在甲方按以上第1. 1条行权后，甲方可以直接以2018年9月29日股东与甲方签订《借款合同》中股东的相应借款抵消股权转让价款。除上述外，股东承诺其所取得的全部股权转让价款（如有）交回至甲方指定银行账户；
在甲方按以上第1 Sample Clauses
Related to 在甲方按以上第1
Section References All section references, unless otherwise indicated, shall be to Sections in this Agreement.
Definitions; References Unless otherwise defined in this Agreement, each term used in this Agreement which is defined in the Credit Agreement has the meaning assigned to such term in the Credit Agreement.
Reference In the event of the Executive’s death or a judicial determination of his incompetence, reference in this Agreement to the Executive shall be deemed, where appropriate, to refer to his estate or other legal representative.
Titles; References All references in this Deposit Agreement to exhibits, articles, sections, subsections, and other subdivisions refer to the exhibits, articles, sections, subsections and other subdivisions of this Deposit Agreement unless expressly provided otherwise. The words "this Deposit Agreement", "herein", "hereof", "hereby", "hereunder", and words of similar import refer to the Deposit Agreement as a whole as in effect between the Company, the Depositary and the Holders and Beneficial Owners of ADSs and not to any particular subdivision unless expressly so limited. Pronouns in masculine, feminine and neuter gender shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa unless the context otherwise requires. Titles to sections of this Deposit Agreement are included for convenience only and shall be disregarded in construing the language contained in this Deposit Agreement. References herein to the laws of the United Kingdom shall include references to the laws, rules and regulations of United Kingdom and any and all communities, provinces and states thereof.
Definitions and Interpretive Provisions In this Agreement:
Definitions of Terms The terms defined in this Section (except as in this Indenture or any indenture supplemental hereto otherwise expressly provided or unless the context otherwise requires) for all purposes of this Indenture and of any indenture supplemental hereto shall have the respective meanings specified in this Section and shall include the plural as well as the singular. All other terms used in this Indenture that are defined in the Trust Indenture Act of 1939, as amended, or that are by reference in such Act defined in the Securities Act of 1933, as amended (except as herein or any indenture supplemental hereto otherwise expressly provided or unless the context otherwise requires), shall have the meanings assigned to such terms in said Trust Indenture Act and in said Securities Act as in force at the date of the execution of this instrument.
Table of Definitions The following terms have the meanings set forth in the Sections referenced below: Definition Location Acquiror Preamble Acquiror Indemnified Parties 9.2(a) Affected Employees 5.7(a) Agreement Preamble Antitrust Laws 5.9(b) Balance Sheet 3.6(a) Balance Sheet Date 3.6(a) Bylaws 2.4 Cap 9.3(a) Cash-Through Amount 2.2(a) Certificate of Incorporation 2.4 Definition Location Certificate of Merger 2.2(b) Certificates 2.10(d) Claim Notice 9.5(a) Closing 2.2(a) Closing Balance Sheet 2.14(c) Closing Date 2.2(a) Closing Estimate 2.14(a) Closing Working Capital 2.14(b) Company Preamble Company Fundamental Representations 9.1 Confidentiality Agreement 5.8 D&O Indemnified Liabilities 5.12(a) D&O Indemnified Parties 5.12(a) Damages 9.2(a) Debt Commitment Letter 4.5 Debt Financing 4.5 Deductible 9.3(a) Delivery Date 2.14(c) DGCL Recitals Disclosure Schedules Article III Dispute 2.15(a) Dispute Notice 9.5(b), 2.15(a) Dispute Period 2.15(a) Disputed Return 6.4 Dissenting Shares 2.8 Effective Time 2.2(b) Employee Plans 3.10(a) Environmental Laws 3.16(b) Environmental Permits 3.16(b) Equity Commitment Letter 4.5 ERISA 3.10(a) Escrow Agent 7.1(c) Estimated Closing Working Capital 2.14(a) Expiration Date 9.1 Financial Statements 3.6(a) Hazardous Substances 3.16(b) Indemnified Party 9.5(a) Indemnitor 9.5(a) Indemnity Escrow Agreement 7.1(c) J.A.M.S. Rules 10.18(a) Letter of Transmittal 2.10(d) Majority Holders 2.13(b)
Lease Terms Except where a Railcar is being conveyed on a Closing Date and the related Series Supplement references this Section 5.01(w) and permits an exception hereto, each Railcar Conveyed on the relevant Delivery Date is subject to a Permitted Lease, which Lease (together with the other Leases that are or have been the subject of such Conveyances) contains rental and other terms which are no different, taken as a whole, from those for similar railcars in the Servicer’s Fleet.
Fixed Interest Rate Annual interest rate shall be /% and will not change during the duration.
INDEX OF DEFINED TERMS Acquiror 1 Acquiror Bank 62 Acquiror Benefit Plan 62 Acquiror Board 62 Acquiror Bylaws 62 Acquiror Capital Stock 62 Acquiror Capitalization Date 30 Acquiror Certificate of Incorporation 61 Acquiror Common Stock 62 Acquiror Disclosure Schedules 70 Acquiror ERISA Affiliate 62 Acquiror Financial Statements 31 Acquiror Preferred Stock 30 Acquiror SEC Reports 62 Acquiror Stock Issuance 62 Acquisition Proposal 62 Affiliate 63 Agreement 1 Applicable Mortgage Business Requirements 63 Articles of Merger 2 Bank 63 Bank Merger 63 Business Day 63 Call Report 63 Certificate of Merger 2 CIC Payment 49 Closing 2 Closing Acquiror Common Stock Price 63 Closing Date 2 Code 63 Company 1 Company Adverse Recommendation 39 Company Articles of Incorporation 63 Company Benefit Plan 63 Company Board 64 Company Bylaws 64 Company Capital Stock 64 Company Capitalization Date 9 Company Common Stock 64 Company Disclosure Schedules 70 Company Employees 37 Company ERISA Affiliate 64 Company Financial Statements 10 Company Investment Securities 27 Company Loans 13 Company Material Contract 22 Company Permitted Exceptions 12 Company Real Estate 64 Company Shareholder Approval 64 Company Shareholders’ Meeting 39 Company Stock Certificates 5 Confidentiality Agreement 34 Consulting Agreement 40 Contemplated Transactions 64 Contract 64 Control,” ”Controlling” or ”Controlled 64 Conversion Fund 5 Covered Employees 48 CRA 64 Deposit Insurance Fund 65 Derivative Transactions 65 DGCL 65 Dissenters’ Shares 6 DOL 65 Effective Time 2 Environment 65 Environmental Laws 65 ERISA 65 Exchange Act 65 Exchange Agent 4 Existing D&O Policy 45 FDIC 65 Federal Reserve 65 GAAP 65 Hazardous Materials 65 IBCA 65 Immediate Family Member 65 Indemnified Party 44 IRS 66 Knowledge 66 Legal Requirement 66 Letter of Transmittal 5 Lien 66 Material Adverse Effect 66 Merger 1 MergerCo 1 Mid-Tier Merger 1 Mid-Tier Merger Agreement 3 Mortgage Agency 67 Mortgage Loan 67 NASDAQ Rules 67 New Plans 49 viii Old Plans 49 Order 67 Ordinary Course of Business 67 OREO 67 Outstanding Company Shares 67 PBGC 67 Per Share Cash Consideration 4 Per Share Merger Consideration 3 Per Share Stock Consideration 4 Person 67 Previously Disclosed 70 Proceeding 68 Proxy Statement 68 Registration Statement 68 Regulatory Authority 68 Remediation Cost 68 Representative 68 Requisite Regulatory Approvals 68 Restrictive Covenant Agreements 1 Schedules 70 SEC 68 Securities Act 68 Shareholder Agreement 9 Subsidiary 68 Superior Proposal 68 Surviving Entity 1 Tax 69 Tax Return 69 Termination Date 54 Termination Fee 57 Third Party Consents 9 Total Payments 50 Transition Date 69 U.S. 69 Unaudited Monthly Financial Statements 34 ix x
