Defined Terms Contract Clauses (16,906)

Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership Agreement. The following defined terms used in this Amendment to the Partnership Agreement shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General Partner filed with the State Department of Assessments and Taxation of the State of Maryland on October 11, 2016, Maryland, designating the terms, rights and preferences of... the Series D B Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" "Calculation Agent" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Stock Price" shall have the meaning provided in the Articles Supplementary. "Common Stock Conversion Consideration" shall have the meaning provided in the Articles Supplementary. "Common Units" shall have the meaning provided in the Partnership Agreement. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Distribution Period" hall have the meaning provided in Section 5(a). "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Junior Units" shall have the meaning provided in Section 4. "Liquidating Gains" shall have the meaning provided in Section 10(g). "London Business Day" shall have the meaning provided in the Articles Supplementary. "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). "Original Issue Date" shall have the meaning provided in the Articles Supplementary. "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" "Reuters Page LIBOR 01" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). Articles Supplementary. "Series D B Preferred Distribution Determination Date" means the London Business Day immediately preceding the first date of the applicable Series B Preferred Distribution Period. "Series B Preferred Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D B Preferred Distribution Period" means the period from, and including, a Series B Preferred Distribution Payment Date to, but excluding, the next succeeding Series B Preferred Distribution Payment Date, except for the initial Series B Preferred Distribution Period, which will be the period from, and including, the Original Issue Date of the Series B Preferred Units to, but excluding, April 15, 2019. "Series B Preferred Distribution Record Date" shall have the meaning provided in Section 5(a). "Series B Preferred Return" shall have the meaning provided in Section 5(a). "Series D B Preferred Stock" shall have the meaning provided in the recital above. "Series D B Preferred Units" shall have the meaning provided in Section 1. "Share Cap" "Set apart for payment" shall have be deemed to include (without limitation), without any action other than the meaning provided following: the recording by the Partnership in its accounting ledgers of any accounting or bookkeeping entry which indicates, pursuant to an authorization by the Articles Supplementary. General Partner and a declaration of distribution by the Partnership, the allocation of funds to be so paid on any series or class of units of the Partnership; provided, however, that if any funds for any Junior Units or Parity Preferred Units are placed in a separate account of the Partnership or delivered to a disbursing, paying or other similar agent, then "set apart for payment" with respect to the Series B Preferred Units shall mean placing such funds in a separate account or delivering such funds to a disbursing, paying or other similar agent. 2 "Special Redemption Price" "Three-Month LIBOR Rate" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i). 5(b). View More

Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Agreement of Limited Partnership Agreement. of Medalist Diversified Holdings, L.P. (as now or hereafter amended, restated, modified, supplemented or replaced, the "Partnership Agreement"). The following defined terms used in this Amendment to the Partnership Agreement herein shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General... Partner filed with the State Department of Assessments and Taxation of the State of Maryland on October 11, 2016, February 13, 2020, designating the terms, rights and preferences of the Series D A Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" 6(a). "Common Stock" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Distribution Period" hall have the meaning provided in Section 5(a). Charter. "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Junior Preferred Units" shall have the meaning provided in Section 4. "Liquidating Gains" Distributions" shall have the meaning provided in Section 10(g). "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). 6(a). "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests Units designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" "Senior Preferred Units" shall have the meaning provided in Section 10(h). "Redemption Date" 4. 1 "Series A Preferred Return" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" 5(a). "Series A Preferred Stock" shall have the meaning provided in Section 7(b)(i). the Charter. "Series D A Preferred Unit Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D Preferred Stock" shall have the meaning provided in the recital above. "Series D A Preferred Units" shall have the meaning provided in Section 1. "Share Cap" shall have the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i). View More

Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership Agreement. The following defined terms used in this Amendment to the Partnership Agreement shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General Partner filed with the State Department of Assessments and Taxation of the State of Maryland on October 11, July 15, 2016, designating the terms, rights and preferences of the... Series D C Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Default Period" shall have the meaning provided in Section 5(e). "Default Rate" shall have the meaning provided in Section 5(e). "Distribution Period" hall have the meaning provided in Section 5(a). "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Initial Series C Preferred Return" shall have the meaning provided in Section 5(a). "Junior Units" shall have the meaning provided in Section 4. "Liquidating Gains" shall have the meaning provided in Section 10(g). "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" "Series C Preferred Return" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). 5(a). "Series D C Preferred Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D C Preferred Stock" shall have the meaning provided in the recital above. "Series D C Preferred Units" shall have the meaning provided in Section 1. "Share Cap" shall have the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i). View More

Defined Terms. The following capitalized terms, as used in this Agreement, shall have the meanings set forth below. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Merger Agreement. "Covered Units" means TE's means, with respect to the Unitholder, the Unitholder's Existing Units, together with any Partnership SXCP Common Units that TE of which the Unitholder becomes either the Record Holder or beneficial owner of on or after the date hereof. "Proxy... Designee" means a Person designated by the Partnership Conflicts Committee by written notice to each of the Parties, which notice may simultaneously revoke the designation of any Person as a Proxy Designee. "Record Holder" has the meaning ascribed thereto in the TEP SXCP Partnership Agreement. "Transfer" means, directly or indirectly, to sell, transfer, assign, pledge, hypothecate, encumber or similarly dispose of (by merger (including by conversion into securities or other consideration), by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise), either voluntarily or involuntarily, or to enter into any contract, option or other arrangement or understanding with respect to the voting of or sale, transfer, assignment, pledge, encumbrance or similar disposition of (by merger, by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise); provided, however, that for the purposes of clarification, a "Transfer" shall not include any existing or future pledges or security interests issued by TE (or the foreclosure thereof) in connection with a bona fide loan, indenture or other contract for indebtedness. otherwise). View More

Defined Terms. The following capitalized terms, as used in this Agreement, shall have the meanings set forth below. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Merger Agreement. "Covered Units" means TE's means, with respect to the Unitholder, the Unitholder's Existing Units, together with any Partnership SXCP Common Units that TE of which the Unitholder becomes either the Record Holder or beneficial owner of on or after the date hereof. "Proxy... Designee" means a Person designated by the Partnership Conflicts Committee by written notice to each of the Parties, which notice may simultaneously revoke the designation of any Person as a Proxy Designee. "Record Holder" has the meaning ascribed thereto in the TEP SXCP Partnership Agreement. "Transfer" means, directly or indirectly, to sell, transfer, assign, pledge, hypothecate, encumber or similarly dispose of (by merger (including by conversion into securities or other consideration), by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise), either voluntarily or involuntarily, or to enter into any contract, option or other arrangement or understanding with respect to the voting of or sale, transfer, assignment, pledge, encumbrance or similar disposition of (by merger, by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise); provided, however, that for the purposes of clarification, a "Transfer" shall not include any existing or future pledges or security interests issued by TE (or the foreclosure thereof) in connection with a bona fide loan, indenture or other contract for indebtedness. otherwise). View More

Defined Terms. The following capitalized terms, as used in this Agreement, shall have the meanings set forth below. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Merger Agreement. "Audit Committee" has the meaning ascribed thereto in the Partnership Agreement. "Covered Unitholder" means the General Partner and each such other Person as may later become party to this Agreement as a result of becoming a Record Holder or beneficial owner of Covered Units... pursuant to Section 6(a), by joinder or otherwise. "Covered Units" means TE's the Existing Units, Units of which the General Partner is the Record Holder or beneficial owner as of the date hereof, together with any Partnership Common Units that TE of which the General Partner becomes the Record Holder or beneficial owner of on or after the date hereof. hereof (or any Common Units with respect to which any Person as may later become party to this Agreement pursuant to Section 6(a), by joinder or otherwise, if applicable, becomes the Record Holder or beneficial owner on or after the date hereof). "Proxy Designee" means a Person designated by the Partnership Conflicts Audit Committee by written notice to each of the Parties, parties hereto, which notice may simultaneously revoke the designation of any other Person as a Proxy Designee. "Record Holder" has the meaning ascribed thereto in the TEP Partnership Agreement. "Transfer" means, directly or indirectly, to sell, transfer, assign, pledge, hypothecate, encumber or similarly dispose of (by merger (including by conversion into securities or other consideration), by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise), either voluntarily or involuntarily, or to enter into any contract, option or other arrangement or understanding with respect to the voting of or sale, transfer, assignment, pledge, encumbrance or similar disposition of (by merger, by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise); provided, however, that for the purposes of clarification, a "Transfer" shall not include any existing or future pledges or security interests issued by TE (or the foreclosure thereof) in connection with a bona fide loan, indenture or other contract for indebtedness. otherwise). View More

Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership Agreement. The following defined terms used in this Amendment to the Partnership Agreement shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General Partner filed with the State Department of Assessments and Taxation of the State of Maryland on October 11, 2016, Maryland, designating the terms, rights and preferences of... the Series D B Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" "Calculation Agent" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Stock Price" shall have the meaning provided in the Articles Supplementary. "Common Stock Conversion Consideration" shall have the meaning provided in the Articles Supplementary. "Common Units" shall have the meaning provided in the Partnership Agreement. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Distribution Period" hall have the meaning provided in Section 5(a). "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Junior Units" shall have the meaning provided in Section 4. "Liquidating Gains" shall have the meaning provided in Section 10(g). "London Business Day" shall have the meaning provided in the Articles Supplementary. "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). "Original Issue Date" shall have the meaning provided in the Articles Supplementary. "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" "Reuters Page LIBOR 01" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). Articles Supplementary. "Series D B Preferred Distribution Determination Date" means the London Business Day immediately preceding the first date of the applicable Series B Preferred Distribution Period. "Series B Preferred Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D B Preferred Distribution Period" means the period from, and including, a Series B Preferred Distribution Payment Date to, but excluding, the next succeeding Series B Preferred Distribution Payment Date, except for the initial Series B Preferred Distribution Period, which will be the period from, and including, the Original Issue Date of the Series B Preferred Units to, but excluding, April 15, 2019. "Series B Preferred Distribution Record Date" shall have the meaning provided in Section 5(a). "Series B Preferred Return" shall have the meaning provided in Section 5(a). "Series D B Preferred Stock" shall have the meaning provided in the recital above. "Series D B Preferred Units" shall have the meaning provided in Section 1. "Share Cap" "Set apart for payment" shall have be deemed to include (without limitation), without any action other than the meaning provided following: the recording by the Partnership in its accounting ledgers of any accounting or bookkeeping entry which indicates, pursuant to an authorization by the Articles Supplementary. General Partner and a declaration of distribution by the Partnership, the allocation of funds to be so paid on any series or class of units of the Partnership; provided, however, that if any funds for any Junior Units or Parity Preferred Units are placed in a separate account of the Partnership or delivered to a disbursing, paying or other similar agent, then "set apart for payment" with respect to the Series B Preferred Units shall mean placing such funds in a separate account or delivering such funds to a disbursing, paying or other similar agent. 2 "Special Redemption Price" "Three-Month LIBOR Rate" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i). 5(b). View More

Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Agreement of Limited Partnership Agreement. of Medalist Diversified Holdings, L.P. (as now or hereafter amended, restated, modified, supplemented or replaced, the "Partnership Agreement"). The following defined terms used in this Amendment to the Partnership Agreement herein shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General... Partner filed with the State Department of Assessments and Taxation of the State of Maryland on October 11, 2016, February 13, 2020, designating the terms, rights and preferences of the Series D A Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" 6(a). "Common Stock" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Distribution Period" hall have the meaning provided in Section 5(a). Charter. "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Junior Preferred Units" shall have the meaning provided in Section 4. "Liquidating Gains" Distributions" shall have the meaning provided in Section 10(g). "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). 6(a). "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests Units designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" "Senior Preferred Units" shall have the meaning provided in Section 10(h). "Redemption Date" 4. 1 "Series A Preferred Return" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" 5(a). "Series A Preferred Stock" shall have the meaning provided in Section 7(b)(i). the Charter. "Series D A Preferred Unit Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D Preferred Stock" shall have the meaning provided in the recital above. "Series D A Preferred Units" shall have the meaning provided in Section 1. "Share Cap" shall have the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i). View More

Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership Agreement. The following defined terms used in this Amendment to the Partnership Agreement shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General Partner filed with the State Department of Assessments and Taxation of the State of Maryland on October 11, July 15, 2016, designating the terms, rights and preferences of the... Series D C Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Default Period" shall have the meaning provided in Section 5(e). "Default Rate" shall have the meaning provided in Section 5(e). "Distribution Period" hall have the meaning provided in Section 5(a). "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Initial Series C Preferred Return" shall have the meaning provided in Section 5(a). "Junior Units" shall have the meaning provided in Section 4. "Liquidating Gains" shall have the meaning provided in Section 10(g). "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" "Series C Preferred Return" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). 5(a). "Series D C Preferred Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D C Preferred Stock" shall have the meaning provided in the recital above. "Series D C Preferred Units" shall have the meaning provided in Section 1. "Share Cap" shall have the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i). View More

Defined Terms. The following capitalized terms, as used in this Agreement, shall have the meanings set forth below. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Merger Agreement. "Covered Units" means TE's means, with respect to the Unitholder, the Unitholder's Existing Units, together with any Partnership SXCP Common Units that TE of which the Unitholder becomes either the Record Holder or beneficial owner of on or after the date hereof. "Proxy... Designee" means a Person designated by the Partnership Conflicts Committee by written notice to each of the Parties, which notice may simultaneously revoke the designation of any Person as a Proxy Designee. "Record Holder" has the meaning ascribed thereto in the TEP SXCP Partnership Agreement. "Transfer" means, directly or indirectly, to sell, transfer, assign, pledge, hypothecate, encumber or similarly dispose of (by merger (including by conversion into securities or other consideration), by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise), either voluntarily or involuntarily, or to enter into any contract, option or other arrangement or understanding with respect to the voting of or sale, transfer, assignment, pledge, encumbrance or similar disposition of (by merger, by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise); provided, however, that for the purposes of clarification, a "Transfer" shall not include any existing or future pledges or security interests issued by TE (or the foreclosure thereof) in connection with a bona fide loan, indenture or other contract for indebtedness. otherwise). View More

Defined Terms. The following capitalized terms, as used in this Agreement, shall have the meanings set forth below. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Merger Agreement. "Covered Units" means TE's means, with respect to the Unitholder, the Unitholder's Existing Units, together with any Partnership SXCP Common Units that TE of which the Unitholder becomes either the Record Holder or beneficial owner of on or after the date hereof. "Proxy... Designee" means a Person designated by the Partnership Conflicts Committee by written notice to each of the Parties, which notice may simultaneously revoke the designation of any Person as a Proxy Designee. "Record Holder" has the meaning ascribed thereto in the TEP SXCP Partnership Agreement. "Transfer" means, directly or indirectly, to sell, transfer, assign, pledge, hypothecate, encumber or similarly dispose of (by merger (including by conversion into securities or other consideration), by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise), either voluntarily or involuntarily, or to enter into any contract, option or other arrangement or understanding with respect to the voting of or sale, transfer, assignment, pledge, encumbrance or similar disposition of (by merger, by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise); provided, however, that for the purposes of clarification, a "Transfer" shall not include any existing or future pledges or security interests issued by TE (or the foreclosure thereof) in connection with a bona fide loan, indenture or other contract for indebtedness. otherwise). View More

Defined Terms. The following capitalized terms, as used in this Agreement, shall have the meanings set forth below. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Merger Agreement. "Audit Committee" has the meaning ascribed thereto in the Partnership Agreement. "Covered Unitholder" means the General Partner and each such other Person as may later become party to this Agreement as a result of becoming a Record Holder or beneficial owner of Covered Units... pursuant to Section 6(a), by joinder or otherwise. "Covered Units" means TE's the Existing Units, Units of which the General Partner is the Record Holder or beneficial owner as of the date hereof, together with any Partnership Common Units that TE of which the General Partner becomes the Record Holder or beneficial owner of on or after the date hereof. hereof (or any Common Units with respect to which any Person as may later become party to this Agreement pursuant to Section 6(a), by joinder or otherwise, if applicable, becomes the Record Holder or beneficial owner on or after the date hereof). "Proxy Designee" means a Person designated by the Partnership Conflicts Audit Committee by written notice to each of the Parties, parties hereto, which notice may simultaneously revoke the designation of any other Person as a Proxy Designee. "Record Holder" has the meaning ascribed thereto in the TEP Partnership Agreement. "Transfer" means, directly or indirectly, to sell, transfer, assign, pledge, hypothecate, encumber or similarly dispose of (by merger (including by conversion into securities or other consideration), by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise), either voluntarily or involuntarily, or to enter into any contract, option or other arrangement or understanding with respect to the voting of or sale, transfer, assignment, pledge, encumbrance or similar disposition of (by merger, by tendering into any tender or exchange offer, by testamentary disposition, by operation of law or otherwise); provided, however, that for the purposes of clarification, a "Transfer" shall not include any existing or future pledges or security interests issued by TE (or the foreclosure thereof) in connection with a bona fide loan, indenture or other contract for indebtedness. otherwise). View More

Defined Terms. As used in this Agreement, the term (a) "Affiliate" shall have the meaning set forth in Rule 12b-2 promulgated under the Exchange Act and shall include Persons who become Affiliates of any Person subsequent to the date of this Agreement; provided, that "Affiliates" of a Person shall not include any entity, solely by reason of the fact that one or more of such Person's employees or principals serves as a member of its board of directors or similar governing body, unless such Person otherwise... controls such entity (as the term "control" is defined in Rule 12b-2 promulgated by the SEC under the Exchange Act); (b) "beneficially own", "beneficially owned" and "beneficial ownership" shall have the meaning set forth in Rules 13d-3 and 13d-5(b)(l) promulgated under the Exchange Act; (c) "business day" shall mean any day other than a Saturday, Sunday or a day on which the Federal Reserve Bank of New York is closed; (d) "Expiration Date" means the date that is the earlier of (i) if the Effective Date occurs, thirty (30) days after the date on which the Investor Designee ceases to serve on the Board and (ii) thirty (30) days prior to the first day of the time period, established pursuant to the Company's Bylaws, for shareholders to deliver notice to the Company of director nominations to be brought before the Company's 2023 Annual Meeting of Shareholders; provided that the Company shall notify Investor in writing of the occurrence of such date on or prior to such date; (e) "Independent" means that a Person (x) (i) shall not be an employee, director, general 9 partner, manager or other agent of an Investor or of any Affiliate of an Investor, (ii) shall not be a limited partner, member or other investor in any Investor or any Affiliate of an Investor and (iii) shall not have, and shall not have had, any agreement, arrangement or understanding, written or oral, with any Investor or any Affiliate of an Investor regarding such Person's service on the Board other than a nomination agreement entered into prior to the date hereof that has been provided to the Company prior to the date hereof, and (y) shall be an independent Independent director of the Company under the Company's independence guidelines, applicable law and the rules and regulations of the SEC and the New York Nasdaq Stock Exchange; Market; (e) "Partial Standstill Fallaway Date" means the date that is thirty (30) days prior to the first date on which stockholders may nominate individuals for election to the Board at the 2022 annual meeting of the Company's stockholders; (f) "Person" shall be interpreted broadly to include, among others, any individual, general or limited partnership, corporation, limited liability or unlimited liability company, joint venture, estate, trust, group, association or other entity of any kind or structure; (g) "SEC" means the U.S. Securities and Exchange Commission; (h) "Third Party" means any Person that is not a party to this Agreement or an Affiliate thereof, a member of the Board, a director or officer of the Company, or legal counsel to any party to this Agreement; and (i) (h) "Voting Securities" shall mean the shares of common stock of the Company and any other securities of the Company entitled to vote in the election of directors, or securities convertible into, or exercisable or exchangeable for, such shares or other securities, whether or not subject to the passage of time or other contingencies. View More

Defined Terms. As Capitalized terms used in this Agreement, Agreement and not otherwise defined have the term following meanings: (a) "2021 Annual Meeting" shall mean the Company's 2021 Annual Meeting of Stockholders, including any postponement or adjournment thereof; (b) "Affiliate" shall have the meaning set forth in Rule 12b-2 promulgated under the Exchange Act and shall include Persons who become Affiliates of any Person subsequent to the date of this Agreement; provided, that "Affiliates" of a Person... shall not include any entity, solely by reason of the fact that one or more of such Person's employees or principals serves as a member of its board of directors or similar governing body, unless such Person otherwise controls such entity (as the term "control" is defined in Rule 12b-2 promulgated by the SEC under the Exchange Act); (b) (c) "beneficially own", "beneficially owned" and "beneficial ownership" shall have the meaning set forth in Rules 13d-3 and 13d-5(b)(l) promulgated under the Exchange Act; (c) (d) "business day" shall mean any day other than a Saturday, Sunday or a day on which the Federal Reserve Bank of New York is closed; (d) (e) "Company Policies" shall mean the confidentiality, conflicts of interest, related party transactions, codes of conduct, trading and disclosure, director resignation and other guidelines and policies of the Company; (f) "Expiration Date" means the date that is the earlier later of (i) if the Effective Date occurs, thirty (30) days after the date on which the Investor Designee ceases to serve on the Board and (ii) thirty (30) fifteen (15) days prior to the first last day of the time period, established pursuant to the Company's Bylaws, for shareholders stockholders to deliver notice to the Company of director nominations to be brought before the Company's 2023 2022 Annual Meeting of Shareholders; provided that Stockholders, including any postponement or adjournment thereof, and (ii) ten (10) days after such time as Hill Path Designee is no longer a member of the Board; (g) "Extraordinary Transaction" means any tender offer, takeover, merger, acquisition, business combination, recapitalization, restructuring, issuance of common stock or any other strategic or change of control transaction involving the Company shall notify Investor in writing or the assets or business of the occurrence of such date on Company, its subsidiaries and joint ventures, taken as a whole, in each case where the aggregate consideration is more than $130 million in whatever form, cash or prior to such date; (e) stock; (h) "Independent" means that a Person shall be an independent director of the Company under the Company's independence guidelines, applicable law and the rules and regulations of the SEC and the New York Nasdaq Stock Exchange; (f) Market; (i) "Person" shall be interpreted broadly to include, among others, any individual, general or limited partnership, corporation, limited liability or unlimited liability company, joint venture, estate, trust, group, association or other entity of any kind or structure; (g) "SEC" means the U.S. Securities and Exchange Commission; (h) (j) "Third Party" means any Person that is not a party to this Agreement or an Affiliate thereof, a member of the Board, a director or officer of the Company, or legal counsel to any party to this Agreement; and (i) (k) "Voting Securities" shall mean the shares of common stock of the Company and any other securities of the Company entitled to vote in the election of directors, or securities convertible into, or exercisable or exchangeable for, such shares or other securities, whether or not subject to the passage of time or other contingencies. View More

Defined Terms. As used in this Agreement, the term (a) "Affiliate" shall have the meaning set forth in Rule 12b-2 promulgated under the Exchange Act and shall include Persons who become Affiliates of any Person subsequent to the date of this Agreement; provided, that "Affiliates" of a Person shall not include any entity, solely by reason of the fact that one or more of such Person's employees or principals serves as a member of its board of directors or similar governing body, unless such Person otherwise... controls such entity (as the term "control" is defined in Rule 12b-2 promulgated by the SEC under the Exchange Act); (b) "beneficially own", "beneficially owned" and "beneficial ownership" shall have the meaning set forth in Rules 13d-3 and 13d-5(b)(l) promulgated under the Exchange Act; (c) "business day" shall mean any day other than a Saturday, Sunday or a day on which the Federal Reserve Bank of New York is closed; (d) "Exchange Act" means the Securities Exchange Act of 1934, as amended; (e) "Expiration Date" means the date that is the earlier of (i) if the Effective Date occurs, thirty (30) days after the date on which the Investor Designee ceases to serve on the Board and (ii) thirty (30) days prior to the first last day of the time period, established pursuant to the Company's Bylaws, for shareholders stockholders to deliver notice to the Company of director nominations to be brought before the 2022 annual meeting of the Company's 2023 Annual Meeting of Shareholders; provided that stockholders and (ii) January 28, 2022; (f) "including" means "including without limitation," unless otherwise specified; (g) "party" mean the Company shall notify or an Investor in writing of the occurrence of such date on or prior to such date; (e) "Independent" and "parties" means that a Person shall be an independent director of the Company under the Company's independence guidelines, applicable law and the rules and regulations of the SEC and the New York Stock Exchange; (f) Investors, collectively; (h) "Person" shall be interpreted broadly to include, among others, any individual, general or limited partnership, corporation, limited liability or unlimited liability company, joint venture, estate, trust, group, association or other entity of any kind or structure; (g) (i) "SEC" means the U.S. Securities and Exchange Commission; (h) (j) "Third Party" means any Person that is not a party to this Agreement or an Affiliate thereof, a member of the Board, a director or officer of the Company, Company or legal counsel to any party to this Agreement; and (i) (k) "Voting Securities" shall mean the shares of common stock of the Company and any other securities of the Company entitled to vote in the election of directors, or securities convertible into, or exercisable or exchangeable for, such shares or other securities, whether or not subject to the passage of time or other contingencies. 6 10. Investors' Representations and Warranties. Each of the Investors represents and warrants that (a) this Agreement has been duly authorized, executed and delivered by it and is a valid and binding obligation of such Investor, enforceable against it in accordance with its terms; (b) does not and will not violate any law, any order of any court or other agency of government, its organizational documents or any provision of any agreement or other instrument to which it or any of its properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such agreement or other instrument, or result in the creation or imposition of, or give rise to, any material lien, charge, restriction, claim, encumbrance or adverse penalty of any nature whatsoever pursuant to any such indenture, agreement or other instrument; (c) neither it nor any of its Affiliates has, or will during the Restricted Period have, any agreement, arrangement or understanding, written or oral, with the New Director or other member of the Board pursuant to which such individual has been or will be compensated for his or her service on the Board; and (d) as of the date of this Agreement, (i) the Investors, together with their respective Affiliates, collectively beneficially own 2.5% of the Company's outstanding common stock and have economic exposure to approximately 2.5% of the Company's outstanding common stock and (ii) except as previously disclosed in writing to the Company prior to the execution of this Agreement, neither the Investors nor any of their respective Affiliates is a party to any swap or hedging transactions or other derivative agreements of any nature with respect to the Voting Securities. View More

Defined Terms. As used in this Agreement, the term (a) "Affiliate" shall have the meaning set forth in Rule 12b-2 promulgated under the Exchange Act and shall include Persons who become Affiliates of any Person subsequent to the date of this Agreement; provided, that "Affiliates" of a Person shall not include any entity, solely by reason of the fact that one or more of such Person's employees or principals serves as a member of its board of directors or similar governing body, unless such Person otherwise... controls such entity (as the term "control" is defined in Rule 12b-2 promulgated by the SEC under the Exchange Act); (b) "beneficially own", "beneficially owned" and "beneficial ownership" shall have the meaning set forth in Rules 13d-3 and 13d-5(b)(l) promulgated under the Exchange Act; (c) "business day" shall mean any day other than a Saturday, Sunday or a day on which the Federal Reserve Bank of New York is closed; (d) "Expiration Date" means the date that is the earlier of (i) if the Effective Date occurs, thirty (30) days after the date on which the Investor Designee ceases to serve on the Board and (ii) thirty (30) days prior to the first day of the time period, established pursuant to the Company's Bylaws, for shareholders to deliver notice to the Company of director nominations to be brought before the Company's 2023 Annual Meeting of Shareholders; provided that the Company shall notify Investor in writing of the occurrence of such date on or prior to such date; (e) "Independent" means that a Person (x) (i) shall not be an employee, director, general 9 partner, manager or other agent of an Investor or of any Affiliate of an Investor, (ii) shall not be a limited partner, member or other investor in any Investor or any Affiliate of an Investor and (iii) shall not have, and shall not have had, any agreement, arrangement or understanding, written or oral, with any Investor or any Affiliate of an Investor regarding such Person's service on the Board other than a nomination agreement entered into prior to the date hereof that has been provided to the Company prior to the date hereof, and (y) shall be an independent Independent director of the Company under the Company's independence guidelines, applicable law and the rules and regulations of the SEC and the New York Nasdaq Stock Exchange; Market; (e) "Partial Standstill Fallaway Date" means the date that is thirty (30) days prior to the first date on which stockholders may nominate individuals for election to the Board at the 2022 annual meeting of the Company's stockholders; (f) "Person" shall be interpreted broadly to include, among others, any individual, general or limited partnership, corporation, limited liability or unlimited liability company, joint venture, estate, trust, group, association or other entity of any kind or structure; (g) "SEC" means the U.S. Securities and Exchange Commission; (h) "Third Party" means any Person that is not a party to this Agreement or an Affiliate thereof, a member of the Board, a director or officer of the Company, or legal counsel to any party to this Agreement; and (i) (h) "Voting Securities" shall mean the shares of common stock of the Company and any other securities of the Company entitled to vote in the election of directors, or securities convertible into, or exercisable or exchangeable for, such shares or other securities, whether or not subject to the passage of time or other contingencies. View More

Defined Terms. As Capitalized terms used in this Agreement, Agreement and not otherwise defined have the term following meanings: (a) "2021 Annual Meeting" shall mean the Company's 2021 Annual Meeting of Stockholders, including any postponement or adjournment thereof; (b) "Affiliate" shall have the meaning set forth in Rule 12b-2 promulgated under the Exchange Act and shall include Persons who become Affiliates of any Person subsequent to the date of this Agreement; provided, that "Affiliates" of a Person... shall not include any entity, solely by reason of the fact that one or more of such Person's employees or principals serves as a member of its board of directors or similar governing body, unless such Person otherwise controls such entity (as the term "control" is defined in Rule 12b-2 promulgated by the SEC under the Exchange Act); (b) (c) "beneficially own", "beneficially owned" and "beneficial ownership" shall have the meaning set forth in Rules 13d-3 and 13d-5(b)(l) promulgated under the Exchange Act; (c) (d) "business day" shall mean any day other than a Saturday, Sunday or a day on which the Federal Reserve Bank of New York is closed; (d) (e) "Company Policies" shall mean the confidentiality, conflicts of interest, related party transactions, codes of conduct, trading and disclosure, director resignation and other guidelines and policies of the Company; (f) "Expiration Date" means the date that is the earlier later of (i) if the Effective Date occurs, thirty (30) days after the date on which the Investor Designee ceases to serve on the Board and (ii) thirty (30) fifteen (15) days prior to the first last day of the time period, established pursuant to the Company's Bylaws, for shareholders stockholders to deliver notice to the Company of director nominations to be brought before the Company's 2023 2022 Annual Meeting of Shareholders; provided that Stockholders, including any postponement or adjournment thereof, and (ii) ten (10) days after such time as Hill Path Designee is no longer a member of the Board; (g) "Extraordinary Transaction" means any tender offer, takeover, merger, acquisition, business combination, recapitalization, restructuring, issuance of common stock or any other strategic or change of control transaction involving the Company shall notify Investor in writing or the assets or business of the occurrence of such date on Company, its subsidiaries and joint ventures, taken as a whole, in each case where the aggregate consideration is more than $130 million in whatever form, cash or prior to such date; (e) stock; (h) "Independent" means that a Person shall be an independent director of the Company under the Company's independence guidelines, applicable law and the rules and regulations of the SEC and the New York Nasdaq Stock Exchange; (f) Market; (i) "Person" shall be interpreted broadly to include, among others, any individual, general or limited partnership, corporation, limited liability or unlimited liability company, joint venture, estate, trust, group, association or other entity of any kind or structure; (g) "SEC" means the U.S. Securities and Exchange Commission; (h) (j) "Third Party" means any Person that is not a party to this Agreement or an Affiliate thereof, a member of the Board, a director or officer of the Company, or legal counsel to any party to this Agreement; and (i) (k) "Voting Securities" shall mean the shares of common stock of the Company and any other securities of the Company entitled to vote in the election of directors, or securities convertible into, or exercisable or exchangeable for, such shares or other securities, whether or not subject to the passage of time or other contingencies. View More

Defined Terms. As used in this Agreement, the term (a) "Affiliate" shall have the meaning set forth in Rule 12b-2 promulgated under the Exchange Act and shall include Persons who become Affiliates of any Person subsequent to the date of this Agreement; provided, that "Affiliates" of a Person shall not include any entity, solely by reason of the fact that one or more of such Person's employees or principals serves as a member of its board of directors or similar governing body, unless such Person otherwise... controls such entity (as the term "control" is defined in Rule 12b-2 promulgated by the SEC under the Exchange Act); (b) "beneficially own", "beneficially owned" and "beneficial ownership" shall have the meaning set forth in Rules 13d-3 and 13d-5(b)(l) promulgated under the Exchange Act; (c) "business day" shall mean any day other than a Saturday, Sunday or a day on which the Federal Reserve Bank of New York is closed; (d) "Exchange Act" means the Securities Exchange Act of 1934, as amended; (e) "Expiration Date" means the date that is the earlier of (i) if the Effective Date occurs, thirty (30) days after the date on which the Investor Designee ceases to serve on the Board and (ii) thirty (30) days prior to the first last day of the time period, established pursuant to the Company's Bylaws, for shareholders stockholders to deliver notice to the Company of director nominations to be brought before the 2022 annual meeting of the Company's 2023 Annual Meeting of Shareholders; provided that stockholders and (ii) January 28, 2022; (f) "including" means "including without limitation," unless otherwise specified; (g) "party" mean the Company shall notify or an Investor in writing of the occurrence of such date on or prior to such date; (e) "Independent" and "parties" means that a Person shall be an independent director of the Company under the Company's independence guidelines, applicable law and the rules and regulations of the SEC and the New York Stock Exchange; (f) Investors, collectively; (h) "Person" shall be interpreted broadly to include, among others, any individual, general or limited partnership, corporation, limited liability or unlimited liability company, joint venture, estate, trust, group, association or other entity of any kind or structure; (g) (i) "SEC" means the U.S. Securities and Exchange Commission; (h) (j) "Third Party" means any Person that is not a party to this Agreement or an Affiliate thereof, a member of the Board, a director or officer of the Company, Company or legal counsel to any party to this Agreement; and (i) (k) "Voting Securities" shall mean the shares of common stock of the Company and any other securities of the Company entitled to vote in the election of directors, or securities convertible into, or exercisable or exchangeable for, such shares or other securities, whether or not subject to the passage of time or other contingencies. 6 10. Investors' Representations and Warranties. Each of the Investors represents and warrants that (a) this Agreement has been duly authorized, executed and delivered by it and is a valid and binding obligation of such Investor, enforceable against it in accordance with its terms; (b) does not and will not violate any law, any order of any court or other agency of government, its organizational documents or any provision of any agreement or other instrument to which it or any of its properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such agreement or other instrument, or result in the creation or imposition of, or give rise to, any material lien, charge, restriction, claim, encumbrance or adverse penalty of any nature whatsoever pursuant to any such indenture, agreement or other instrument; (c) neither it nor any of its Affiliates has, or will during the Restricted Period have, any agreement, arrangement or understanding, written or oral, with the New Director or other member of the Board pursuant to which such individual has been or will be compensated for his or her service on the Board; and (d) as of the date of this Agreement, (i) the Investors, together with their respective Affiliates, collectively beneficially own 2.5% of the Company's outstanding common stock and have economic exposure to approximately 2.5% of the Company's outstanding common stock and (ii) except as previously disclosed in writing to the Company prior to the execution of this Agreement, neither the Investors nor any of their respective Affiliates is a party to any swap or hedging transactions or other derivative agreements of any nature with respect to the Voting Securities. View More

Defined Terms. Capitalized terms used in this Amendment and that are not otherwise defined herein shall have the meanings set forth in the Agreement.

Defined Terms. Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings set forth in the Purchase Agreement.

Defined Terms. Capitalized terms used in this Amendment herein and not otherwise defined herein shall have the meanings set forth in the Agreement.

Defined Terms. Capitalized terms used in this Amendment and that are not otherwise defined herein shall have the meanings set forth in the Agreement.

Defined Terms. Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings set forth in the Purchase Agreement.

Defined Terms. Capitalized terms used in this Amendment herein and not otherwise defined herein shall have the meanings set forth in the Agreement.

Defined Terms. Capitalized terms used but not defined herein in this Amendment shall have the same meanings given to such terms thereto in the Agreement. Option Agreement and Related Agreements.

Defined Terms. Capitalized terms used but not defined herein in this Agreement shall have the same meanings given to such terms thereto in the Credit Agreement.

Defined Terms. Capitalized terms used but not defined herein shall have the same meanings given to such terms in the Agreement. MSA.

Defined Terms. Capitalized terms used herein but not otherwise defined herein (including on any Appendix attached hereto) shall have the meanings provided to such terms in the Credit Agreement, as amended by this Agreement.2. Agreement. Notwithstanding any provision of the Credit Agreement or any other document related thereto (the "Loan Documents") Loan Document to the contrary, the parties hereto hereby agree that the terms set forth on Appendix A shall apply solely with respect to the Impacted Currencies. Currency. For the avoidance of doubt, to the extent provisions in the Credit Agreement apply to the Impacted Currencies Currency and such provisions are not specifically addressed by Appendix A, the provisions in the Credit Agreement shall continue to apply to the Impacted Currencies. Currency. View More

Defined Terms. Capitalized terms used herein but not otherwise defined herein (including on any Appendix attached hereto) shall have the meanings provided to such terms in the Credit Agreement, as amended by this Agreement.2. Amendment.2. Agreement. Notwithstanding any provision of the Credit Agreement or any other document related thereto (the "Loan Documents") to the contrary, the parties hereto hereby agree that the terms set forth on Appendix A shall apply to the Impacted Currencies. Currency(ies). For... the avoidance of doubt, to the extent provisions in the Credit Agreement apply to the Impacted Currencies Currency(ies) and such provisions are not specifically addressed by Appendix A, the provisions in the Credit Agreement shall continue to apply to the Impacted Currencies. Currency(ies). View More

Defined Terms. Capitalized terms used herein but not otherwise defined herein (including on any Appendix attached hereto) shall have the meanings provided to such terms in the Credit Agreement, as amended by this Agreement.2. Agreement. Notwithstanding any provision of the Credit Agreement or any other document related thereto (the "Loan Documents") to the contrary, the parties hereto hereby agree that the terms set forth on Appendix A shall apply to the Impacted Currencies. Loans. For the avoidance of doubt,... to the extent provisions in the Credit Agreement apply to the Impacted Currencies Loans and such provisions are not specifically addressed by Appendix A, the provisions in the Credit Agreement shall continue to apply to the Impacted Currencies. Loans. View More