Fundamental Terms definition

Fundamental Terms has the meaning set forth in Section 9(n).
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Fundamental Terms means the Fundamental Terms of Offer to Purchase set forth on page 1 of this PSA as modified by an accepted Counteroffer or Addendum.
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Fundamental Terms means any of the obligations, covenants, representations and warranties, or terms set out in Sections: [Redacted].
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Examples of Fundamental Terms in a sentence

  • In the performance of this Agreement, Contractor shall report to and receive instructions from the City's Representative designated in Paragraph D.1 of Part I ("Fundamental Terms") of this Agreement.

  • Buyer and Seller each acknowledge prior receipt of written agency disclosure provided by their respective Agents that has disclosed the agency relationships that are confirmed in the Fundamental Terms.

  • Buyer and Seller agree that Seller Disclosure Deadline, the Due Diligence Deadline and Settlement Deadline are as set forth in the Fundamental Terms, as modified by any Addendum hereto.

  • Seller will convey title to Buyer at Closing by statutory form of Deed specified in the Fundamental Terms.

  • If the Parties have elected to mediate by checking the appropriate box in the Fundamental Terms, any dispute relating to this PSA that arises prior to or after Closing shall first be submitted to mediation.

  • At Settlement, Seller agrees to pay for the Title Policy specified in the Fundamental Terms, in the amount of the Purchase Price insuring title to the Property to Buyer subject only to the Permitted Exceptions (the “Title Policy”).

  • In the event of any discrepancy between Part I ("Fundamental Terms"), Part II ("General Provisions"), Part III ("Special Provisions"), Part IV ("Scope of Services"), and/or Part V ("Budget") of this Agreement, the order of precedence shall be as follows.

  • Box 19575 Irvine, CA 92623-9575 Notices to Contractor shall be delivered to the address set forth below Contractor's signature on Part I of this Agreement, to the attention of Contractor's Representative set forth in Paragraph D.2 of the Fundamental Terms of this Agreement.

  • Notices to the City shall be delivered to the following address, to the attention of the City Representative set forth in Paragraph D.1 of the Fundamental Terms of this Agreement: To City: City of Irvine One Civic Center Plaza (92606) (Hand Deliveries) P.

  • Xxx 00000 Xxxxxxxx Xxxxxx, XX 00000-0000 Notices to Contractor shall be delivered to the address set forth below Contractor’s signature on Part I of this Agreement to the attention of Contractor’s Representative set forth in Paragraph D.2 of the Fundamental Terms of this Agreement.


More Definitions of Fundamental Terms

Fundamental Terms means the aggregate amount of the New Equity Investment Rights Offering, the exercise price for the Subscription Rights and Oversubscription Rights, the number of shares of New Delta Common Stock issuable upon the exercise of such rights, the process pursuant to which such terms may be subsequently revised and any limitations on Oversubscription Rights in each case determined jointly by Delta and the Creditors Committee.
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Fundamental Terms are limited to those terms directly relating to Section 7.17 and other financial maintenance covenants. The Xxxxx Fargo Facility shall not be considered a New Facility for purposes of this Section 6.21.
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Fundamental Terms shall have the meaning assigned thereto in Section 6.21 of this Agreement.
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Fundamental Terms are limited to those terms directly relating to and impacting the “Borrowing Base” or other advance rate related terms, Sections 7.17 and 7.18 and other financial covenants, “Excess Concentration Amount” limits, the definition of “Eligible Note Receivable” and other eligibility criteria relating to the Collateral, any facility or commitment fees (including, but not limited to, unused facility fees) and any “Event of Default” or other similar early payment or acceleration term. The Xxxxx Fargo Facility shall not be considered a New Facility for purposes of this Section 6.21 so long as the following conditions remain satisfied in full at all times: (y) the commitment of the Xxxxx Fargo Facility is not increased to an amount greater than $75,000,000, and (z) Xxxxx Fargo Capital Finance, LLC or an Affiliate is the sole lender under the Xxxxx Fargo Facility. If at any point in time Agent determines that either clause (y) or (z) above are not satisfied in full, then the Xxxxx Fargo Facility shall constitute a New Facility for purposes of this Section 6.21 (but only to the extent, in the course of clause (z), that the terms of the Xxxxx Fargo Facility are changed after clause (z) ceases to be satisfied).
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Fundamental Terms means, [ ]
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Fundamental Terms these are provisions of the Act that are automatically included as terms of an occupation contract. Some cannot be changed and must reflect the wording in the Act2. However, others can be left out or changed, but only if you and the landlord agree to do that and it benefits you as the contract-holder.
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Related to Fundamental Terms

  • Fundamental Transaction means that (i) the Company shall, directly or indirectly, in one or more related transactions, (1) consolidate or merge with or into (whether or not the Company is the surviving corporation) another Person, with the result that the holders of the Company’s capital stock immediately prior to such consolidation or merger together beneficially own less than 50% of the outstanding voting power of the surviving or resulting corporation, or (2) sell, lease, license, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company to another Person, or (3) take action to facilitate a purchase, tender or exchange offer by another Person that is accepted by the holders of more than 50% of the outstanding shares of Common Stock (excluding any shares of Common Stock held by the Person or Persons making or party to, or associated or affiliated with the Persons making or party to, such purchase, tender or exchange offer), or (4) consummate a stock or share purchase agreement or other business combination (including, without limitation, a reorganization, recapitalization, spin-off or scheme of arrangement) with another Person whereby such other Person acquires more than 50% of the outstanding shares of Common Stock (not including any shares of Common Stock held by the other Person or other Persons making or party to, or associated or affiliated with the other Persons making or party to, such stock or share purchase agreement or other business combination), or (5) reorganize, recapitalize or reclassify its Common Stock, or (ii) any “person” or “group” (as these terms are used for purposes of Sections 13(d) and 14(d) of the Exchange Act) is or shall become the “beneficial owner” (as defined in Rule 13d-3 under the Exchange Act), directly or indirectly, of 50% of the aggregate ordinary voting power represented by issued and outstanding Common Stock.

  • Fundamental Change Purchase Price has the meaning specified in Section 5.01(a).

  • Fundamental Warranties means the representations and warranties of Group Companies set forth in Sections 4.1 (Organization, Standing and Qualification), 4.2 (Capitalization and Other Particulars of the Group Companies), 4.3 (Due Authorization), 4.4 (Valid Issuance of Purchased Shares), 4.5 (No Conflicts), 4.6 (Compliance with Law; Licenses), 4.8 (Financial Statements) and 4.19 (Taxes).

  • Fundamental Change Purchase Notice has the meaning specified in Section 3.01(a)(i).

  • Fundamental Change Purchase Date has the meaning specified in Section 8.01(a).

  • Non-Stock Fundamental Change means any Fundamental Change other than a Common Stock Fundamental Change.

  • Fundamental Change Notice has the meaning specified in Section 8.02(a).

  • Fundamental Change Expiration Time shall have the meaning specified in Section 16.02(b)(ix).

  • Fundamental Representation has the meaning set forth in Section 9.1.

  • Fundamental Change Repurchase Price shall have the meaning specified in Section 15.02(a).

  • Make-Whole Fundamental Change Period shall have the meaning specified in Section 14.03(a).

  • Fundamental Change Repurchase Notice shall have the meaning specified in Section 15.02(b)(i).

  • Common Stock Fundamental Change means any Fundamental Change in which more than 50% of the value (as determined in good faith by the Board of Directors of the Company) of the consideration received by holders of Common Stock consists of common stock that, for the 10 Trading Days immediately prior to such Fundamental Change, has been admitted for listing or admitted for listing subject to notice of issuance on a national securities exchange or quoted on Nasdaq National Market, provided, however, that a Fundamental Change shall not be a Common Stock Fundamental Change unless either (i) the Company continues to exist after the occurrence of such Fundamental Change and the outstanding Preferred Stock continues to exist as outstanding Preferred Stock, or (ii) not later than the occurrence of such Fundamental Change, the outstanding Preferred Stock is converted into or exchanged for shares of convertible preferred stock, which convertible preferred stock has powers, preferences and relative, participating optional or other rights, and qualifications, limitations and restrictions substantially similar (but no less favorable) to those of the Preferred Stock.

  • Fundamental Change shall be deemed to have occurred at the time after the Notes are originally issued if any of the following occurs:

  • Make-Whole Fundamental Change means any transaction or event that constitutes a Fundamental Change (as defined above and determined after giving effect to any exceptions to or exclusions from such definition, but without regard to the proviso in clause (b) of the definition thereof).

  • Fundamental Change Effective Date means the date on which any Fundamental Change becomes effective.

  • Parent Fundamental Representations means the representations and warranties of Parent set forth in Section 5.1 (Corporate Existence and Power), Section 5.3 (Corporate Authorization), Section 5.6 (Finders’ Fees), Section 5.7 (Issuance of Shares), and Section 5.8 (Capitalization).

  • Fundamental Change Repurchase Date shall have the meaning specified in Section 15.02(a).

  • Buyer Fundamental Representations has the meaning set forth in Section 8.01.

  • Form of Fundamental Change Purchase Notice means the “Form of Fundamental Change Purchase Notice” attached as Attachment 2 to the Form of Note attached hereto as Exhibit A.

  • Make-Whole Fundamental Change Conversion Period has the following meaning:

  • Fundamental Representations has the meaning set forth in Section 8.1.

  • Purchaser Fundamental Representations means the representations and warranties set forth in Section 4.1 (Organization; Good Standing); Section 4.2 (Corporate Power; Enforceability); Section 4.3(a) (Non-Contravention) and Section 4.8 (Brokers).

  • Make-Whole Fundamental Change Effective Date means (A) with respect to a Make-Whole Fundamental Change pursuant to clause (A) of the definition thereof, the date on which such Make-Whole Fundamental Change occurs or becomes effective; and (B) with respect to a Make-Whole Fundamental Change pursuant to clause (B) of the definition thereof, the applicable Redemption Notice Date.

  • Repurchase Upon Fundamental Change means the repurchase of any Note by the Company pursuant to Section 4.02.

  • Company Fundamental Representations means the representations and warranties set forth in Section 3.1 (Organization; Good Standing); Section 3.2 (Corporate Power; Enforceability); Section 3.3(a) (Company Board Approval); Section 3.3(b) (Anti-Takeover Laws); Section 3.4 (Requisite Stockholder Approvals); Section 3.5(a) (Non-Contravention); Section 3.7 (Company Capitalization); and Section 3.25 (Brokers).