Common use of Definition of Certain Terms Clause in Contracts

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 39 contracts

Samples: Underwriting Agreement (Cv Therapeutics Inc), Underwriting Agreement (Innovex Inc), Underwriting Agreement (Kintera Inc)

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Definition of Certain Terms. For purposes of this Agreement, (a) "Agreement “business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulationstrading.

Appears in 5 contracts

Samples: Underwriting Agreement (Babcock & Wilcox Enterprises, Inc.), Underwriting Agreement (Babcock & Wilcox Enterprises, Inc.), Babcock & Wilcox Enterprises, Inc.

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and trading, (b) "“knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiry and (c) “subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations, but excluding any inactive or immaterial subsidiaries.

Appears in 3 contracts

Samples: Underwriting Agreement (NGAS Resources Inc), Underwriting Agreement (Beacon Power Corp), Underwriting Agreement (Beacon Power Corp)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. NYSE American LLC is open for trading and (b) "subsidiary" “subsidiaries” has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Underwriting Agreement (Matinas BioPharma Holdings, Inc.), Underwriting Agreement (Matinas BioPharma Holdings, Inc.)

Definition of Certain Terms. For purposes of this Agreement, : (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and trading; (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations; provided, however, that solely for purposes of this Agreement the term "subsidiary" shall include LGTC; and (c) "Significant Subsidiary" has the meaning set forth in Section 1-02(w) of Regulation S-X of the Commission.

Appears in 2 contracts

Samples: Lions Gate Entertainment Corp /Cn/, Lions Gate Entertainment Corp /Cn/

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth ” means “significant subsidiary” as that term is defined in Rule 405 1-02(w) of the Rules and Regulations.Regulation S-X.

Appears in 2 contracts

Samples: Underwriting Agreement (Mindspeed Technologies, Inc), Underwriting Agreement (Mindspeed Technologies, Inc)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 2 contracts

Samples: Placement Agent Agreement (Genta Inc De/), Placement Agent Agreement (Universal Travel Group)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and trading, (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsRegulations and (c) “knowledge” means the knowledge of the executive officers and directors of the Company after reasonable inquiry.

Appears in 1 contract

Samples: Underwriting Agreement (Discovery Laboratories Inc /De/)

Definition of Certain Terms. For purposes of this AgreementXxxxxxxxx, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Anadys Pharmaceuticals Inc

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (MEDecision, Inc.)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. Exchange is open for trading and (b) "subsidiary" ”Subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Placement Agent Agreement (iBio, Inc.)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" “Subsidiary” has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Agency Agreement (Phoenix Technologies LTD)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has “knowledge” means the meaning set forth in Rule 405 knowledge of the Rules directors and Regulationsexecutive officers of the Company after reasonable inquiry.

Appears in 1 contract

Samples: Underwriting Agreement (GTX Inc /De/)

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Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and trading, (b) "“knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiry and (c) “subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations, but excluding any inactive or immaterial subsidiaries and any subsidiaries in which the Company has less than a 50% ownership or control interest.

Appears in 1 contract

Samples: Agent Agreement (Harvest Natural Resources, Inc.)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Placement Agent Agreement (Favrille Inc)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and trading; (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.“significant

Appears in 1 contract

Samples: Underwriting Agreement (Bookham, Inc.)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations; provided, however, that solely for purposes of this Agreement the term "subsidiary" shall include LGTC; and (c) "Significant Subsidiary" has the meaning set forth in Section 1-02(w) of Regulation S-X of the Commission.

Appears in 1 contract

Samples: Underwriting Agreement (Lions Gate Entertainment Corp /Cn/)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and trading, (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and RegulationsRegulations and (c) “knowledge” means the knowledge of the directors and officers of the Company after reasonable inquiry.

Appears in 1 contract

Samples: Agent Agreement (Cereplast Inc)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has the meaning set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Ariad Pharmaceuticals Inc

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has “knowledge” means the meaning set forth in Rule 405 knowledge of the Rules directors and Regulationsofficers of the Company after reasonable inquiry.

Appears in 1 contract

Samples: Placement Agent Agreement (AspenBio Pharma, Inc.)

Definition of Certain Terms. For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading and (b) "subsidiary" has and "significant subsidiary" have the meaning meanings set forth in Rule 405 of the Rules and Regulations.

Appears in 1 contract

Samples: Underwriting Agreement (Discovery Partners International Inc)

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