Certain Additional Defined Terms. In addition to such terms as are defined in the opening paragraph of and the recitals to this Agreement and in Section 1.1, the following terms are used in this Agreement as defined in the Sections set forth opposite such terms: Defined Term Section Reference ------------ -----------------
Certain Additional Defined Terms. In addition to such terms as are defined in Section 8.1, the following terms are used in this Agreement as defined in the Sections set forth opposite such terms:
Certain Additional Defined Terms. In addition to the following defined terms and terms defined elsewhere herein, when used in the Agreement, terms with initial capital letters have the meaning given such term under the Plan, as in effect from time to time.
Certain Additional Defined Terms. In addition to such terms as are defined in the preamble of and the recitals to this Agreement and in Section 14.1, the following terms are used in this Agreement as defined in the Articles or Sections set forth opposite such terms: Defined Term Reference 2005 Financial Statements Section 4.9(a) AAA Section 13.1(d)(i) Adjusted Purchase Price Section 1.2 Allocation Section 8.8(d) Basic Documents Section 4.14(b) Buyer Introduction Buyer’s Title Review Section 9.1(a) CERCLA Section 4.20 Chief Holdings Introduction Chief Midstream Holdings Introduction Closing Article II Closing Date Article II COBRA Section 8.7 Company Introduction Company Contracts Section 4.14(a) Damages Section 12.2 Deductible Amount Section 9.2 Defensible Title Section 9.1(d)(i) Disputes Section 13.1(a) Environmental Liabilities Section 4.20 Escrow Agent Section 12.10 Escrow Agreement Section 12.10 Escrow Amount Section 12.10 Escrow Deposit Section 1.4(a) Escrow Term Section 12.10 Examination Period Section 9.1(a) Excluded Assets Section 8.15 Final Settlement Statement Section 1.3(d) Financial Statements Section 4.9(a) HSR Act Section 8.16 Indemnified Party Section 12.5 Indemnifying Party Section 12.5 Independent Expert Section 13.1(c) Interim Financial Statements Section 4.9(a) Interests Recital A 49 Defined Term Reference Midstream Reorganization Section 1.5 Midstream 2005 Financial Statements Section 4.9(b) Midstream Financial Statements Section 4.9(b) Midstream Interim Financial Statements Section 4.9(b) NGA Section 4.15 NGPA Section 4.15 Notice Period Section 12.5 Permitted Encumbrances Section 9.1(d)(ii) Post-Closing Adjusted Purchase Price Section 1.3(d) Purchase Price Section 1.2 Regulatory Agencies Section 4.24 Remedies for Title Defects Section 9.1(b) Rules Section 13.1(d)(i) SEC Section 8.19 Sellers Introduction Sellers’ Representative Introduction Title Defect Section 9.1(d)(iii) Title Defect Amount Section 9.1(c) Title Defect Notice Section 9.1(b) Title Defect Property Section 9.1(b) Transition Services Agreement Section 10.1(h)
Certain Additional Defined Terms. In addition to such terms as are defined in Section 10.1, the following terms are used in this Agreement as defined in the Sections of this Agreement referenced opposite such terms:
Certain Additional Defined Terms. In addition to such terms -------------------------------- as are defined in the opening paragraph and in Section 1.1 of this Agreement, the following terms are used in this Agreement as defined in the Sections set forth opposite such terms:
Certain Additional Defined Terms. In addition to such terms as are defined in the opening paragraph of and the recitals to this Agreement and in Section 1.1, the following terms are used in this Agreement as defined in the Sections set forth opposite such terms:
Certain Additional Defined Terms. The following terms are defined in the Sections or subsections referenced opposite such terms: Defined Term Section “Agent” Preamble “Assignee” 11.13 “Borrower” Preamble “Claims” 11.10 “Collateral” 3.1 “Confidential Information” 11.12 “End of Term Charge” 2.5 “Event of Default” 9 “Financial Statements” 7.1 “Lender” Preamble “Maximum Rate” 2.2 “Prepayment Charge” 2.4 “Publicity Materials” 11.18 “Register” 11.7 “Rights to Payment” 1.1 “SBA” 7.16 “SBIC” 7.16 “SBIC Act” 7.16 Unless otherwise specified, all references in this Agreement or any Annex or Schedule hereto to a “Section,” “subsection,” “Exhibit,” “Annex,” or “Schedule” shall refer to the corresponding Section, subsection, Exhibit, Annex, or Schedule in or to this Agreement. Unless otherwise specifically provided herein, any accounting term used in this Agreement or the other Loan Documents shall have the meaning customarily given such term in accordance with GAAP, and all financial computations hereunder shall be computed in accordance with GAAP, consistently applied. Unless otherwise defined herein or in the other Loan Documents, terms that are used herein or in the other Loan Documents and defined in the UCC shall have the meanings given to them in the UCC. For all purposes under the Loan Documents, in connection with any division or plan of division under Delaware law (or any comparable event under a different jurisdiction’s laws): (a) if any asset, right, obligation or liability of any Person becomes the asset, right, obligation or liability of a different Person, then it shall be deemed to have been transferred from the original Person to the subsequent Person and (b) if any new Person comes into existence, such new Person shall be deemed to have been organized on the first date of its existence by the holders of its Equity Interests at such time. Notwithstanding anything to the contrary in this Agreement or any other Loan Document, all terms of an accounting or financial nature used herein shall be construed, and all computations of amounts and ratios referred to herein shall be made without giving effect to any treatment of Indebtedness in respect of convertible debt instruments under Accounting Standards Codification 470-20 (or any other Accounting Standards Codification or Financial Accounting Standard having a similar result or effect) to value any such Indebtedness in a reduced or bifurcated manner as described therein, and such Indebtedness shall at all times be valued at the full stated ...
Certain Additional Defined Terms. 8 Section 1.3. References, Titles and Construction................................. 9
Certain Additional Defined Terms. In addition to such terms as are defined in Section 8.1, the following terms are used in this Agreement as defined in the Sections set forth opposite such terms: Defined Term Section Reference Agreement Introduction Closing Section 1.2 Closing Date Section 1.2 Common Units Recitals Confidential Information Section 4.1 Contributor Introduction Contributor’s Indemnified Parties Section 6.2(b) Contributor Properties Recitals Contributor Units Section 1.3(a) DSD Agreement Recitals Effective Time Section 1.2 Exchange Agent Section 1.3(a) Excluded Losses Section 6.2(a) Loss Section 6.2(a) Participants Recitals Participation Agreement Recitals Participation Percentage Recitals Partnership Introduction Partnership Audited Financial Statements Section 2.7 Partnership-Entitled Production and Proceeds Section 5.1 Partnership Financial Statements Section 2.7 Partnership GP Section 2.3(a) Partnership Indemnified Parties Section 6.2(a) Partnership Latest Balance Sheet Section 2.7 Partnership Unaudited Financial Statements Section 2.7 Properties Section 1.1 Registration Statement Section 2.14 Representatives Section 4.1 SEC Section 2.13 SEC Filings Section 2.13 Tax Treatment Section 1.7 Third Party Claim Section 6.3(b) Transfer Section 1.1 [Signature Page Follows]
