Incidental to definition

Incidental to means occurring in, or associated with, the normal, typical, or customary operations of the particular trade or business under consideration.
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Incidental to requirement means that the collection activity must not be “central to” the fiduciary relationship. See Wilson v. Draper & Goldberg, 443 F.3d 373, 377 (4th Cir. 2006). The function of this requirement is to exclude fiduciaries whose sole or primary function is to collect a debt on behalf of the entity to which the fiduciary obligation is owed. Thus the requirement excludes lawyers or trustees acting solely or primarily to collect debts owed to their clients or beneficiaries.
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Incidental to means, with respect to a Food Store License, that wine and malt beverage products shall not constitute more than 30% of the total interior display or shelf space of the Premises (gasoline products shall be disregarded in determination as to whether wine and malt beverages are incident to the sale of food) and, with respect to the Restaurant License or an All Alcohol Pouring License, that alcoholic beverages are served in a traditional restaurant environment.
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Examples of Incidental to in a sentence

  • Incidental to this item shall be furnishing and installing specified post (wood, channel, metal, etc.) as required for the installation.

  • Incidental to this item shall be furnishing and installing guy wire, anchor and anchor rod, strand vise, and guy guard, if specified.Pole – 35’ Wooden will be measured in individual units each.

  • Incidental to this item shall be furnishing and installing grounding hardware, and any necessary post/pole mounting hardware.

  • Manufacturing Sub-Sector: Services Incidental to Manufacturing Industry Classification: ISIC Divisions 15 to 36 Level of Government: Central and Regional Type of Obligation: National Treatment Senior Management and Board of Directors Description of Measure: For companies/projects that are in existence before the entry into force of this Agreement, conditions imposed in their approvals for licence/permits shall continue to apply.

  • Incidental to this item shall be the labeling of all wires and cables in each junction box, cabinet and splice box, and furnishing and installing other hardware required for installing cable.

  • Incidental to this item shall be furnishing and installing a grounding conductor bonding all conduit grounding bushings in the box.

  • Incidental to this item is all material and labor necessary to complete the work as specified.

  • Incidental to this bid item are all costs associated with placement and any other items required to install as shown on the construction plans.

  • Incidental to this item shall be furnishing and installing a Material, Installation, and Bid Item Notes for Permanent Traffic Data Acquisition StationsRevised November, 2012 grounding conductor bonding all conduit grounding bushings in the box.

  • Except as expressly provided otherwise in this Contract, all such taxes, charges, fees, and allowances are Incidental to the Contract.


More Definitions of Incidental to

Incidental to requirement means that the collection activity must not be ‘central to’ the fiduciary relationship.” Rowe I, 559 F.3d at 1034. “The function of this
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Related to Incidental to

  • Supplemental Transfer Date For any Supplemental Transfer Agreement, the date the related Supplemental Mortgage Loans are transferred to the Trust Fund pursuant to the related Supplemental Transfer Agreement.

  • Fundamental Transaction shall have the meaning set forth in Section 5(e).

  • Survivor s Option' means, where applicable, the right of a holder of a Note to require the Company to repay such Note prior to its Stated Maturity upon the death of the owner of such Note, subject to the provisions hereof relating to such option."

  • Conversion Share means any share of Common Stock issued or issuable upon conversion of any Note.

  • Total Transfer Capability or “TTC” shall mean the amount of electric power that can be moved or transferred reliably from one area to another area of the interconnected Transmission Systems by way of all transmission lines (or paths) between those areas under specified system conditions.

  • Common Stock Deemed Outstanding means the number of shares of Common Stock actually outstanding (not including shares of Common Stock held in the treasury of the Company), plus (x) pursuant to Paragraph 4(b)(i) hereof, the maximum total number of shares of Common Stock issuable upon the exercise of Options, as of the date of such issuance or grant of such Options, if any, and (y) pursuant to Paragraph 4(b)(ii) hereof, the maximum total number of shares of Common Stock issuable upon conversion or exchange of Convertible Securities, as of the date of issuance of such Convertible Securities, if any.

  • Dilutive Issuance shall have the meaning set forth in Section 5(b).

  • Exchange Event means with respect to any Global Registered Receipt:

  • Surviving Person means, with respect to any Person involved in or that makes any Disposition, the Person formed by or surviving such Disposition or the Person to which such Disposition is made.

  • Dilutive Issuance Notice shall have the meaning set forth in Section 5(b).

  • Ownership Change Event means the occurrence of any of the following with respect to the Company: (i) the direct or indirect sale or exchange in a single or series of related transactions by the stockholders of the Company of securities of the Company representing more than fifty percent (50%) of the total combined voting power of the Company’s then outstanding securities entitled to vote generally in the election of Directors; (ii) a merger or consolidation in which the Company is a party; or (iii) the sale, exchange, or transfer of all or substantially all of the assets of the Company (other than a sale, exchange or transfer to one or more subsidiaries of the Company).

  • Record Holder or “Holder” as applied to a Receipt shall mean the person in whose name such Receipt is registered on the books of the Depositary maintained for such purpose.

  • Transferee Any Person who is acquiring by Transfer any Ownership Interest in a Certificate.

  • Delivery Date means the date or dates specified in the Purchase Order by which the Supplier is required to deliver the Work.

  • Warrant Share means a Common Share issuable upon exercise of one Warrant;

  • Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

  • Supplemental Trust Agreement means any trust agreement then in full force and effect which has been duly executed and delivered by the Authority and the Trustee amendatory hereof or supplemental hereto; but only if and to the extent that such Supplemental Trust Agreement is executed and delivered pursuant to the provisions hereof.

  • Warrant Share Delivery Date shall have the meaning set forth in Section 2(d)(i).

  • Exchange Election shall have the meaning specified in Section 14.12(a).

  • Successor Notice is defined in Section 8.1(b).

  • Excess Shares shall have the meaning set forth in Section 3.1(a).

  • CAM Percentage means, as to each Lender, a fraction, expressed as a decimal, of which (a) the numerator shall be the aggregate Dollar Equivalent of the Designated Obligations owed to such Lender (whether or not at the time due and payable) immediately prior to the CAM Exchange Date and (b) the denominator shall be the aggregate Dollar Equivalent amount of the Designated Obligations owed to all the Lenders (whether or not at the time due and payable) immediately prior to the CAM Exchange Date.

  • Maximum Percentage means 4.99%; provided, that if at any time after the date hereof the Holder Group beneficially owns in excess of 4.99% of any class of Equity Interests in the Company that is registered under the Exchange Act (excluding any Equity Interests deemed beneficially owned by virtue of this Warrant or the Note), then the Maximum Percentage shall automatically increase to 9.99% so long as the Holder Group owns in excess of 4.99% of such class of Equity Interests (and shall, for the avoidance of doubt, automatically decrease to 4.99% upon the Holder Group ceasing to own in excess of 4.99% of such class of Equity Interests); and (ii) the term “Holder Group” shall mean the Holder plus any other Person with which the Holder is considered to be part of a group under Section 13 of the Exchange Act or with which the Holder otherwise files reports under Sections 13 and/or 16 of the Exchange Act. In determining the number of Equity Interests of a particular class outstanding at any point in time, the Holder may rely on the number of outstanding Equity Interests of such class as reflected in (x) the Company’s most recent Annual Report on Form 10-K or Quarterly Report on Form 10-Q filed with the Securities and Exchange Commission, as the case may be, (y) a more recent public announcement by the Company or (z) a more recent notice by the Company or its transfer agent to the Holder setting forth the number of Equity Interests of such class then outstanding. For any reason at any time, upon written or oral request of the Holder, the Company shall, within one (1) Trading Day of such request, confirm orally and in writing to the Holder the number of Equity Interests of any class then outstanding. The provisions of this Section 10 shall be construed, corrected and implemented in a manner so as to effectuate the intended beneficial ownership limitation herein contained.

  • Voting Parity Stock means, with regard to any matter as to which the holders of Designated Preferred Stock are entitled to vote as specified in Sections 7(a) and 7(b) of these Standard Provisions that form a part of the Certificate of Designations, any and all series of Parity Stock upon which like voting rights have been conferred and are exercisable with respect to such matter.

  • Transferring means moving into or out of a bed, chair or wheelchair.

  • Investor Uncovered Dilution Amount means an amount equal to the product of (x) the Series Allocation Percentage for the related Monthly Period (determined on a weighted average basis, if one or more Reset Dates occur during that Monthly Period), times (y) the aggregate Dilutions occurring during that Monthly Period as to which any deposit is required to be made to the Excess Funding Account pursuant to Section 3.9(a) of the Transfer and Servicing Agreement or Section 3.9(a) of the Pooling and Servicing Agreement but has not been made; provided that, if the Transferor Amount is greater than zero at the time the deposit referred to in clause (y) is required to be made, the Investor Uncovered Dilution Amount for such amount to be deposited shall be deemed to be zero.