ANNEX A DEFINITIONS definition

ANNEX A DEFINITIONS. “Abandonment” means, with respect to any Project and following the Project Commencement Date, the relinquishment of possession and control of the relevant Project by the Recipient or the complete cessation of work or activity one hundred twenty (120) consecutive days (or one hundred eighty (180) non-consecutive days in any Fiscal Year) at the relevant Project, except as a result of the occurrence of an Event of Force Majeure, and the term “Abandon” shall have a correlative meaning. “ABL Loan Agreement” means that certain Loan, Guaranty and Security Agreement, dated as of June 24, 2022 (as amended, modified, supplemented, restated or amended and restated, from time to time, in accordance with clause (j) of the definition of “Permitted Indebtedness”), by and among the Recipient, its affiliates, the lenders party thereto, and Bank of America, N.A. as agent. “Action” means any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration at law or in equity, or before or by any Governmental Authority, domestic or foreign or other regulatory body or any arbitrator. “Actual Capex Amount” means, as of the Actual Milestone Completion Date for any Disbursement Milestone for any Project, the amount of Capital Expenditures certified in writing by the Recipient to the Department that have been incurred and paid by the Recipient in respect of such Disbursement Milestone. “Actual Cumulative Capex Amount” means, with respect to any Project and as of any date of determination, the aggregate Actual Capex Amount for all Disbursement Milestones for such Project for which an Actual Milestone Completion Date has occurred, including the then-current Disbursement Milestone. “Actual Cumulative Disbursement Amount” means, with respect to any Project and as of any date of determination, the aggregate amount of Disbursements made to the Recipient for such Project as of such date. “Actual Cumulative Disbursement Ratio” means, with respect to any Project and as of any date of determination, the ratio, expressed as a percentage, equal to (a) the Actual Cumulative Disbursement Amount for such Project as of such date divided by (b) the Actual Cumulative Capex Amount for such Project as of such date. “Actual Milestone Completion Date” means, with respect to any Disbursement Milestone, the date on which the Recipient has actually completed such Disbursement Milestone, as such date is to be confirmed by the Department after the receipt o...
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ANNEX A DEFINITIONS. In this Contract and all other Annexes and in any other document making reference to this Annex, the following terms shall have the meaning assigned to them below (the singular includes the plural and vice versa). Unless otherwise specified, references in this Annex to a Section are to the Sections of the Contract.
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ANNEX A DEFINITIONS. “$” means lawful money of the United States of America. “Accounting Principles” means the accounting practices, policies, and methodologies set forth in Annex C. “Acquisition” means the sale by Parent to Purchaser, and the purchase by Purchaser from Parent, of all of the Interests. “Affiliate” means, with respect to any specified person, any other person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified person. For purposes of this definition, “control”, when used with respect to any specified person, means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of voting securities, by Contract or otherwise, and the terms “controlling” and “controlled” have meanings correlative to the foregoing. For the avoidance of doubt, the Company Group shall be an Affiliate of the Seller Parties prior to the Closing and shall be an Affiliate of Purchaser from and after the Closing. “Anti-Corruption Laws” means all Laws dealing with or related to bribery or corruption, including, to the extent applicable to a Person, the U.S. Foreign Corrupt Practices Act of 1977, the U.K. Bribery Act 2010, and any Law implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Transactions. “Antitrust Law” means any applicable supranational, national, federal, state, provincial, local and foreign statutes, rules, regulations, orders, decrees, administrative and judicial doctrines and other Laws that are designed or intended to prohibit, restrict or regulate actions having the purpose or effect of monopolization or restraint of trade or lessening of competition through merger or acquisition. “Associate” means, with respect to any Person, any relative of such Person, any entity or business organization in which such Person owns, directly or indirectly, any beneficial interest, or any trust or estate as to which such Person serves as a trustee or in a similar capacity. “Base Purchase Price” means $385,000,000. “Benefit Plan” means any “employee benefit plan” (as defined in Section 3(3) of ERISA, whether or not subject thereto) and any other plan, program, policy, practice, agreement, or arrangement providing for benefits or compensation, including employment, consulting or independent contractor agreements, severance or other termination or transition benefits, retention benefits, transaction, change in control or sale bene...
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Examples of ANNEX A DEFINITIONS in a sentence

  • ANNEX A DEFINITIONS (N___U_) The following terms shall have the following meanings for all purposes of the Operative Documents referred to below, unless otherwise defined in an Operative Document or the context thereof shall otherwise require and such meanings shall be equally applicable to both the singular and the plural forms of the terms herein defined.

  • Reiten Chairman ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ive Officer ANNEX A DEFINITIONS ----------- As used herein, the following terms have the following meanings: Agreement: shall have the meaning ascribed to such term in the introductory --------- paragraph of this Agreement.

  • N7__UW ANNEX A DEFINITIONS (N7__UW) The following terms shall have the following meanings for all purposes of the Operative Documents referred to below, unless otherwise defined in an Operative Document or the context thereof shall otherwise require and such meanings shall be equally applicable to both the singular and the plural forms of the terms herein defined.

  • By:___________________________________ Name: Title: WILMINGTON TRUST COMPANY, as Mortgagee By:___________________________________ Name: Title: 66 2002 EETC - Mortgage (Owned) (10) ANNEX A DEFINITIONS [Attached] 2002 EETC - Mortgage (Owned) (10) ANNEX B - INSURANCE TRUST INDENTURE ____ ANNEX B INSURANCE Capitalized terms used but not defined herein shall have the respective meanings set forth or incorporated by reference in Annex A to the Trust Indenture.

  • By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Senior Vice President ▇▇▇▇▇ FARGO BANK, N.A. By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Senior Vice President 18 ANNEX A DEFINITIONS AND INTERPRETATION Interpretations.