Index to Defined Terms. Each of the following terms is defined on the page of this Agreement set forth opposite such term:
Index to Defined Terms. This index is included for convenience only and does not constitute a part of the agreement Term Section A&R Charter Proposal 5.1(b) Acquisition Proposal 4.4(d) Action Exhibit A Additional Forfeited Shares 1.9(a) Additional Proposal 5.1(b) Affiliate Exhibit A Agreement Preamble Ancillary Agreements Exhibit A Antitrust Law Exhibit A Approvals 2.1(a) Assets 2.10 BCMA 1.11 BCMA Amendment Agreement 1.11 BRAC Exhibit A BRPA Preamble BRPA A&R Bylaws Recital G BRPA A&R Charter Recital F BRPA Affiliate Agreement 3.20 BRPA Audited Financial Statements 3.7(b) BRPA Board 3.4(b) BRPA Board Recommendation 5.1(f) BRPA Borrowings 5.12 BRPA Change in Recommendation 5.1(f) BRPA Competing Transactions 4.4(a) BRPA Common Stock Exhibit A BRPA Contracts 3.18(a) BRPA Cure Period 7.1(e) BRPA Financial Statements 3.7(b) BRPA Lenders Exhibit A BRPA Material Adverse Effect Exhibit A BRPA Plan 5.15 BRPA Plan Proposal 5.1(b) BRPA Preferred Stock Exhibit A BRPA Rights Exhibit A BRPA Schedules Article III BRPA SEC Reports 3.7(a) BRPA Securities Exhibit A BRPA Stockholder Approval 3.4(c) BRPA Stockholder Matters 5.1(b) BRPA Stockholders Exhibit A BRPA Unaudited Financial Statements 3.7(b) BRPA Units Exhibit A Term Section BRPA Warrants Exhibit A Business Combination Exhibit A Business Day Exhibit A CARES Act 2.8(f) Cash and Cash Equivalents Exhibit A Certificate of Merger 1.1 Charter Documents Exhibit A Closing 1.5 Closing Date 1.5 Code Recital H Company Preamble Company Annual Financial Statements 2.8(a)(i) Company Antidepressant Drug Regimen Exhibit A Company Board 2.28 Company Board Recommendation 5.16 Company Certificate of Incorporation Exhibit A Company Common Stock Exhibit A Company Competing Transactions 4.4(b) Company Contracts 2.21(a) Company COVID-19 Drug Exhibit A Company Cure Period 7.1(e) Company Schedule Article II Company Financial Statements 2.8(a)(ii) Company Intellectual Property Exhibit A Company Interim Financial Statements 2.8(a)(ii) Company IP Registrations 2.19(b) Company Material Adverse Effect Exhibit A Company Preferred Stock Exhibit A Company Products Exhibit A Company Schedules Article II Company Series A Preferred Stock Exhibit A Company Series B Preferred Stock Exhibit A Company Series B-1 Preferred Stock Exhibit A Company Series B-1A Preferred Stock Exhibit A Company Series B-2 Preferred Stock Exhibit A Company Stock Exhibit A Company Stock Options Exhibit A Company Stockholder Exhibit A Company Stockholder Agreements Exhibit A Company Stockholder Approva...
Index to Defined Terms. For ease of reference, there follows a list of defined terms, which identifies the place in this Agreement where each such term is defined: Defined Term Defined At: [**********] 3.2(b) Additional Facilities Costs 1.6(c) Additional Transponders 3.2(c) Affiliate 1.4(b) Agreement Preamble Approved Companies 1.4(b) Approved Participating Companies 1.4(b) [**********] 3.1 [************************************************] 3.2(a) Beam Preamble Brazil Agreement Preamble [******************] 16.1(a)(i) [**************] 16.1(a)(ii) Catastrophic Failure 7.1(B)(i) Collateral Documents 10.2(a) [**********************] 16.1(g) Comparable Beam 2.2(h) Condition Subsequent to PAS-6B Service Rate Preamble Confirmed Basis 5.3 Control 1.4(b) [***] 1.1(a)(ii) Current Guarantors 17.1 Customer Company 1.4(c) Customer Preamble Customer's DTH Service 1.4(b) Customer's Offer 16.1(a)(v) Customer-Provided Facilities 4.2 Decision Period 16.1(b) [***************] 3.2(c) Deposit 3.1 Disclosure Schedule 12.4 [***] Filed separately with the Commission pursuant to a request for confidential treatment.
Index to Defined Terms. For ease of reference, there follows a list of defined terms, which identifies the place in this Agreement where each such term is defined: Defined Term Defined At:
Index to Defined Terms ii Premises, Term, and Initial Improvements...................................................... 1
Index to Defined Terms. 45 AGREEMENT AND PLAN OF MERGER AGREEMENT AND PLAN OF MERGER (the "AGREEMENT"), dated as of May 4, 2000, by and among Funco, Inc., a Minnesota corporation ("COMPANY"), Xxxxxx & Xxxxx, Inc., a Delaware corporation ("PARENT"), and B&N Acquisition Corporation, a Minnesota corporation and a wholly-owned indirect subsidiary of Parent ("PURCHASER" and, together with Company, hereinafter sometimes referred to as the "CONSTITUENT CORPORATION(S)").
Index to Defined Terms. The definition of each of the following defined terms is contained in the sections of this Agreement set forth below: Cross Reference DEFINED TERM IN AGREEMENT ------------ ------------
Index to Defined Terms. For ease of reference, there follows a list of defined terms, which identifies the place in this Agreement where each such term is defined: Defined Term Defined At: Additional Amounts 3.5(a) Additional Facilities Costs 1.6(b) Affiliate 1.4(b) Agreement Preamble Amortization Schedule 3.1(b) Approved Companies 1.4(b) Approved Participating Companies 1.4(b) Availability Date 1.1A [***] Filed separately with the Commission pursuant to a request for confidential treatment.
Index to Defined Terms. Each of the following terms is defined on the page of this Agreement set forth opposite such term: Defined Term Page Acquisition Proposal 17 Adverse Condition 21 Agreement 1 AMF 1 AMI 1 By-Laws 8 Certificate 9 Change of Recommendation 18 Charter 8 Closing 7 Closing Date 7 Company 1 Company Approvals 13 Company Disclosure Letter 13 Company ESPP 12 Company Insurance Subsidiaries 22 Company Option 12 Company Recommendation 13 Costs 22 D&O Insurance 23 Delaware Certificate of Merger 7 DGCL 7 Dissenting Stockholders 8 Effective Time 8 Exchange Fund 9 Excluded Shares 8 Indemnified Parties 22 Merger 1 Merger Sub 1 Merger Sub Stock 15 Mutual Group 1 Mutual Group Approvals 15 Mutual Group Disclosure Letter 14 Order 26 Paying Agent 9 Per Share Merger Consideration 8 Proxy Statement 19 Restricted Share 12 Schedule 13E-3 19 Share 8 Special Committee 1 Stockholders Meeting 19 Superior Proposal 17 Superior Proposal Change of Recommendation 18 Surviving Corporation 7 Termination Date 27
Index to Defined Terms. 43 (iii) AGREEMENT AND PLAN OF MERGER AGREEMENT AND PLAN OF MERGER (the "AGREEMENT"), dated as of March 31, 2000, by and among Funco, Inc., a Minnesota corporation ("COMPANY"), Electronics Boutique Holdings Corp., a Delaware corporation ("PARENT"), and EB Acquisition Corporation, a Minnesota corporation and a wholly-owned subsidiary of Parent ("PURCHASER" and, together with Company, hereinafter sometimes referred to as the "CONSTITUENT CORPORATION(S)").
