Defined Terms Clause Example with 17 Variations from Business Contracts
This page contains Defined Terms clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note shall have the same meanings when used herein. SECTION 2. Amendments. a. In the last sentence of the second paragraph of the Existing Note the phrase, "June 1, 2020" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" b. In the third paragraph of the Existing Note the phrase, "June 1, 2020" is hereby deleted in its entirety and replaced with the following: "September 1, 2020"... SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note. SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended). SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Amendment. SECTION 6. Governing Law. Pursuant to Section 101.106(b) of Part 13 of the Code of Federal Regulations, this Amendment is to be construed and enforced in accordance with the Act, the Regulations and other Federal law, and in the absence of applicable Federal law, then by applicable New York law to the extent it does not conflict with the Act, the Regulations or other Federal law.View More
Variations of a "Defined Terms" Clause from Business Contracts
Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note Agreement shall have the same meanings when used herein. SECTION 2. Amendments. a. In the last sentence of the second paragraph Section 3 of the Existing Note Agreement the phrase, "June "February 1, 2020" 2018: $5,500,000 (five million five hundred thousand dollars);" is hereby deleted in its entirety and replaced with the following: "September "February 1, 2020" 2018: $5,000,000 (five million dollars);" b. I...n the third paragraph Section 3 of the Existing Note Agreement the phrase, "June "February 1, 2020" 2019: $9,500,000 (nine million five hundred thousand dollars); and" is hereby deleted in its entirety and replaced with the following: "September "February 1, 2020" 2019: $10,000,000 (ten million dollars); and" c. The fourth and fifth sentences of Section 6 of the Existing Agreement which state, "As of the date of the Loan Agreement, SBA has approved the establishment of an initial Reserve in the amount of 18 months of management and operating expenses, initially equal to $1,575,000 plus any approved SBA follow-on investment(s). Any increase or decrease to this Reserve of 18 months of management and operating expenses, initially equal to $1,575,000, must be approved by SBA in writing." are hereby deleted in their entirety and replaced with the following: "SBA has approved the establishment of a Reserve in the amount of 6 months of management and operating expenses, equal to $525,000 plus any approved SBA follow-on investment(s). Any increase or decrease to this Reserve of 6 months of management and operating expenses, equal to $525,000, must be approved by SBA in writing; provided, however, that the Reserve shall never be less than the amount of 3 months of management and operating expenses, equal to $262,500." SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note Agreement on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note. Agreement. SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note Agreement shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended). SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Amendment. SECTION 6. Governing Law. Pursuant to Section 101.106(b) of Part 13 of the Code of Federal Regulations, this Amendment is to be construed and enforced in accordance with the Act, the Regulations and other Federal law, and in the absence of applicable Federal law, then by applicable New York law to the extent it does not conflict with the Act, the Regulations or other Federal law. View More
Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note Agreement shall have the same meanings when used herein. SECTION 2. Amendments. a. In the last sentence of the second paragraph a.The following subsection (k) shall be added to Section 1 of the Existing Note Agreement: ""Maturity Date" shall mean the maturity date of Medallion Financial Corp.'s publicly-traded 9.000% Senior Notes currently due April 15, 2021 (the "Public Debt"), provided, however, that (1) upo...n Medallion Financial Corp.'s refinancing of the Public Debt (the "Replacement Debt"), "Maturity Date" shall mean the earlier of (a) the maturity date of the Replacement Debt or (b) April 30, 2024, (2) upon Medallion Financial Corp.'s repayment of the Public Debt without refinancing, "Maturity Date" shall mean April 30, 2024, and (3) under no circumstances shall "Maturity Date" be any date after April 30, 2024." b.In the first sentence of Section 3 of the Existing Agreement the phrase, "June 1, "September 23, 2020" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" b. In "the Maturity Date" c.In the third paragraph second sentence of Section 3 of the Existing Note Agreement the phrase, "June 1, "September 23, 2020" is hereby deleted in its entirety and replaced with the following: "Maturity Date" d.In the second sentence of Section 4 of the Existing Agreement the phrase, "September 1, 23, 2020" is hereby deleted in its entirety and replaced with the following: "the Maturity Date" SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note Agreement on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note. Agreement. Without limiting the foregoing, Licensee represents and warrants to SBA that its consent to receivership and stipulation that are part of the Existing Agreement and that were executed on January 25, 2017 remain valid and enforceable against it by SBA. SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note Agreement shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended). SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Amendment. SECTION 6. Governing Law. Pursuant to Section 101.106(b) of Part 13 of the Code of Federal Regulations, this Amendment is to be construed and enforced in accordance with the Act, the Regulations and other Federal law, and in the absence of applicable Federal law, then by applicable New York law to the extent it does not conflict with the Act, the Regulations or other Federal law. View More
Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note shall have the same meanings when used herein. SECTION 2. Amendments. a. In the last sentence of the second third paragraph of the Existing Note the phrase, "June "February 1, 2020" 2018: $5,500,000 (five million five hundred thousand dollars);" is hereby deleted in its entirety and replaced with the following: "September "February 1, 2020" 2018: $5,000,000 (five million dollars);" b. In the third paragraph of... the Existing Note the phrase, "June "February 1, 2020" 2019: $9,500,000 (nine million five hundred thousand dollars); and" is hereby deleted in its entirety and replaced with the following: "September "February 1, 2020" 2019: $10,000,000 (ten million dollars); and" SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note. SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended). 1 SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Amendment. SECTION 6. Governing Law. Pursuant to Section 101.106(b) of Part 13 of the Code of Federal Regulations, this Amendment is to be construed and enforced in accordance with the Act, the Regulations and other Federal law, and in the absence of applicable Federal law, then by applicable New York law to the extent it does not conflict with the Act, the Regulations or other Federal law. View More
Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note shall have the same meanings when used herein. SECTION 2. Amendments. a. In the last sentence of the second paragraph of the Existing Note the phrase, "June 1, "date September 23, 2020" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" "Maturity Date" b. The following sentence shall be added to the end of the second paragraph of the Existing Note: ""Maturity Date" shall mea...n the maturity date of Medallion Financial Corp.'s publicly-traded 9.000% Senior Notes currently due April 15, 2021 (the "Public Debt"), provided, however, that (1) upon Medallion Financial Corp.'s refinancing of the Public Debt (the "Replacement Debt"), "Maturity Date" shall mean the earlier of (a) the maturity date of the Replacement Debt or (b) April 30, 2024, (2) upon Medallion Financial Corp.'s repayment of the Public Debt without refinancing, "Maturity Date" shall mean April 30, 2024, and (3) under no circumstances shall "Maturity Date" be any date after April 30, 2024." c. In the third paragraph of the Existing Note the phrase, "June 1, "September 23, 2020" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" "Maturity Date" SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note. SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended). SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Amendment. SECTION 6. Governing Law. Pursuant to Section 101.106(b) of Part 13 of the Code of Federal Regulations, this Amendment is to be construed and enforced in accordance with the Act, the Regulations and other Federal law, and in the absence of applicable Federal law, then by applicable New York law to the extent it does not conflict with the Act, the Regulations or other Federal law. View More
Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note Agreement shall have the same meanings when used herein. SECTION 2. Amendments. a. Amendment. In the last sentence of the second paragraph Section 3 of the Existing Note Agreement the phrase, "June "February 1, 2020" 2019: $10,000,000 (ten million dollars); and" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" b. In the third paragraph of the Existing Note the phrase, "Jun...e 1, 2020" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" "February 15, 2019: $10,000,000 (ten million dollars); and" SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note Agreement on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note. Agreement. SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note Agreement shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended). SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Amendment. SECTION 6. Governing Law. Pursuant to Section 101.106(b) of Part 13 of the Code of Federal Regulations, this Amendment is to be construed and enforced in accordance with the Act, the Regulations and other Federal law, and in the absence of applicable Federal law, then by applicable New York law to the extent it does not conflict with the Act, the Regulations or other Federal law. View More
Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note Agreement shall have the same meanings when used herein. SECTION 2. Amendments. a. Amendment. In the last sentence of the second paragraph Section 3 of the Existing Note Agreement the phrase, "June 1, 2020" "February 15, 2019: $10,000,000 (ten million dollars); and" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" b. In the third paragraph of the Existing Note the phrase, ..."June 1, 2020" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" "March 15, 2019: $10,000,000 (ten million dollars); and" SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note Agreement on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note. Agreement. SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note Agreement shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended). SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Amendment. SECTION 6. Governing Law. Pursuant to Section 101.106(b) of Part 13 of the Code of Federal Regulations, this Amendment is to be construed and enforced in accordance with the Act, the Regulations and other Federal law, and in the absence of applicable Federal law, then by applicable New York law to the extent it does not conflict with the Act, the Regulations or other Federal law. View More
Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note Agreement shall have the same meanings when used herein. SECTION 2. Amendments. a. Amendment. In the last sentence of the second paragraph Section 3 of the Existing Note Agreement the phrase, "June 1, 2020" "March 15, 2019: $10,000,000 (ten million dollars); and" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" b. In the third paragraph of the Existing Note the phrase, "Ju...ne 1, 2020" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" "March 27, 2019: $10,000,000 (ten million dollars); and" SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note Agreement on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note. Agreement. SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note Agreement shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended). SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Amendment. SECTION 6. Governing Law. Pursuant to Section 101.106(b) of Part 13 of the Code of Federal Regulations, this Amendment is to be construed and enforced in accordance with the Act, the Regulations and other Federal law, and in the absence of applicable Federal law, then by applicable New York law to the extent it does not conflict with the Act, the Regulations or other Federal law. View More
Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note shall have the same meanings when used herein. SECTION 2. Amendments. a. Amendment. In the last sentence of the second third paragraph of the Existing Note the phrase, "June "February 1, 2020" 2019: $10,000,000 (ten million dollars); and" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" b. In the third paragraph of the Existing Note the phrase, "June 1, 2020" is hereby del...eted in its entirety and replaced with the following: "September 1, 2020" "February 15, 2019: $10,000,000 (ten million dollars); and" SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note. SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended). SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Amendment. 1 SECTION 6. Governing Law. Pursuant to Section 101.106(b) of Part 13 of the Code of Federal Regulations, this Amendment is to be construed and enforced in accordance with the Act, the Regulations and other Federal law, and in the absence of applicable Federal law, then by applicable New York law to the extent it does not conflict with the Act, the Regulations or other Federal law. View More
Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note shall have the same meanings when used herein. SECTION 2. Amendments. a. Amendment. In the last sentence of the second third paragraph of the Existing Note the phrase, "June 1, 2020" "February 15, 2019: $10,000,000 (ten million dollars); and" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" b. In the third paragraph of the Existing Note the phrase, "June 1, 2020" is hereby... deleted in its entirety and replaced with the following: "September 1, 2020" "March 15, 2019: $10,000,000 (ten million dollars); and" SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note. SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended). SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Amendment. 1 SECTION 6. Governing Law. Pursuant to Section 101.106(b) of Part 13 of the Code of Federal Regulations, this Amendment is to be construed and enforced in accordance with the Act, the Regulations and other Federal law, and in the absence of applicable Federal law, then by applicable New York law to the extent it does not conflict with the Act, the Regulations or other Federal law. View More
Defined Terms. Except as otherwise indicated herein, all words and terms defined in the Existing Note shall have the same meanings when used herein. SECTION 2. Amendments. a. Amendment. In the last sentence of the second third paragraph of the Existing Note the phrase, "June 1, 2020" "March 15, 2019: $10,000,000 (ten million dollars); and" is hereby deleted in its entirety and replaced with the following: "September 1, 2020" b. In the third paragraph of the Existing Note the phrase, "June 1, 2020" is hereby de...leted in its entirety and replaced with the following: "September 1, 2020" "March 27, 2019: $10,000,000 (ten million dollars); and" SECTION 3. Representations and Warranties. Each party hereby represents and warrants to the other party that it is in compliance with all the terms and provisions set forth in the Existing Note on its part to be observed or performed and hereby confirms and reaffirms each of its representations and warranties contained in the Existing Note. SECTION 4. Limited Effect. Except as expressly amended and modified by this Amendment, the Existing Note shall continue to be, and shall remain, in full force and effect in accordance with its terms (and as duly amended). SECTION 5. Counterparts. This Amendment may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Amendment in Portable Document Format (PDF) or by facsimile transmission shall be effective as delivery of an executed original counterpart of this Amendment. 1 SECTION 6. Governing Law. Pursuant to Section 101.106(b) of Part 13 of the Code of Federal Regulations, this Amendment is to be construed and enforced in accordance with the Act, the Regulations and other Federal law, and in the absence of applicable Federal law, then by applicable New York law to the extent it does not conflict with the Act, the Regulations or other Federal law. View More
