by a Person definition

by a Person means a written direction signed:

by a Person means a written direction signed: (a) if the Person is a natural person, by that Person; or (b) in any other case in the name of such Person by one or more Authorized Officers of that Person.

by a Person means a written direction signed (a) if the Person is a natural person, by that Person; or (b) in any other case, in the name of such Person by one or more Authorized Officers of that Person.

Examples of by a Person in a sentence

• The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee on behalf of such holder) to establish that such a notice has been given by a holder of Senior Indebtedness or a trustee on behalf of any such holder.

• The Trustee, subject to the provisions of Article VI of this Indenture, shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee or representative on behalf of such holder), to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or representative on behalf of any such holder or holders.

• The term “Constructive Ownership” shall mean ownership of Capital Stock by a Person, whether the interest in the shares of Capital Stock is held directly or indirectly (including by a nominee), and shall include interests that would be treated as owned through the application of Section 318(a) of the Code, as modified by Section 856(d)(5) of the Code.

• The Trustee, subject to the provisions of Article VI of this Indenture, shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing himself or herself to be a holder of Senior Indebtedness of the Company (or a trustee or representative on behalf of such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or representative on behalf of any such holder or holders.

• No Rights Certificates shall be issued in exchange for a Rights Certificate owned or deemed to have been owned by an Acquiring Person or an Affiliate or Associate thereof, or by a Person acting jointly or in concert with an Acquiring Person or an Affiliate or Associate thereof.

More Definitions of by a Person

by a Person means any (A) transaction in, or arrangement, agreement or understanding with respect to, any option, warrant, convertible security, stock appreciation right or similar right with an exercise, conversion or exchange privilege, or settlement payment or mechanism related to, any security of the Trust, or similar instrument with a value derived in whole or in part from the value of a security of the Trust, in any such case whether or not it is subject to settlement in a security of the Trust or otherwise or (B) any transaction, arrangement, agreement or understanding which included or includes an opportunity for such person, directly or indirectly, to profit or share in any profit derived from any increase or decrease in the value of any security of the Trust, to mitigate any loss or manage any risk associated with any increase or decrease in the value of any security of the Trust or to increase or decrease the number of securities of the Trust which such person was, is or will be entitled to vote, in any such case whether or not it is subject to settlement in a security of the Trust or otherwise; and (iv) "Insider Report" shall mean a statement required to be filed pursuant to Section 16 of the Exchange Act (or any successor provisions) by a person who is a Trustee of the Trust or who is directly or indirectly the beneficial owner of more than 10% of any class of Shares. (c) Shareholder Nominations or Other Proposals Causing

by a Person means after consultation with a financial advisor of nationally recognized reputation and such Person's outside legal counsel.

by a Person means any dividend or other distribution of any nature (whether in cash, property, securities or otherwise) on account of or in respect of any shares of the Capital Stock of such Person or on account of the purchase, redemption, retirement or acquisition of any shares of the Capital Stock (or warrants, options or rights therefor) of such Person.

by a Person means any direct or indirect guaranty by such Person of any Liability of any other Person or any agreement by such Person to purchase or acquire, or to assure the payment or performance of, or to otherwise protect or insure a creditor against loss in respect of, any Liability of any other Person (such as obligations under working capital maintenance agreements, agreements to keep-well or cover losses, or agreements to purchase any Liability, assets, goods, securities or services), but excluding indorsements in the ordinary course of business of negotiable instruments in the course of collection. When used as a verb, "guarantee" has a corresponding meaning.

by a Person means any dividend or other distribution (whether in cash, securities or other property) with respect to any Equity Interest in such Person, or any payment (whether in cash, securities or other property), including any sinking fund or similar deposit on account of the purchase, redemption, retirement, acquisition, cancellation or termination of any such equity interest or of any option, warrant or other right to acquire any such equity interest.

by a Person of a particular fact or matter means that a member of senior management of such Person (i.e., a senior vice president or more senior officer), after reasonable investigation, is actually aware of such fact or matter, provided that any such member of senior management shall be presumed to know such fact or matter based on facts, circumstances or information contained or described in the books, records or files of such Person.

by a Person means the power directly or indirectly to direct (x) the exercise of voting power of, or (y) the disposition of, any interest of the kind set forth in clauses (a) through (c) above. For purposes of determining whether a trust formed in connection with a Qualified Receivables Transactions is a Subsidiary, notes, trust certificates, undivided interests, partnership interests or other interests of the type described in clause (a) of the definition of Receivables Program Obligations shall be counted as beneficial interests in such trust.