to any definition

to any subsidiary" or "subsidiaries" of the Borrower shall not under any circumstances include Mexrail, Grupo TFM or any subsidiary of Mexrail or Grupo TFM."
to any. Material Adverse Effect" or other materiality qualifications, or any similar qualifications, contained or incorporated directly or indirectly in such representations and warranties), and shall be accurate in all material respects as of the Scheduled Closing Time as if made at the Scheduled Closing Time (without giving effect to any update to the Disclosure Schedule, and without giving effect to any "Material Adverse Effect" or other materiality qualifications, or any similar qualifications, contained or incorporated directly or indirectly in such representations and warranties).
to any. Section" means a "Section" of this Agreement, and the section headings in this Agreement are for purposes of reference only and shall not limit or define the meaning hereof.

Related to to any

  • as to any Person means, without duplication, (i) any contingent obligation of such Person required to be shown on such Person's balance sheet in accordance with GAAP, and (ii) any obligation required to be disclosed in the footnotes to such Person's financial statements, guaranteeing partially or in whole any Non-Recourse Indebtedness, lease, dividend or other obligation, exclusive of contractual indemnities (including, without limitation, any indemnity or price-adjustment provision relating to the purchase or sale of securities or other assets) and guarantees of non-monetary obligations (other than guarantees of completion) which have not yet been called on or quantified, of such Person or of any other Person. The amount of any Contingent Obligation described in clause (ii) shall be deemed to be (a) with respect to a guaranty of interest or interest and principal, or operating income guaranty, the Net Present Value of the sum of all payments required to be made thereunder (which in the case of an operating income guaranty shall be deemed to be equal to the debt service for the note secured thereby), calculated at the Applicable Interest Rate, through (i) in the case of an interest or interest and principal guaranty, the stated date of maturity of the obligation (and commencing on the date interest could first be payable thereunder), or (ii) in the case of an operating income guaranty, the date through which such guaranty will remain in effect, and (b) with respect to all guarantees not covered by the preceding clause (a), an amount equal to the stated or determinable amount of the primary obligation in respect of which such guaranty is made or, if not stated or determinable, the maximum reasonably anticipated liability in respect thereof (assuming such Person is required to perform thereunder) as recorded on the balance sheet and on the footnotes to the most recent financial statements of Borrower required to be delivered pursuant to Section 4.4 hereof. Notwithstanding anything contained herein to the contrary, guarantees of completion shall not be deemed to be Contingent Obligations unless and until a claim for payment or performance has been made thereunder, at which time any such guaranty of completion shall be deemed to be a Contingent Obligation in an amount equal to any such claim. Subject to the preceding sentence, (i) in the case of a joint and several guaranty given by such Person and another Person (but only to the extent such guaranty is recourse, directly or indirectly to Borrower), the amount of the guaranty shall be deemed to be 100% thereof unless and only to the extent that such other Person has delivered Cash or Cash Equivalents to secure all or any part of such Person's guaranteed obligations and (ii) in the case of a guaranty (whether or not joint and several) of an obligation otherwise constituting Indebtedness of such Person, the amount of such guaranty shall be deemed to be only that amount in excess of the amount of the obligation constituting Indebtedness of such Person. Notwithstanding anything contained herein to the contrary, "Contingent Obligations" shall be deemed not to include guarantees of Unused Commitments or of construction loans to the extent the same have not been drawn. All matters constituting "Contingent Obligations" shall be calculated without duplication.

  • NY is the Remaining Unexpired Employment Period expressed as a number of years (rounded, if such period is not a whole number, to the next highest whole number); and

  • with respect to any Person means any security, right, subscription, warrant, option, "phantom" stock right or other Contract (other than such Person's preferred stock) that gives the right to (a) purchase or otherwise receive or be issued any shares of capital stock or other equity interests of such Person or any security of any kind convertible into or exchangeable or exercisable for any shares of capital stock or other equity interests of such Person or (b) receive any benefits or rights similar to any rights enjoyed by or accruing to the holder of shares of capital stock or other equity interests of such Person.

  • Public Xxxxxx shall have the meaning assigned to such term in Section 10.01(d).

  • Annexure means the Annexure to the terms and conditions.

  • TX means Texas

  • Cost of attendance means an estimate of the student’s educational expenses for the period of enrollment and includes tuition and fees, room and board, books, supplies, transportation, loan fees, and if applicable, dependant care and costs related to disability.

  • Van Xxxxxx Xxxrican Capital Tax Free High Income Fund ("Tax Free High Income Fund") Van Xxxxxx Xxxrican Capital California Insured Tax Free Fund ("California Insured Tax Free Fund") Van Xxxxxx Xxxrican Capital Municipal Income Fund ("Municipal Income Fund") Van Xxxxxx Xxxrican Capital Intermediate Term Municipal Income Fund (Intermediate Term Municipal Income Fund") Van Xxxxxx Xxxrican Capital Florida Insured Tax Free Income Fund ("Florida Insured Tax Free Income Fund") Van Xxxxxx Xxxrican Capital New Jersey Tax Free Income Fund ("New Jersey Tax Free Income Fund") Van Xxxxxx Xxxrican Capital New York Tax Free Income Fund ("New York Tax Free Income Fund") Van Xxxxxx Xxxrican Capital California Tax Free Income Fund ("California Tax Free Income Fund") Van Xxxxxx Xxxrican Capital Michigan Tax Free Income Fund ("Michigan Tax Free Income Fund") Van Xxxxxx Xxxrican Capital Missouri Tax Free Income Fund ("Missouri Tax Free Income Fund") Van Xxxxxx Xxxrican Capital Ohio Tax Free Income Fund ("Ohio Tax Free Income Fund")

  • Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

  • Halfway house means a facility licensed by the division of parole and community services of the department of rehabilitation and correction pursuant to section 2967.14 of the Revised Code as a suitable facility for the care and treatment of adult offenders.

  • by Xxxxx x and "F1" by Fitch and whose long-term, unsecured and unsubordinated debt obligations are then rated not less than "AA-" by S&P, "A1" by Xxxxx'x and "A+" by Fitch (or its equivalent by any substitute rating agency);

  • Addition (to an existing building means an extension or increase in the floor area or height of a building or structure.

  • Annexure D means, if applicable to services rendered at JOBURG MARKET’s premises by the Contractor, the Occupational Health and Safety Act Agreement entered into between the Parties in terms of section 37(2) of that Act.

  • Tonne means metric tonne (1000 kilograms.)

  • Xx. Xxxx xxxxx Xxxxxx Xxxxxx generally accepted accounting principles, as in effect from time to time, consistently applied.

  • X.X. Xxxxxx shall have the meaning set forth in the preamble.

  • Dekatherm (dt) shall mean on million British Thermal Units and is synonymous to the term MMBTU.

  • XX Xxxxx “Xxx Xxxxxxx”

  • TSS means total suspended solids.

  • Xxx Xxxxxx Xxxxxx Xxxxxxx” ”Xxxxx Xxxxxxx”

  • Xxx Xxxxxxx “Xxxxx Xxxxxxx” “Xxxxx Xxxxx”

  • Xxxxxxx Xxx 0000 means the Xxxxxxx Xxx 0000 and any subordinate legislation made under that Act from time to time together with any guidance or codes of practice issued by the relevant government department concerning the legislation.

  • XXX Xxx means the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended.

  • IL means Illinois

  • Xxx Xxxxxxxx “Xxxxx Xxxxxxx”

  • Xxx Xxxxx Per: (signed) “Xxxxxxxxxxx X. Xxxxxxx” Xx. Xxx Xxxxx Xxxxxxxxxxx X. Xxxxxxx Chairman and Chief Executive Officer President and Chief Executive Officer of Vasogen Inc. Xxxxxx and accepted as of the 17th day of August, 2009. SIGNED, SEALED AND DELIVERED ) in the presence of: )