Terms used herein as defined terms and not otherwise defined herein shall have the meanings given thereto in the Credit Agreement.
Terms used but not defined herein shall have the meanings set forth in the Distribution Agreement. As used in this Agreement, the following terms shall have the following meanings (such meanings to be equally applicable to both the singular and plural forms of the terms defined):
Terms used herein which are defined in the Credit Agreement shall have their defined meanings when used herein. The Credit Agreement, among other things, contains provisions for acceleration of the maturity of this Note upon the happening of certain stated events and also for prepayments on account of principal hereof prior to the maturity of this Note upon the terms and conditions specified in the Credit Agreement. The Borrower hereby agrees to pay all reasonable costs and expenses (including reasonable attorney's fees and expenses) paid or incurred by the holder of this Note in the collection of any principal or interest payable under this Note or the enforcement of this Note or any other Loan Documents. This Note shall be governed by the laws of the State of Illinois. BEAZER HOMES USA, INC. By:________________________________ Name: _____________________________ Title: ____________________________ SCHEDULE TO NOTE Unpaid Name of Amount of Principal Person Date Made Type of Principal Balance of Making or Paid Loan Paid Note Notation ---------- ------- --------- --------- -------- Exhibit B The opinion of Paul, Hastings, Xxxxxxxx & Xxxxxx LLP, to be rendered pursuant to Section 3.01(5) of the Credit Agreement dated as of October 22 1996 (the "Credit Agreement"; any capitalized term used herein and not otherwise defined herein shall have the meaning assigned to such term in the Credit Agreement) among Beazer Homes USA, Inc., the Original Guarantors parties thereto, the banks whose names appear on the signature pages thereof and The First National Bank of Chicago, as Agent, shall be substantially to the following effect:
Examples of Terms used in a sentence
Terms used and not defined in this form are defined or interpreted in Policy 1 – Interpretation and General Provisions.
Terms used but not otherwise defined in this Agreement shall have the meaning assigned to such terms in the Registration Statement.
Terms used and not defined in this form are defined or interpreted in Policy 1 – Interpretation and General Provisions.There are three schedules which must be attached to this report as follows: SCHEDULE A: FINANCIAL STATEMENTS Financial statements are required as follows: For the first, second and third financial quarters interim financial statements prepared in accordance with the requirements under Ontario securities law must be attached.
Terms used herein and not otherwise defined shall have the meanings specified in the Indemnification Agreement.
Terms used in this paragraph without definition shall have the meanings assigned to them under the QFC Stay Rules.
More Definitions of Terms used
Terms used herein which are defined in the Credit Agreement shall have the respective meanings set forth in the Credit Agreement, unless otherwise defined herein. Borrower covenants, warrants, represents and agrees as follows:
Terms used herein shall have the meaning given thereto in the Head Lease.
Terms used herein in capitalized form shall have the meanings ascribed to them in Section 13 hereof or as otherwise set forth in this Agreement.
Terms used but not defined herein shall have the meanings ascribed to them in the Financing Agreement.
Terms used herein which are defined in the Credit Agreement shall have their defined meanings when used herein. The Credit Agreement, among other things, contains provisions for acceleration of the maturity of this Note upon the happening of certain stated events and also for prepayments on account of principal hereof prior to the maturity of this Note upon the terms and conditions specified in the Credit Agreement. This Note amends and restates in its entirety, and replaces, a certain Note dated October 22, 1996 made by the Borrower payable to the order of the Bank in the principal amount of $_____________. The Borrower hereby agrees to pay all reasonable costs and expenses (including reasonable attorney's fees and expenses) paid or incurred by the holder of this Note in the collection of any principal or interest payable under this Note or the enforcement of this Note or any other Loan Documents. This Note shall be governed by the laws of the State of Illinois. Beazer Homes USA, Inc. By:______________________________ Name: ___________________________ Title: __________________________ Exhibit B NOTE $_______________________________ July 29, 1997 FOR VALUE RECEIVED, the undersigned, BEAZER HOMES USA, INC., a Delaware corporation (the "Borrower") HEREBY PROMISES TO PAY to the order of AMSOUTH BANK (the "Bank") to THE FIRST NATIONAL BANK OF CHICAGO, as Agent, at the Agent's Office located at Xxx Xxxxx Xxxxxxxx Xxxxx, Xxxxxxx, XX, for the account of the applicable Lending Office of the Bank, in lawful money of the United States and in immediately available funds, the principal amount of _________________ Dollars ($_______) or the aggregate unpaid principal amount of all Loans made to the Borrower by the Bank pursuant to the Credit Agreement and outstanding on the Termination Date, whichever is less, and to pay interest from the date of this Note, in like money, at said office for the account of the applicable Lending Office, at the time and at a rate per annum as provided in the Credit Agreement. The Bank is hereby authorized by the Borrower to endorse on the schedule attached to the Note held by it the amount and type of each Loan and each renewal, conversion, and payment of principal amount received by the Bank for the account of the applicable Lending Office on account of its Loans, which endorsement shall, in the absence of manifest error, be conclusive as to the outstanding balance of the Loans made by the Bank; provided, however, that the failure to make such nota...
Terms used herein have the meanings set forth in the Indenture. Xxxxx Xxxxxx Inc., as Market Agent Dated: By --------------------- ----------------------------------------- EXHIBIT L NOTICE ESTABLISHING NEW PERCENTAGE USED IN DETERMINING [MAXIMUM AUCTION RATE] [ALL HOLD RATE] [NON-PAYMENT RATE] UNION FINANCIAL SERVICES-1, INC. TAXABLE STUDENT LOAN ASSET-BACKED NOTES CLASS 1996A-6 AUCTION RATE NOTES Notice is hereby given that the Issuer hereby establishes a new [percentage] [Applicable Percentage] to be used in determining the [Maximum Auction Rate] [All Hold Rate] [Non-Payment Rate] with respect to the captioned Auction Rate Notes pursuant to the Second Amended and Restated Indenture of Trust, as amended (the "Indenture") relating to such Auction Rate Notes:
Terms used herein shall have the meaning used in the Investment Sub-Advisory Agreement between the Manager and the Sub-Adviser ("Agreement"). The Manager agrees to pay to the Sub-Adviser, as full compensation and reimbursement for the services to be rendered pursuant to the Agreement and any expenses incurred in connection therewith, a fee at the end of each fiscal quarter of the Trust, computed by applying the following rate to that portion of the assets of the RSI Retirement Trust's portfolio managed by the Sub-Adviser: Effective July 26, 2004, 0.80% on the first $20 million of assets, 0.60% on the next $20 million of assets, 0.50% on the next $60 million of assets, and 0.40% on assets in excess of $100 million. Billing is done for each quarter on the basis of services performed during that particular quarter. The quarterly fee is calculated on the basis of the average of the asset value as of the last day of each month of each calendar quarter, equal to one-fourth of the annual rate. If the Agreement commences on a date other than on the beginning of any such quarterly period or terminates on a date other than the end of any such quarterly period, the fee payable hereunder shall be proportionately reduced according to the number of days during such period services were not rendered by the Sub-Adviser.