Certain Definitions Clause Example with 4 Variations from Business Contracts

Certain Definitions. As used in this Agreement, the following terms have the meanings set forth below: 2.1 2.1. "Affiliate" means, with respect to any Person, (i) any Person directly or indirectly controlling, controlled by or under common control with such Person, (ii) any Person owning or controlling fifty percent (50%) or more of the outstanding voting interests of such Person, (iii) any officer, director, general partner, managing member, or trustee of, or Person serving in a similar capacity with respect to, su...ch Person, or (iv) any Person who is an officer, director, general partner, member, trustee, or holder of fifty percent (50%) or more of the voting interests of any Person described in clauses (i), (ii), or (iii) of this sentence. For purposes of this definition, the terms "controlling," "controlled by," or "under common control with" shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. 2.2 2.2. "Bancorp" means Eagle Bancorp, Inc., a Maryland corporation. 2.3 corporation, publicly traded as a bank holding company. 2.3. "Bank" is defined in the introduction to the Recitals. above. If the Bank is merged into any other Entity, or transfers substantially all of its business operations or assets to another Entity, the term "Bank" shall be deemed to include such successor Entity for purposes of applying Article 8 of this Agreement. 2.4 2.4. "Bank Entities" means and includes any of the Bank, Bancorp and their Affiliates. 2.5 2.5. "Bank Regulatory Agency" means any governmental authority, regulatory agency, ministry, department, statutory corporation, central bank or other body of the United States or of any other country or of any state or other political subdivision of any of them having jurisdiction over the Bank or any transaction contemplated, undertaken or proposed to be undertaken by the Bank, including, but not necessarily be limited to: (a) the Federal Deposit Insurance Corporation or any other federal or state depository insurance organization or fund; (b) the Federal Reserve System, the Maryland Division of Financial Institutions, or any other federal or state bank regulatory or commissioner's office; (c) any Person established, organized, owned (in whole or in part) or controlled by any of the foregoing; and (d) any predecessor, successor or assignee of any of the foregoing. 2.6 2.6. "Board" means the Board of Directors of the Bank. 2.7 2.7. "Code" means the Internal Revenue Code of 1986, as amended. 2.8 "Expiration Date" 2.8. "Competitive Business" means the earlier banking and financial services business, which includes, without limitation, consumer savings, commercial banking, the insurance and trust business, the savings and loan business and mortgage lending, or any other business in which any of the expiration Bank Entities is engaged or has invested significant resources within the prior six (6) month period in preparation for becoming actively engaged; provided that after the Termination Date, such period shall be deemed to end on the Termination Date. 2.9. "Competitive Products or Services" means, as of any time during the Term, those products or services of the Restricted Period hereunder type that any of the Bank Entities is providing, or is actively preparing to provide, to its customers. 2.10. "Disability" means a mental or physical condition which, in the good faith opinion of the Board, renders Executive, with or without reasonable accommodation, unable or incompetent to carry out the essential functions of the position or the date material job responsibilities which Executive held or the material duties to which Executive was assigned at the time the disability was incurred, which has existed for at least three (3) months and which in the opinion of a physician mutually agreed upon which by the Bank elects and Executive (provided that neither party shall unreasonably withhold such agreement) is expected to terminate this Agreement due be permanent or to last for an indefinite duration or a violation duration in excess of Article 8 by Executive. 2.9 nine (9) months. 2.11. "Entity" means any partnership, corporation, limited liability company, trust, joint venture, unincorporated association, or other entity or association. -2- 2.12. "Person" means any individual or Entity. 2.10 2.13. "Section 409A" means Section 409A of the Code and the regulations and administrative guidance promulgated thereunder. 2.11 2.14. "Term" means the period commencing on the Effective Date and ending on the Termination Date. 2.15. "Termination Date" means the Expiration Date or date upon which Executive ceases to provide services to the Termination Date under the Employment Agreement. Bank and Bancorp hereunder. Other terms are defined throughout this Agreement and have the meanings so given them. View More

Certain Definitions. As used in this Agreement, the following terms have the meanings set forth below: 2.1 "Affiliate" means, with respect to any Person, (i) any Person directly or indirectly controlling, controlled by or under common control with such Person, (ii) any Person owning or controlling fifty percent (50%) or more of the outstanding voting interests of such Person, (iii) any officer, director, general partner, managing member, or trustee of, or Person serving in a similar capacity with respect to, such Pe...rson, or (iv) any Person who is an officer, director, general partner, member, trustee, or holder of fifty percent (50%) or more of the voting interests of any Person described in clauses (i), (ii), or (iii) of this sentence. For purposes of this definition, the terms "controlling," "controlled by," or "under common control with" shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. 2.2 "Bancorp" means Eagle Bancorp, Inc., a Maryland corporation. 2.3 "Bank" is defined in the introduction to the Recitals. If the Bank is merged into any other Entity, or transfers substantially all of its business operations or assets to another Entity, the term "Bank" shall be deemed to include such successor Entity for purposes of applying Article 8 of this Agreement. 2.4 "Bank Entities" means and includes any of the Bank, Bancorp and their Affiliates. 2.5 "Bank Regulatory Agency" means any governmental authority, regulatory agency, ministry, department, statutory corporation, central bank or other body of the United States or of any other country or of any state or other political subdivision of any of them having jurisdiction over the Bank or any transaction contemplated, undertaken or proposed to be undertaken by the Bank, including, but not necessarily be limited to: (a) the Federal Deposit Insurance Corporation or any other federal or state depository insurance organization or fund; (b) the Federal Reserve System, the Maryland Division of Financial Institutions, or any other federal or state bank regulatory or commissioner's office; (c) any Person established, organized, owned (in whole or in part) or controlled by any of the foregoing; and (d) any predecessor, successor or assignee of any of the foregoing. 2.6 "Board" means the Board of Directors of the Bank. 2.7 "Code" means the Internal Revenue Code of 1986, as amended. 2.8 "Competitive Business" means the banking and financial services business, which includes, without limitation, consumer savings, commercial banking, the insurance and trust business, the savings and loan business and mortgage lending, or any other business in which any of the Bank Entities is engaged or has invested significant resources within the prior six (6) month period in preparation for becoming actively engaged. 2.9 "Competitive Products or Services" means, as of any time, those products or services of the type that any of the Bank Entities is providing, or is actively preparing to provide, to its customers. 2.10 "Disability" means a mental or physical condition which, in the good faith opinion of the Board, renders Executive, with or without reasonable accommodation, unable or incompetent to carry out the essential functions of the position or the material job responsibilities which Executive held or the material duties to which Executive was assigned at the time the disability was incurred, which has existed for at least three (3) months and which in the opinion of a physician mutually agreed upon by the Bank and Executive (provided that neither party shall unreasonably withhold such agreement) is expected to be permanent or to last for an indefinite duration or a duration in excess of nine (9) months. 2.11 "Expiration Date" means the earlier of the expiration of the Restricted Period hereunder or the date upon which the Bank elects to terminate this Agreement due to a violation of Article 8 by Executive. 2.9 August 31, 2016. 2.12 "Person" means any individual or Entity. 2.10 2.13 "Section 409A" means Section 409A of the Code and the regulations and administrative guidance promulgated thereunder. 2.11 2.14 "Termination Date" means the Expiration Date or such earlier date on which the Termination Date under the Employment Agreement. Term expires pursuant to Section 3.1 or is terminated pursuant to Section 7.2, 7.3, 7.4, 7.5, 9.2 or 9.3, as applicable. Other terms are defined throughout this Agreement and have the meanings so given them. View More

Certain Definitions. As used in this Agreement, the following terms have the meanings set forth below: 2.1 "Affiliate" means, with respect to any Person, (i) any Person directly or indirectly controlling, controlled by or under common control with such Person, (ii) any Person owning or controlling fifty percent (50%) or more of the outstanding voting interests of such Person, (iii) any officer, director, general partner, managing member, or trustee of, or Person serving in a similar capacity with respect to, such Pe...rson, or (iv) any Person who is an officer, director, general partner, member, trustee, or holder of fifty percent (50%) or more of the voting interests of any Person described in clauses (i), (ii), or (iii) of this sentence. For purposes of this definition, the terms "controlling," "controlled by," or "under common control with" shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. 2.2 "Bancorp" means Eagle Bancorp, Inc., a Maryland corporation. 2.3 "Bank" is defined in the introduction to the Recitals. If the Bank is merged into any other Entity, or transfers substantially all of its business operations or assets to another Entity, the term "Bank" shall be deemed to include such successor Entity for purposes of applying Article 8 of this Agreement. 2.4 "Bank Entities" means and includes any of the Bank, Bancorp and their Affiliates. 2.5 "Bank Regulatory Agency" means any governmental authority, regulatory agency, ministry, department, statutory corporation, central bank or other body of the United States or of any other country or of any state or other political subdivision of any of them having jurisdiction over the Bank or any transaction contemplated, undertaken or proposed to be undertaken by the Bank, including, but not necessarily be limited to: (a) the Federal Deposit Insurance Corporation or any other federal or state depository insurance organization or fund; (b) the Federal Reserve System, the Maryland Division of Financial Institutions, or any other federal or state bank regulatory or commissioner's office; (c) any Person established, organized, owned (in whole or in part) or controlled by any of the foregoing; and (d) any predecessor, successor or assignee of any of the foregoing. 2.6 "Board" means the Board of Directors of the Bank. 2.7 "Code" means the Internal Revenue Code of 1986, as amended. 2.8 "Competitive Business" means the banking and financial services business, which includes, without limitation, consumer savings, commercial banking, the insurance and trust business, the savings and loan business and mortgage lending, or any other business in which any of the Bank Entities is engaged or has invested significant resources within the prior six (6) month period in preparation for becoming actively engaged. 2.9 "Competitive Products or Services" means, as of any time, those products or services of the type that any of the Bank Entities is providing, or is actively preparing to provide, to its customers. 2.10 "Disability" means a mental or physical condition which, in the good faith opinion of the Board, renders Executive, with or without reasonable accommodation, unable or incompetent to carry out the essential functions of the position or the material job responsibilities which Executive held or the material duties to which Executive was assigned at the time the disability was incurred, which has existed for at least three (3) months and which in the opinion of a physician mutually agreed upon by the Bank and Executive (provided that neither party shall unreasonably withhold such agreement) is expected to be permanent or to last for an indefinite duration or a duration in excess of nine (9) months. 2.11 "Expiration Date" means the earlier of the expiration of the Restricted Period hereunder or the date upon which the Bank elects to terminate this Agreement due to a violation of Article 8 by Executive. 2.9 September 30, 2015. 2.12 "Person" means any individual or Entity. 2.10 2.13 "Section 409A" means Section 409A of the Code and the regulations and administrative guidance promulgated thereunder. 2.11 2.14 "Termination Date" means the Expiration Date or such earlier date on which the Termination Date under the Employment Agreement. Term expires pursuant to Section 3.1 or is terminated pursuant to Section 7.2, 7.3, 7.4, 7.5, 9.2 or 9.3, as applicable. Other terms are defined throughout this Agreement and have the meanings so given them. View More

Certain Definitions. As used in this Agreement, the following terms have the meanings set forth below: 2.1 "Affiliate" means, with respect to any Person, (i) any Person directly or indirectly controlling, controlled by or under common control with such Person, (ii) any Person owning or controlling fifty percent (50%) or more of the outstanding voting interests of such Person, (iii) any officer, director, general partner, managing member, or trustee of, or Person serving in a similar capacity with respect to, such Pe...rson, or (iv) any Person who is an officer, director, general partner, member, trustee, or holder of fifty percent (50%) or more of the voting interests of any Person described in clauses (i), (ii), or (iii) of this sentence. For purposes of this definition, the terms "controlling," "controlled by," or "under common control with" shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. 2.2 "Bancorp" means Eagle Bancorp, Inc., a Maryland corporation. 2.3 "Bank" is defined in the introduction to the Recitals. If the Bank is merged into any other Entity, or transfers substantially all of its business operations or assets to another Entity, the term "Bank" shall be deemed to include such successor Entity for purposes of applying Article 8 of this Agreement. 2.4 "Bank Entities" means and includes any of the Bank, Bancorp and their Affiliates. 2.5 "Bank Regulatory Agency" means any governmental authority, regulatory agency, ministry, department, statutory corporation, central bank or other body of the United States or of any other country or of any state or other political subdivision of any of them having jurisdiction over the Bank or any transaction contemplated, undertaken or proposed to be undertaken by the Bank, including, but not necessarily be limited to: (a) the Federal Deposit Insurance Corporation or any other federal or state depository insurance organization or fund; (b) the Federal Reserve System, the Maryland Division of Financial Institutions, or any other federal or state bank regulatory or commissioner's office; (c) any Person established, organized, owned (in whole or in part) or controlled by any of the foregoing; and (d) any predecessor, successor or assignee of any of the foregoing. 2.6 "Board" means the Board of Directors of the Bank. 2.7 "Code" means the Internal Revenue Code of 1986, as amended. 2.8 "Competitive Business" means the banking and financial services business, which includes, without limitation, consumer savings, commercial banking, the insurance and trust business, the savings and loan business and mortgage lending, or any other business in which any of the Bank Entities is engaged or has invested significant resources within the prior six (6) month period in preparation for becoming actively engaged. 2.9 "Competitive Products or Services" means, as of any time, those products or services of the type that any of the Bank Entities is providing, or is actively preparing to provide, to its customers. 2.10 "Disability" means a mental or physical condition which, in the good faith opinion of the Board, renders Executive, with or without reasonable accommodation, unable or incompetent to carry out the essential functions of the position or the material job responsibilities which Executive held or the material duties to which Executive was assigned at the time the disability was incurred, which has existed for at least three (3) months and which in the opinion of a physician mutually agreed upon by the Bank and Executive (provided that neither party shall unreasonably withhold such agreement) is expected to be permanent or to last for an indefinite duration or a duration in excess of nine (9) months. 2.11 "Expiration Date" means the earlier of the expiration of the Restricted Period hereunder or the date upon which the Bank elects to terminate this Agreement due to a violation of Article 8 by Executive. 2.9 August 31, 2017. 2.12 "Person" means any individual or Entity. 2.10 2.13 "Section 409A" means Section 409A of the Code and the regulations and administrative guidance promulgated thereunder. 2.11 2.14 "Termination Date" means the Expiration Date or such earlier date on which the Termination Date under the Employment Agreement. Term expires pursuant to Section 3.1 or is terminated pursuant to Section 7.2, 7.3, 7.4, 7.5, 9.2 or 9.3, as applicable. Other terms are defined throughout this Agreement and have the meanings so given them. View More