Defined Terms Contract Clauses (5,471)

Defined Terms. All initially capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Agreement.

Defined Terms. All terms defined in the Agreement and used herein shall have such defined meanings when used herein, unless otherwise defined herein, or, if not defined therein, in the Indenture (as defined in the Agreement). "Removal Cut-Off Date" shall mean, with respect to the Removed Accounts, June 30, 2021. "Removal Date" shall mean, with respect to the Removed Accounts, July 16, 2021. "Removal Notice Date" shall mean, with respect to the Removed Accounts, July 9, 2021.

Defined Terms. All capitalized terms used herein shall have the same meaning as defined in the Lease, unless otherwise defined in this Fourth Amendment.

Defined Terms. Unless otherwise indicated herein, all terms, which are capitalized, but are not otherwise defined herein, shall have the meaning ascribed to them in the Original Trust Agreement, as applicable.

Defined Terms. Initially capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement.

Defined Terms. Certain terms used in this Agreement have the meanings given them in the following Sections: Term Section AAA Section 25 Account Section 1 Advisers Act Section 7(d) Assets Section 1 BHF Introduction BHS Introduction BLIC Introduction BLICNY Introduction Borrower Section 10(m) BRCD Section 1 BRCD and OCIO Agreements Section 1 Brighthouse Parties Section 10(b) Client Directed Investment Section 3 Code Section 8(c) Companies Introduction Company Act Section 9(f) Custodian Section 3(c) Effective Dat...e Introduction ERISA Section 9(h) -28- Expenses Section 12 FCPA Section 7(j) IMAs Introduction Investment Adviser Introduction Investment Adviser Parties Section 10(a) Investment Guidelines Section 3(a) Investments Compliance Section 8(k) Key Person Section 18 Law Section 7(b) Legacy Agreements Section 1 Loaned Securities Section 10(m) Material Action Section 7(l) Material Non-Public Information Section 8(k) Met Representative Section 10(m) MLIA Introduction NELICO Introduction OECD Convention Section 7(j) OFAC Section 7(i) PATRIOT Act Section 9(m) Pricing Sources Section 2(b) Replacement Securities Section 10(m)(i) Rules Section 25 SEC Section 7(d) Securities Act Section 9(f) Securities Lending Activities Section 3(e)(ii) Trust Accounts Section 1 Valuation Information Section 2(b) 23. Modification of Agreement. Except as otherwise provided herein, this Agreement, including the Exhibits, may be amended only by a written instrument signed by Services and the Investment Adviser. For the avoidance of doubt, Exhibit C may be modified in accordance with Section 3 herein. View More

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. 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 terms defined in the Agreement and used herein shall have such defined meanings when used herein, unless otherwise defined herein, or, if not defined therein, in the Indenture (as defined in the Agreement). "Removal Cut-Off Date" shall mean, with respect to the Removed Accounts, December 31, 2015. "Removal Date" shall mean, with respect to the Removed Accounts, February 14, 2016. "Removal Notice Date" shall mean, with respect to the Removed Accounts, February 5, 2016.

Defined Terms. In addition to the terms defined elsewhere in this Agreement: (a) capitalized terms that are not otherwise defined herein have the meanings given to such terms in the New Note or Security Agreement (as defined herein); and (b) the following terms have the meanings set forth in this Section 1: "Affiliate" of any specified Person means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this... definition, "control", when used with respect to any specified Person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms "controlling" and "controlled" have meanings correlative to the foregoing. "Business Day" means any day except any Saturday, any Sunday, any day which is a federal legal holiday in the United States or any day on which banking institutions in the State of New York are authorized or required by law or other governmental action to close. "Closing Date" means the Trading Day on which all of the Transaction Documents have been executed and delivered by the applicable parties thereto, and all conditions precedent to: (i) the Holders' obligations to surrender the Original Note and (ii) the Company's obligations to deliver the New Note have been satisfied or waived. "Commission" means the United States Securities and Exchange Commission. "Common Stock" means the common stock of the Company, par value $0.001 per share, and any other class of securities into which such securities may hereafter be reclassified or changed. "Conversion Price" shall have the meaning ascribed to such term in the New Note. "Conversion Shares" means the shares of Common Stock issuable upon the conversion of the New Note. "Encumbrances" shall mean any security or other property interest or right, claim, lien, pledge, option, charge, security interest, contingent or conditional sale, or other title claim or retention agreement interest or other right or claim of third parties, whether perfected or not perfected, voluntarily incurred or arising by operation of law, and including any agreement (other than this Agreement) to grant or submit to any of the foregoing in the future. "Exchange Act" means the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder. "New Note" means the Secured Convertible Note due, subject to the terms therein, on the one-year anniversary of the date on which it is issued, as issued by the Company to the Holder hereunder, in an aggregate principal amount equal to the sum of (i) the principal amount of the Original Notes, plus (ii) the accrued and unpaid interest on the Original Notes up to the Business Day immediately preceding the Closing Date, which New Note shall be in the form of Exhibit A attached hereto. 1 "Person" means an individual or corporation, partnership, trust, incorporated or unincorporated association, joint venture, limited liability company, joint stock company, government (or an agency or subdivision thereof) or other entity of any kind. "Required Approvals" shall have the meaning ascribed to such term in Section 4(d). "Required Minimum" means, as of any date, the maximum aggregate number of shares of Common Stock then issued or potentially issuable in the future pursuant to the New Note, ignoring any conversion or exercise limits set forth therein. "Securities" means the New Note and the Conversion Shares. "Securities Act" means the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder. "Security Agreement" means that certain Amended and Restated Security Agreement, dated as of the date first set forth above, among the Company and the secured parties, as named therein. "Trading Day" means a day on which the principal Trading Market is open for trading. "Trading Market" means any of the following markets or exchanges on which the Common Stock is listed or quoted for trading on the date in question: the NYSE MKT, the Nasdaq Capital Market, the Nasdaq Global Market, the Nasdaq Global Select Market, the New York Stock Exchange, or any tier of the OTC Markets Inc. (or any successors to any of the foregoing). "Transaction Documents" means this Agreement, the New Note, the Security Agreement, all exhibits and schedules thereto and hereto and any other documents or agreements executed in connection with the transactions contemplated hereunder. View More