The terms affiliated person," "assignment," "interested person" and "vote of a majority of the outstanding voting securities", when used in this Agreement, shall have the respective meanings specified in the Investment Company Act.
Medium Term Notes means Securities that are collateralized in an amount equal to their full Outstanding principal amount and have a Stated Maturity in excess of 270 days after the date of original issuance thereof.
Existing Term Loan Agreement means that certain Term Loan Agreement, dated as of April 9, 2020, by and among the Borrower, the lenders from time to time party thereto and Crédit Agricole Corporate and Investment Bank, as administrative agent for the lenders, as amended, modified, supplemented or replaced from time to time.
Data Terms Website means hxxx://xxxxxxxxx.xxx/xxxxxxxx/assetservicing/vendoragreement.pdf or any successor website the address of which is provided by the Custodian to the Fund.
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.
the first supplementary agreement means the agreement of which a copy is set out in the Second Schedule;
Defined Terms As used herein:
standard term sheet has the meaning ascribed thereto in NI 41-101;
Relationship Agreement means the relationship agreement between certain members of the Brookfield Group, the Partnership, BRELP, the Holding Entities and others;
Non-U.S. Bank as defined in subsection 2.15(c)(ii).
References to other enterprises" shall include employee benefit plans; references to "fines" shall include any excise taxes assessed on Indemnitee with respect to an employee benefit plan; and references to "serving at the request of the Company" shall include any service as a director, officer, employee, agent or fiduciary of the Company which imposes duties on, or involves services by, such director, officer, employee, agent or fiduciary with respect to an employee benefit plan, its participants or its beneficiaries; and if Indemnitee acted in good faith and in a manner Indemnitee reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan, Indemnitee shall be deemed to have acted in a manner "not opposed to the best interests of the Company" as referred to in this Agreement.
Fifth Third means Fifth Third Bank, National Association.
Permitted Purpose means any activity or process to be undertaken or supervised by a Staff member of one Party during the term of this Agreement, for which purpose authorised disclosure of the other Party’s Confidential Information or Intellectual Property is a prerequisite in order to enable such activity or process to be accomplished;
Second Amended and Restated Credit Agreement shall have the meaning assigned to such term in the recitals of this Agreement.
Appendix A means Appendix A to this Agreement, which is hereby incorporated herein and made a part hereof. Appendix A describes the performance factor and goals with respect to the Internal Performance Units.
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.
Successors and Assigns as used herein shall mean a corporation or other entity acquiring all or substantially all the assets and business of the Company (including this Agreement) whether by operation of law or otherwise.
definition of Monthly Advance" in Article I is hereby amended in its entirety to read as follows:
Amended and Restated Credit Agreement has the meaning specified in the recitals to this Agreement.
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: