Second Restatement definition

Second Restatement is defined in the recitals.
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Second Restatement shall have the meaning given to it in the caption hereto;
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Second Restatement has the meaning specified in the introductory paragraph hereto.
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Examples of Second Restatement in a sentence

  • Union Pacific Railroad Company, 2016 IL 118984, to provide the City with the right to stop or resume work, to make inspections, to receive reports and to provide recommendations or suggestions pursuant to Section 414 of the Second Restatement of Torts, consistent with the employment of an independent contractor, and that no provision of this Agreement shall be construed as the City retaining control of or having liability for the actions of the Contractor.

  • The Second Restatement refers to “fraudulent misrepresentation,” rather than “knowing” misrepresentation.

  • The amount of each Term Lender’s Commitment on the Second Restatement Date is its “New Term Loan Commitment” as defined in the Restatement Agreement.

  • Under the Second Restatement, therefore, there can be no ratification by an undisclosed principal.

  • As the Second Restatement of Agency put it:9[If a director] has "inside" information ...[, then] profits made by him in stock transactions undertaken because of his knowledge are held in constructive trust for the principal.

  • David Sloss implies that after the publication of section 141 in the Second Restatement, courts were also more likely to find that treaties were not self-executing.

  • Instead, by the logic of the Second Restatement, they would owe those profits to the firm.Some commentators do imply that directors should pay their insider profits to their firm.

  • The government and KUKL have agreed with ADB on certain covenants for the project, which are set forth in the loan and project agreements.

  • The Tinchers asserted claims premised upon theories of strict liability, negligence, and breach of warranty.In relevant part, the Tinchers’ complaint relies upon the theory of strict liability articulated in Section 402A of the Second Restatement of Torts, but as followed and construed in Pennsylvania.

  • See Robert Braucher, Freedom of Contract and the Second Restatement, 78 YALE L.J. 598, 616 (1969); E.


More Definitions of Second Restatement

Second Restatement means this Second Amended and Restated Loan and Security Agreement, as may be amended, supplemented, restated or otherwise modified from time to time.
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Second Restatement means the Amended and Restated Trust Indenture (Second) between the Trustee and IUBC dated as of February 1, 2014.
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Second Restatement shall refer to the Second Amended and Restated Credit Agreement dated as of May 23, 2005 between the Borrower, the Subsidiary Guarantors, each of the lenders listed on the signature pages thereto under the heading "REVOLVING CREDIT LENDERS", each of the lenders that becomes a party thereto as a Tranche D Term Loan Lender pursuant to a Lender Addendum in the form of Schedule I thereto, and the Administrative Agent.
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Second Restatement means this Second Amended and Restated Credit Agreement.
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Related to Second Restatement

  • Second Restatement Date means October 20, 2011.

  • Second Restatement Effective Date has the meaning specified in the Second Amendment Agreement.

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • Amendment and Restatement Effective Date means June 28, 2018, the date the amendments and restatements to the Plan of May 7, 2018 are subject to approval by the Company’s stockholders at the Company’s 2018 Annual Meeting.

  • Amended and Restated Bylaws means the Amended and Restated Bylaws of the Fund in effect at the time the Registration Statement relating to the Preferred Shares is declared effective by the Securities and Exchange Commission, specifying the powers, preferences and rights of the Preferred Shares.

  • Financial Restatement means a restatement of previously issued financial statements of the Company due to the material noncompliance of the Company with any financial reporting requirement under the securities laws, including any required restatement to correct an error in previously-issued financial statements that is material to the previously-issued financial statements or that would result in a material misstatement if the error were corrected in the current period or left uncorrected in the current period.

  • Restatement Agreement has the meaning set forth in the introductory statement of this Agreement.

  • Amended and Restated Credit Agreement has the meaning specified in the recitals to this Agreement.

  • First Restatement Effective Date means the “Restatement Effective Date” as defined in the First Amendment Agreement.

  • Declaration of Trust means this Agreement and Declaration of Trust, as amended or restated from time to time;

  • the first supplementary agreement means the agreement of which a copy is set out in the Second Schedule;

  • Operating Agreement means the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in section 489.110, subsection 1. The term includes the agreement as amended or restated.

  • Second Amended and Restated Credit Agreement shall have the meaning assigned to such term in the recitals of this Agreement.

  • Accounting Restatement means an accounting restatement that the Company is required to prepare due to the material noncompliance of the Company with any financial reporting requirement under the securities laws, including any required accounting restatement to correct an error in previously issued financial statements that is material to the previously issued financial statements, or that would result in a material misstatement if the error were corrected in the current period or left uncorrected in the current period.

  • Dated _________________________ NOTICE: The signature to this assignment must correspond with the name as written upon the face of this Certificate in every particular without alteration or enlargement or any change whatever. _______________________________ SIGNATURE GUARANTEED The signature must be guaranteed by a commercial bank or trust company or by a member firm of the New York Stock Exchange or another national securities exchange. Notarized or witnessed signatures are not acceptable. DISTRIBUTION INSTRUCTIONS The assignee should include the following for purposes of distribution: Distributions shall be made, by wire transfer or otherwise, in immediately available funds to _________________________________ for the account of __________________________________ account number _______________ or, if mailed by check, to _______________________________________. Statements should be mailed to _______________________________________________________________. This information is provided by assignee named above, or ______________________________ , as its agent. EXHIBIT A-4 J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP. XXXXXXXXXL XXXXGAGE PASS-THROUGH CERTIFICATES SERIES 2005-LDP3, CLASS A-4A THE PORTION OF THE CERTIFICATE BALANCE OF THE CERTIFICATES EVIDENCED BY THIS CERTIFICATE WILL BE DECREASED BY THE PORTION OF PRINCIPAL DISTRIBUTIONS ON THE CERTIFICATES AND THE PORTION OF COLLATERAL SUPPORT DEFICIT ALLOCABLE TO THIS CERTIFICATE. ACCORDINGLY, THE CERTIFICATE BALANCE OF THIS CERTIFICATE MAY BE LESS THAN THAT SET FORTH BELOW. ANYONE ACQUIRING THIS CERTIFICATE MAY ASCERTAIN ITS CURRENT CERTIFICATE BALANCE BY INQUIRY OF THE PAYING AGENT. THIS CERTIFICATE CONSTITUTES A REMIC REGULAR INTEREST UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. Unless this Certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the certificate registrar for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. PASS-THROUGH RATE: FIXED IN ACCORDANCE MASTER SERVICER: GMAC COMMERCIAL WITH POOLING AND SERVICE AGREEMENT MORTGAGE CORPORATION DENOMINATION: $500,000,000, $46,251,000 SPECIAL SERVICER: CWCAPITAL ASSET MANAGEMENT LLC DATE OF POOLING AND SERVICING AGREEMENT: AS OF AUGUST 1, 2005 TRUSTEE: WELLS FARGO BANK, N.A.

  • Amendment to Allege Use or similar filing with respect thereto, by the United States Patent and Trademark Office, only to the extent, if any, that, and solely during the period if any, in which, the grant of a security interest therein may impair the validity or enforceability of such intent-to-use (or similar) Trademark application under applicable federal Law,

  • Asset Management Agreement means, as the context requires, any agreement entered into between a Series and an Asset Manager pursuant to which such Asset Manager is appointed as manager of the relevant Series Assets, as amended from time to time.

  • Accounting Restatement Date means the earlier to occur of (a) the date that the Board, a committee of the Board authorized to take such action, or the officer or officers of the Company authorized to take such action if Board action is not required, concludes, or reasonably should have concluded, that the Company is required to prepare an Accounting Restatement, or (b) the date that a court, regulator or other legally authorized body directs the Company to prepare an Accounting Restatement.

  • Restatement Effective Date has the meaning assigned to such term in the Amendment and Restatement Agreement.

  • Operating Partnership Agreement means the Fifth Amended and Restated Agreement of Limited Partnership of the Operating Partnership, as it may be amended, supplemented or restated from time to time.

  • Existing Management Agreement means that certain management agreement between the Seller and the Existing Manager for the operation and management of the Hotel.

  • Amendment Date has the meaning set forth in the preamble.

  • Restatement means an accounting restatement to correct the Company’s material noncompliance with any financial reporting requirement under securities laws, including restatements that correct an error in previously issued financial statements (a) that is material to the previously issued financial statements or (b) that would result in a material misstatement if the error were corrected in the current period or left uncorrected in the current period.

  • Memorandum of Agreement means the agreement executed by and between FFA and the Institution in which these Conditions have been incorporated by reference;

  • Amended and Restated Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of the Company, as in effect as of the Effective Date.

  • Strategic Alliance Agreement means the Strategic Alliance Agreement among the Corporation, Ciba-Geigy Limited and Ciba-Geigy Corporation, dated as of September 29, 1995, as amended, and any of their respective permitted successors or assigns thereunder. ANNEX A NOTICE OF GRANT EMPLOYEE STOCK OPTION HEXCEL CORPORATION INCENTIVE STOCK PLAN The following employee of Hexcel Corporation, a Delaware corporation ("Hexcel") or a Subsidiary, has been granted an option to purchase shares of the Common Stock of Hexcel, $.01 par value, in accordance with the terms of this Notice of Grant and the Employee Option Agreement to which this Notice of Grant is attached. The following is a summary of the principal terms of the option which has been granted. The terms below shall have the meanings ascribed to them below when used in the Employee Option Agreement. ----------------------------------------------------------------------------- Optionee ----------------------------------------------------------------------------- Address of Optionee ----------------------------------------------------------------------------- Employee Number ----------------------------------------------------------------------------- Employee ID Number ----------------------------------------------------------------------------- Foreign Sub Plan, if applicable ----------------------------------------------------------------------------- Grant Date October 13, 1998 ----------------------------------------------------------------------------- Purchase Price $8.75 ----------------------------------------------------------------------------- Aggregate Number of Shares Granted (the "Option Shares") -----------------------------------------------------------------------------