Related to The meanings
as used herein Reference Banks" means four major banks in the London interbank market selected by the Calculation Agent; and "LIBOR Business Day" means a day on which commercial banks are open for business (including dealings in foreign exchange and foreign currency deposits) in London. Exhibit A Officer's Certificate The undersigned, the [Chief Financial Officer] [Treasurer] [Executive Vice President] hereby certifies, pursuant to Section 7.3(b) of the Junior Subordinated Indenture, dated as of August 23, 2005, among FNB Financial Services Corporation (the "Company") and Deutsche Bank Trust Company Americas, as trustee, that, as of [date], [20__], the Company had the following ratios and balances: BANK HOLDING COMPANY As of [Quarterly Financial Dates] Tier 1 Risk Weighted Assets _________% Ratio of Double Leverage _________% Non-Performing Assets to Loans and OREO _________% Tangible Common Equity as a Percentage of Tangible Assets _________% Ratio of Reserves to Non-Performing Loans _________% Ratio of Net Charge-Offs to Loans _________% Return on Average Assets (annualized) _________% Net Interest Margin (annualized) _________% Efficiency Ratio _________% Ratio of Loans to Assets _________% Ratio of Loans to Deposits _________% Double Leverage (exclude trust preferred as equity) _________% Total Assets $_________ Year to Date Income $_________ * A table describing the quarterly report calculation procedures is provided on page __ [FOR FISCAL YEAR END: Attached hereto are the audited consolidated financial statements (including the balance sheet, income statement and statement of cash flows, and notes thereto, together with the report of the independent accountants thereon) of the Company and its consolidated subsidiaries for the three years ended _______, 20___.] [FOR FISCAL QUARTER END: Attached hereto are the unaudited consolidated and consolidating financial statements (including the balance sheet and income statement) of the Company and its consolidated subsidiaries for the fiscal quarter] ended [date], 20__. The financial statements fairly present in all material respects, in accordance with U.S. generally accepted accounting principles ("GAAP"), the financial position of the Company and its consolidated subsidiaries, and the results of operations and changes in financial condition as of the date, and for the [___ quarter interim] [annual] period ended [date], 20__, and such financial statements have been prepared in accordance with GAAP consistently applied throughout the period involved (expect as otherwise noted therein).
(b) As used in this section, claim' means a bill or an invoice submitted to a governmental entity for goods or services.
FBF Definitions means the definitions set out in the 2007 FBF Master Agreement relating to transactions on forward financial instruments as supplemented by the Technical Schedules (Additifs Techniques) as published by the Fédération Bancaire Française (together the "FBF Master Agreement"), unless otherwise specified in the relevant Final Terms.
as used herein shall mean only those Products as defined in Exhibit "B" hereto.
Defined Person" shall mean and include an individual, a partnership, a joint venture, a corporation, a trust, an unincorporated organization and a government or other department or agency thereof.
definition of Monthly Advance" in Article I is hereby amended in its entirety to read as follows:
Definitions As used in this appendix, “Software” means a specific NetIQ software product for which You have Purchase Documentation issued to You by NetIQ or NetIQ’s agent. Unless defined in this appendix, capitalized terms have the meaning given in the parent Agreement. • STANDARD TERMS: Use the Software family headers and the product and license type tags below to locate the Product Use Rights terms applicable to the Software. Your usage of the Software must be consistent with such terms and with the unit count on Your purchase documentation. Product use rights terms below for other license types or products do not apply to You. • LIMITED USE RESTRICTIONS: Notwithstanding the standard terms below, Your rights may be limited by restrictions which were part of Your Software license acquisition. If such restrictions apply to Your license, then You must apply the restrictions in the broadest possible manner in interpreting Your product and license type rights below.
Preamble means the paragraph that precedes Article One: General Definitions to this Agreement.
if_cbCorrelator the application’s context for this call. • if_errorReporting: the desired callback. • n_handles: the number of interfaces in the if_Handle array. • if_HandleArray: pointer to an array of interface handles. Output Parameters None Asynchronous Error Codes • NPF_NO_ERROR: Operation successful. • NPF_IF_E_INVALID_HANDLE: an if_Handle is null or invalid, or is not a LAN interface. Asynchronous Response A total of n_handles asynchronous responses (NPF_IfAsyncResponse_t) will be passed to the callback function, in one or more invocations. Each response contains an interface handle and a success code or a possible error code for that interface. The union in the callback response structure is unused.
The definition of Pass-Through Rate" set forth in Section 1.01 of the Pooling Agreement is hereby amended and restated to read as follows:
Defined Terms As set forth in the Plan, unless otherwise defined in this Agreement Participant: [Name] Type of Option: [Incentive/Nonstatutory] Stock Option Grant Date: [Date] Number of Shares Purchasable: [•] Exercise Price per Share: $[•], which is the Fair Market Value as of the Grant Date Original Expiration Date: [•] years from the Grant Date (or earlier if your Separation from Service occurs before this Expiration Date; see Exercise after Separation from Service below) Exercisability: The Option will become exercisable as follows, as long as you do not have a Separation from Service before the applicable [date/event]: [Date/Event] % of Option Exercisable* [—] [•] % *Any resultant fractional Options will not become exercisable and will instead be subject to the next applicable [date/event]. Exercise after Separation from Service: Separation from Service for any reason other than Disability, death, or Cause: any unexercisable portion of the Option expires immediately and any exercisable portion remains exercisable for [•] after your Separation from Service for any reason other than Disability, death, or Cause. Separation from Service due to Disability or death: any unexercisable portion of the Option expires immediately and any exercisable portion remains exercisable for [•] after your Separation from Service due to your Disability or death. Separation from Service for Cause: the entire Option, including any exercisable and unexercisable portion, expires immediately upon your Separation from Service for Cause. Notwithstanding anything else in this Agreement, the Option may not be exercised after the Original Expiration Date set forth above. OPTION TERMS
used as a verb has a corresponding meaning.
State Orig Term: Prop Type Sr Teas Exp: Margin: Debt
Other Definitional Provisions set forth in Section 1.2 of the Basic Servicing Agreement are incorporated by reference into this 20 - Servicing Supplement.
Geometric mean means the nth root of a product of n factors, or the antilogarithm of the arithmetic mean of the logarithms of the individual sample values.
Definition “Sell” means to agree to sell, convey, transfer or exchange any interest in the Property whether by oral or written agreement or option.
CRD IV Implementing Measures means any regulatory capital rules or regulations or other requirements, which are applicable to the Issuer and which prescribe (alone or in conjunction with any other rules, regulations or other requirements) the requirements to be fulfilled by financial instruments for their inclusion in the regulatory capital of the Issuer (on a non-consolidated or consolidated basis) to the extent required by the CRD IV Directive or the CRR, including for the avoidance of doubt and without limitation any regulatory technical standards released from time to time by the European Banking Authority (or any successor or replacement thereof);
a term's notice means written notice given not later than the first day of the term preceding the term to which the notice relates;
Recital a "Schedule” and a “paragraph / clause" shall be construed as a reference to an Article, a Recital, a Schedule and a paragraph/clause respectively of this Agreement;
Used means, with respect to the Properties, Company Contracts or Permits of the Company, those owned, leased, licensed or otherwise held by the Company which were acquired for use or held for use by the Company in connection with the Company's business and operations, whether or not reflected on the Company's books of account.
101 ( Outstanding") (a)(1)(A) ......................................................... 502, 512 (a)(1)(B) ......................................................... 513 (b) ......................................................... 508 (c) ......................................................... 104(d) 317(a)(1) ......................................................... 503 (a)(2) ......................................................... 504 (b) ......................................................... 1003 318(a) .........................................................
Recitals means the recitals of this Agreement.
Certain Defined Terms As used in this Agreement, the term "Prospectus" means the applicable Portfolio's prospectus and related statement of additional information, whether in paper format or electronic format, included in the Portfolio's then currently effective registration statement (or post-effective amendment thereto), and any information that we or the Portfolio may issue to you as a supplement to such prospectus or statement of additional information (a "sticker"), all as filed with the Securities and Exchange Commission (the "SEC") pursuant to the Securities Act of 1933. 2.
indenture securities means the Notes.
outline code of construction practice means the document certified as the outline code of construction practice by the Secretary of State for the purposes of this Order under article 36 (certification of plans etc.);
a term s notice" means written notice given not later than the first day of the term preceding the term to which the notice relates;