Notwithstanding anything to the contrary in this Section 3.38, Company does not represent or warrant that the projections and forward looking statements in Schedule 3.38 will occur or that the backlog will be recognized, and actual results may differ materially.
Section 385 Controlled Partnership has the meaning set forth in Treasury Regulation Section 1.385-1(c)(1) for a “controlled partnership”.
Retained Group means the Seller, its subsidiaries and subsidiary undertakings from time to time, any holding company of the Seller and all other subsidiaries or subsidiary undertakings of any such holding company (except members of the Group);
Seller Affiliate means any Affiliate of Seller.
Transferred Entities means the entities set forth on Schedule 1.5.
U.S. Purchaser is (a) any U.S. Person that purchased Units, (b) any person that purchased Units on behalf of any U.S. Person or any person in the United States, (c) any purchaser of Units that received an offer of the Units while in the United States, (d) any person that was in the United States at the time the purchaser’s buy order was made or the subscription agreement for Units was executed or delivered;
Subject Company shall have the meaning set forth in Section 6.10(a).
Seller Parent has the meaning set forth in the Preamble.
Seller has the meaning set forth in the Preamble.
Buyer has the meaning set forth in the preamble.
Acquiror has the meaning specified in the Preamble hereto.
Seller Affiliates has the meaning assigned to such term in Section 2.7.1;
Management Company Employee means an individual employed by a Person providing management services to the Company which are required for the ongoing successful operation of the business enterprise of the Company, but excluding a Person engaged in Investor Relations Activities;
Acquirer means a business organization, financial institution, or an agent of a business organization or financial institution that has authority from an organization that operates or licenses a credit card system to authorize merchants to accept, transmit, or process payment by credit card through the credit card system for money, goods or services, or anything else of value.
Taxable REIT Subsidiary means a “taxable REIT subsidiary” within the meaning of Section 856(l) of the Code.
Local Distribution Company or “LDC” means a Person licensed by the OEB as a “Distributor” in connection with a Distribution System.
Participating Affiliate means an Affiliate which has been designated by the Committee in advance of the Purchase Period in question as a corporation whose eligible Permanent Full-Time Employees may participate in the Plan.
Purchaser Parent has the meaning set forth in the preamble to this Agreement.
AT&T SOUTHEAST REGION 9-STATE means the AT&T owned ILEC(s) doing business in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee.
Tax Matters Partner has the meaning set forth in Section 5.08.
Foreign Purchaser has the meaning assigned thereto in Section 8(d).
Investment Company Client means any Investment Company (or series thereof ) as to which the Firm is an investment adviser or investment sub-adviser.