement provides for: (x) an option to purchase Additional Securities (as defined below) to cover sales of shares in excess of the number of Firm Securities (as defined below), or (y) an offering in multiple jurisdictions or markets involving two or more syndicates (an “International Offering”), each of which will offer and sell Securities subject to such restrictions as may be specified in any Intersyndicate Agreement (as defined below) referred to in such AAU, (iii) the price at which the Securities are to be purchased by the several Underwriters from any Issuer or Seller thereof (the “Purchase Price”), (iv) the offering terms, including, if applicable, the price or prices at which the Securities initially will be offered by the Underwriters (the “Offering Price”), any selling concession to dealers (the “Selling Concession”), reallowance (the “Reallowance”), management fee, global coordinators’ fee, praecipium, or other similar fees, discounts, or commissions (collectively, the “Fees and Commissions”) with respect to the Securities, and (v) other principal terms of the Offering, which may include, without limitation: (A) the proposed or actual pricing date (“Pricing Date”) and settlement date (the “Settlement Date”), (B) any contractual restrictions on the offer and sale of the Securities pursuant to the Underwriting Agreement, Intersyndicate Agreement, or otherwise, (C) any co-managers for such Offering (the “Co-Managers”), (D) your proposed participation in the Offering, and (E) any trustee, fiscal agent, or similar agent (the “Trustee”) for the indenture, trust agreement, fiscal agency agreement, or similar agreement (the “Indenture”) under which such Securities will be issued.

  • Captions; Construction The table of contents, captions, headings and titles in this Lease are solely for convenience of reference and shall not affect its interpretation. This Lease shall be construed without regard to any presumption or other rule requiring construction against the party causing this Lease to be drafted. Each covenant, agreement, obligation or other provision of this Lease on Tenant’s part to be performed, shall be deemed and construed as a separate and independent covenant of Tenant, not dependent on any other provision of this Lease.

  • Defined Terms Construction 1.01 Defined Terms 1.02 Construction 2.01 Loan Terms 2.02 Prepayment Premium 2.03 Exculpation 2.04 Application of Payments 2.05 Usury Savings 2.06 Floating Rate Mortgage - Third Party Cap Agreement 3.01 Security Instrument

  • Definitions and Construction 1 1.1 Definitions.....................................................................................1 1.2