as used herein shall mean the multiplication of the applicable amount for any given period by a fraction, the numerator of which is 365 and the denominator of which is the number of days elapsed in such period.
as used herein shall mean the actual replacement cost of the Leased Property requiring replacement from time to time including an increased cost of construction endorsement, if available, and the cost of debris removal. In the event either party believes that full replacement cost (the then-replacement cost less such exclusions) has increased or decreased at any time during the Term, it shall have the right to have such full replacement cost re-determined.
as used herein shall mean only those Products as defined in Exhibit "B" hereto.
More Definitions of as used
as used herein shall mean:
as used herein shall mean all securities, including but not limited to monies, stocks, options, bonds, notes, futures contracts, commodities, certificates of deposit and other obligations, contracts or securities. "You" or "your" means PaineWebber Incorporated, its successor firms, subsidiaries, correspondents or affiliates and employees.
as used herein shall mean: (i) dishonesty which is not the result of an inadvertent or innocent mistake of Executive with respect to the Company or any of its subsidiaries; (ii) willful misfeasance or nonfeasance of duty by Executive that materially injures the reputation, business or business relationships of the Company or any of its subsidiaries or any of their respective officers, directors or Executives; (iii) any conduct which would be sufficient to criminally charge Executive with the commission of a crime involving moral turpitude or a crime other than a vehicle offense which could reflect in some material fashion unfavorably upon the business or business relationships of the Company or any of its subsidiaries or any of their respective officers, directors or Executives; (iv) willful or prolonged absence from work by Executive (other than by reason of disability due to physical or mental illness) or failure, neglect or refusal by Executive to perform his duties and responsibilities without the same being corrected upon thirty (30) days prior written notice; or (v) if Executive materially violates any term of this Agreement or the Company's employment policies and procedures (including but not limited to the Company's policies with respect to sexual harassment and discrimination) and such action or failure is not remedied or reasonable steps to effect such remedy are not commenced within thirty (30) days of written notice.
as used herein shall have the meaning set forth in the Security Agreement.
as used herein shall mean: (i) any act that constitutes, on the part of the Executive, (A) fraud, dishonesty, gross negligence, or willful misconduct and (B) that directly results in material injury to the Company, or (ii) Executive's material breach of this Agreement, or (iii) Executive's conviction of a felony or crime involving moral turpitude. A termination of Executive for "Cause" based on clause (i) or (ii) of the preceding sentence shall take effect thirty (30) days after the Company gives written notice of such termination to Executive specifying the conduct deemed to qualify as Cause, unless Executive shall, during such 30-day period, remedy the events or circumstances constituting cause to the reasonable satisfaction of the Company. A termination for Cause based on clause (iii) above shall take effect immediately upon giving of the termination notice.
as used herein shall mean ordinary cumulative distributions in respect of each Fiscal Period together with any such Compounded Distributions. Amounts available to the Trust for distribution to the holders of the Trust Preferred Securities will be limited to payments received by the Trust from the Company on the Subordinated Debentures or on the Trust Preferred Securities Guarantee. If and to the extent that the Company makes a payment on the Subordinated Debentures held by the Property Trustee or under the Trust Preferred Securities Guarantee (the amount of any such payment being a "Payment Amount"), the Trust shall and the Property Trustee is directed, to the extent funds are available for that purpose, to make a Pro Rata Distribution of the Payment Amount to Holders. The amount of Distributions payable for any period will be computed for any full quarterly Distribution period on the basis of a 360-day year of twelve 30-day months, and for any period shorter than a full quarterly Distribution period on the basis of the actual number of days elapsed in a 90-day quarter. Except as otherwise described herein, Distributions on the Trust Preferred Securities will be cumulative, will accumulate from the Closing Date and will be payable quarterly in arrears, on March 31, June 30, September 30 and December 31 of each year, commencing on __________, 2000, if, as and when available for payment by the Property Trustee. The Company has the right under the Subordinated Indenture to defer payments of interest by extending the interest payment period from time to time on the Subordinated Debentures for a period not exceeding 20 consecutive quarters (each an "Extension Period"); provided, that no Extension Period shall last beyond the date of the maturity or any redemption date of the Subordinated Debentures and, as a consequence of such deferral, Distributions will also be deferred. Despite such deferral, quarterly Distributions will continue to accrue with interest thereon (to the extent permitted by applicable law) at the rate specified above compounded quarterly during any such Extension Period. Prior to the termination of any such Extension Period, the Company may further extend such Extension Period; provided, that such Extension Period together with all such previous and further extensions thereof may not exceed 20 consecutive quarters or extend beyond the maturity or any redemption date of the Subordinated Debentures. Distributions will be payable to the Holders of recor...
as used herein shall mean: (i) any misappropriation or embezzlement by Executive of the property of the Company or any of its affiliates or other act of fraud or material misconduct by Executive against the Company or any of its affiliates; (ii) Executive's conviction of or plea of guilty or nolo contendere to a crime constituting a felony or any criminal act involving moral turpitude; (iii) a breach by Executive of any provision of this Agreement; (iv) the failure, refusal or neglect by Executive to perform faithfully the duties and obligations customary to his office; (v) the habitual non-performance or incompetent performance by Executive of the duties or responsibilities customary to his office; (vi) misconduct by Executive, including insubordination, in respect of the duties or obligations customary to his office; and (vii) any intentional or grossly negligent act by Executive having the effect of materially injuring the business or reputation of the Company or any of its affiliates. No activities covered by item (iv), (v) and (vi) will be deemed to be "Cause" unless the Company has notified Executive of the prohibited activity in writing and Executive has failed to cease such activity within thirty (30) days.