Grouped Into 132 Collections of Similar Clauses From Business Contracts
This page contains Defined Terms clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Defined Terms. Unless otherwise defined herein, terms defined in the Existing Forbearance Agreement or the Loan Agreement and used herein shall have the respective meanings given to them in the Existing Forbearance Agreement or the Loan Agreement, as applicable.
Defined Terms. Unless otherwise defined herein, terms defined in the Existing Forbearance and Waiver Agreement or the Loan Agreement and used herein shall have the respective meanings given to them in the Existing Forbearance and Waiver Agreement or the Loan Agreement, as applicable.
Defined Terms. Initially capitalized terms used herein and not defined herein that are defined in the Credit Agreement shall have the meanings assigned to them in the Credit Agreement (as amended hereby).
Defined Terms. Initially capitalized terms used herein and not defined herein that are defined in the Credit Loan Agreement shall have the meanings assigned to them in the Credit Loan Agreement (as amended hereby).
Defined Terms. Except as explicitly set forth in this First Amendment, each initially capitalized term when used herein shall have the same respective meaning as is set forth in the Lease.
Defined Terms. Except as explicitly set forth in this First Second Amendment, each initially capitalized term when used herein shall have the same respective meaning as is set forth in the Lease.
Defined Terms. All initially capitalized terms used but not otherwise defined herein have the meanings given to them in the Guaranty and Security Agreement or, if not defined therein, in the Credit Agreement, and this Trademark Security Agreement shall be subject to the rules of construction set forth in Section 1(b) of the Guaranty and Security Agreement, which rules of construction are incorporated herein by this reference, mutatis mutandis.
Defined Terms. All initially capitalized terms used but not otherwise defined herein have the meanings given to them in the Guaranty and Security Agreement or, if not defined therein, in the Credit Agreement, Indenture, and this Trademark Security Agreement shall be subject to the rules of construction set forth in Section 1(b) of the Guaranty and Security Agreement, which rules of construction are incorporated herein by this reference, mutatis mutandis.
Defined Terms. For purposes of this Note, the terms listed below shall have the respective meanings set forth below: 1.1 "business da y" means any day other than Saturday, Sunday or a legal holiday that banks located in Hawaii are not open for business; 1.2 "Common Stoc k" means the Common Stock, par value $0.001 per share, of the Company; 1.3 "Maturity Date" the earlier of (i) December 15, 2016 or (ii) the date of the closing of a firmly underwritten public offering pursuant to an effective registration state...ment under the Securities Act of 1933, as amended, covering the offer and sale of Common Stock for the account of the Company.View More
Defined Terms. For purposes of this Note, the terms listed below shall have the respective espective meanings set forth below: 1.1 "business da y" day" means any day other than Saturday, Sunday or a legal holiday that banks located in Hawaii are not open for business; business ; 1.2 "Common Stoc k" Stock" means the Common Stock, par value $0.001 per share, of the Company; 1.3 "Maturity Date" the earlier of (i) December 15, July 30, 2016 or (ii) the date of the closing of a firmly underwritten public offering p...ursuant to an effective registration statement under the Securities Act of 1933, as amended, covering the offer and sale of Common Stock for the account of the Company. View More
Defined Terms. Initially capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.
Defined Terms. Initially All capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement. Indenture.
Defined Terms. As used in this Joinder , terms defined in the Guarantee hereto are used herein as therein defined. The words "herein," "hereof" and "hereby" and other words of similar import used in this Joinder refer to this Joinder as a whole and not to any particular section hereof.
Defined Terms. As used in this Joinder , terms defined in the Guarantee hereto are used herein as therein defined. The words "herein," "hereof" "hereof"' and "hereby" and other words of similar import used in this Joinder refer to this Joinder as a whole and not to any particular section hereof.
Defined Terms. Each capitalized term used herein but not otherwise defined herein has the meaning given such term in the Credit Agreement or the Forbearance Agreement, as applicable. Unless otherwise indicated, all section references in this Amendment No. 1 refer to sections of the Credit Agreement. Section 2. Forbearance. Section 2.1 of the Forbearance Agreement is hereby amended and replaced in its entirety as follows: "The "Forbearance Period" shall commence on the Effective Time, and shall terminate immedi...ately and automatically upon the earliest to occur of (i) June 20, 2016, at 11:59 p.m. New York time (the "Forbearance Termination Date") and (ii) the termination of this Forbearance pursuant to Section 2.3 below." Section 3. Conditions to Effectiveness of this Amendment No. 1. This Amendment No. 1 shall become effective (the date of such effectiveness being referred to herein as the "Effective Time") upon (i) the Administrative Agent having received from the Borrower, the Guarantors and the Consenting Lenders sufficient to constitute the Required Lenders, counterparts of this Amendment No. 1 signed on behalf of such Person, (ii) execution of this Amendment No. 1 by the Administrative Agent and, (iii) receipt by the Administrative Agent of $2.5 million in cash (the "Forbearance Payment"), which payment shall be applied to prepay $2,457,321.11 in outstanding principal and $42,678.89 in accrued and unpaid interest on such principal amount of the loans outstanding under the Credit Agreement in accordance with Section 5.3.1 of the Credit Agreement. As of the Effective Time, notwithstanding any provision to the contrary in the Credit Agreement, (a) the Consenting Lenders, who constitute Required Lenders under the Credit Agreement, hereby irrevocably waive and direct the Administrative Agent to waive, (1) payment of the Applicable Premium in respect of the Forbearance Payment and (2) the requirement that the Borrower provide three business days' notice prior to any prepayment of any LIBOR Loans in connection with the Forbearance Payment and (b) the Borrower hereby irrevocably agrees to waive its right to apply the Forbearance Payment to the principal repayment installments set forth in Section 5.2.1 of the Credit Agreement prior to the Maturity Date. 1 Section 4. Miscellaneous 4.1 Counterparts. This Amendment No. 1 may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of this Amendment No. 1 by facsimile or electronic transmission in portable document format (.pdf) shall be effective as delivery of a manually executed counterpart hereof. 4.2 GOVERNING LAW. THIS AMENDMENT NO. 1 SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.View More
Defined Terms. Each capitalized term used herein but not otherwise defined herein has the meaning given such term in the Credit Agreement or the Forbearance Agreement, as applicable. Unless otherwise indicated, all section references in this Amendment No. 1 2 refer to sections of the Credit Agreement. Section 2. Forbearance. Section 2.1 of the Forbearance Agreement is hereby amended and replaced in its entirety as follows: "The "Forbearance Period" shall commence on the Effective Time, and shall terminate imme...diately and automatically upon the earliest to occur of (i) June 20, 2016, the Specified Date, at 11:59 p.m. New York time (the "Forbearance Termination Date") and (ii) the termination of this Forbearance pursuant to Section 2.3 below." below. The "Specified Date" shall be the date, not earlier than July 18, 2016, specified in a written (including via electronic mail) notice to the Borrower from the Administrative Agent or its counsel that sufficient Lenders have withdrawn in writing their support for the Forbearance Agreement such that it is no longer supported by the Required Lenders, which date is not fewer than five (5) Business Days following delivery of such notice. Section 3. Conditions to Effectiveness of this Amendment No. 1. 2. This Amendment No. 1 2 shall become effective (the date of such effectiveness being referred to herein as the "Effective Time") upon (i) the Administrative Agent having received from the Borrower, the Guarantors and the Consenting Lenders sufficient to constitute the Required Lenders, counterparts of this Amendment No. 1 2 signed on behalf of such Person, (ii) execution of this Amendment No. 1 2 by the Administrative Agent and, (iii) receipt by the Administrative Agent of $2.5 million in cash (the "Forbearance Payment"), which payment shall be applied to prepay $2,457,321.11 $2,447,730.75 in outstanding principal and $42,678.89 $52,269.25 in accrued and unpaid interest on such principal amount of the loans outstanding under the Credit Agreement in accordance with Section 5.3.1 of the Credit Agreement. As of the Effective Time, notwithstanding any provision to the contrary in the Credit Agreement, (a) the Consenting Lenders, who constitute Required Lenders under the Credit Agreement, hereby irrevocably waive and direct the Administrative Agent to waive, (1) payment of the Applicable Premium in respect of the Forbearance Payment and (2) the requirement that the Borrower provide three business days' notice prior to any prepayment of any LIBOR Loans in connection with the Forbearance Payment and (b) the Borrower hereby irrevocably agrees to waive its right to apply the Forbearance Payment to the principal repayment installments set forth in Section 5.2.1 of the Credit Agreement prior to the Maturity Date. 1 Section 4. Miscellaneous 4.1 Counterparts. This Amendment No. 1 2 may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of this Amendment No. 1 2 by facsimile or electronic transmission in portable document format (.pdf) shall be effective as delivery of a manually executed counterpart hereof. 4.2 GOVERNING LAW. THIS AMENDMENT NO. 1 2 SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK. View More
Defined Terms. Capitalized terms not otherwise defined in this Performance Shares Award Agreement, including the Statement of Performance Objectives (this "Agreement") have the meanings given them in the Plan. As used in this Agreement:(a) "Performance Objectives" means the threshold, target and maximum goals established by the Administrator for the Performance Period as described in the Statement of Performance Objectives. No adjustment of the Performance Objectives shall be permitted in respect of any Perfor...mance Shares granted to Participant if at the Grant Date he or she is, or is determined by the Administrator to be likely to become, a "covered employee" within the meaning of Section 162(m) of the Code (or any successor provisions) if such adjustment would result in the loss of an otherwise available deduction. (b) "Performance Period" shall mean the period commencing on __________, 20__ and ending on ____________, 20__. (c) "Statement of Performance Objectives" shall mean the statement of Performance Objectives as approved by the Administrator with respect to the Performance Shares on the Grant Date and attached hereto as Annex A.View More
Defined Terms. Capitalized terms used but not otherwise defined in this Performance Shares Award Agreement, including Agreement (this "Agreement") and the Statement of Performance Objectives (this "Agreement") have the meanings given them in the Plan. As used in this Agreement:(a) Agreement and the Statement of Performance Objectives:(a) "Performance Objectives" means the threshold, target and maximum performance goals established by the Administrator for the Performance Period as described in the Statement of... Performance Objectives. No adjustment of the Performance Objectives shall be permitted in respect of any Performance Shares granted to Participant if at the Grant Date he or she is, or is determined by the Administrator to be likely to become, a "covered employee" within the meaning of Section 162(m) of the Code (or any successor provisions) if such adjustment would result in the loss of an otherwise available deduction. (b) "Performance Period" shall mean the period commencing on __________, 20__ and ending on ____________, 20__. (c) "Statement of Performance Objectives" shall mean the statement of Performance Objectives as approved by the Administrator with respect to the Performance Shares on the Grant Date and attached hereto thereafter communicated to Participant. (d) "Vesting Date" shall mean _________, 20__.2. Grant of Award of Performance Shares. As of the Grant Date, Corporation has granted to Participant an Award covering the number of Performance Shares set forth above, payment of which depends on Corporation's performance as Annex A. set forth in the Statement of Performance Objectives, as determined and certified by the Administrator in its sole discretion. Subject to the attainment of the Performance Objectives, Participant may earn between 0% and 200% of the target award of Performance Shares.3. Acknowledgment. Participant acknowledges that the Award of Performance Shares is subject to the terms and conditions set forth in this Agreement, in the Statement of Performance Objectives and in the Plan.4. Normal Earning of Performance Shares. Except as otherwise provided herein, Performance Shares covered by this Agreement shall only be earned and result in payment, at the time described in Section 6, after completion of the Performance Period and only if they are earned as provided in this Section 4. Except as otherwise provided herein, no Performance Shares will result in payment unless Participant remains continuously employed by Corporation or a Subsidiary through the Vesting Date. For purposes of this Agreement, "continuously employed" means the absence of any interruption or termination of Participant's employment with Corporation or with a Subsidiary. Continuous employment shall not be considered interrupted or terminated in the case of sick leave, military leave or any other leave of absence approved by Corporation or in the case of transfers between locations of Corporation and its Subsidiaries. View More
