The obligations of Purchaser and Vendor to proceed with Pre-Closing of the Transaction and the Closing Arrangements are subject to Vendor obtaining the Approval and Vesting Order, which shall not have been stayed, varied, vacated or be subject to any pending appeal, prior to the Pre-Closing Date and, if required, CPA Approval shall have been obtained prior to the Pre-Closing Date.
Closing means the closing of the purchase and sale of the Securities pursuant to Section 2.1.
Closing Date has the meaning set forth in Section 2.2.
Parent means a “parent corporation,” whether now or hereafter existing, as defined in Section 424(e) of the Code.
Seller has the meaning set forth in the preamble.
Agreement has the meaning set forth in the preamble.
Buyer has the meaning set forth in the preamble.
Closing time means the date and hour specified in the bidding documents for the receipt of bids.
SCC means the Special Conditions of Contract.
GCC means the General Conditions of Contract.
Documentation means SAP's then-current technical and functional documentation as well as any roles and responsibilities descriptions, if applicable, for the Cloud Service which is made available to Customer with the Cloud Service.
tender for income-generating contracts means a written offer in the form determined by an organ of state in response to an invitation for the origination of income-generating contracts through any method envisaged in legislation that will result in a legal agreement between the organ of state and a third party that produces revenue for the organ of state, and includes, but is not limited to, leasing and disposal of assets and concession contracts, excluding direct sales and disposal of assets through public auctions; and
Site means the place or places where the permanent Works are to be carried out including workshops where the same is being prepared.
Contract means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
Indebtedness means, as to any Person at a particular time, without duplication, all of the following, whether or not included as indebtedness or liabilities in accordance with GAAP:
Tax means any tax, levy, impost, duty or other charge or withholding of a similar nature (including any penalty or interest payable in connection with any failure to pay or any delay in paying any of the same).
Local content means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place.
Cause means:
Accounting Restatement means an accounting restatement that the Company is required to prepare due to the material noncompliance of the Company with any financial reporting requirement under the securities laws, including any required accounting restatement to correct an error in previously issued financial statements that is material to the previously issued financial statements, or that would result in a material misstatement if the error were corrected in the current period or left uncorrected in the current period.
Consent means written permission signed by a duly authorized officer or employee of the Commonwealth, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have consented by virtue of the execution of this contract.
Equipment is all “equipment” as defined in the Code with such additions to such term as may hereafter be made, and includes without limitation all machinery, fixtures, goods, vehicles (including motor vehicles and trailers), and any interest in any of the foregoing.
Facility means any real property (including all buildings, fixtures or other improvements located thereon) now, hereafter or heretofore owned, leased, operated or used by Holdings or any of its Subsidiaries or any of their respective predecessors or Affiliates.
Parties has the meaning set forth in the Preamble.
Purchaser means the organization purchasing the goods.
Services means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract.
Written or “in writing” means handwritten in ink or any form of electronic or mechanical writing.
Goods means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract.