Definitions Clause Example with 6 Variations from Business Contracts

This page contains Definitions 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.
Definitions. As used in this Note, the following capitalized terms have the following meanings: (a) the "Company" includes the corporation initially executing this Note and any Person which shall succeed to or assume the obligations of the Company under this Note. (b) "Event of Default" has the meaning given in Section 4 hereof. (c) "Investor" shall mean the Person specified in the introductory paragraph of this Note or any Person who shall at the time be the registered holder of this Note. (d) "Majority in ...Interest" shall mean, more than 65% of the aggregate outstanding principal amount of the Notes issued pursuant to the Agreement. (e) "Material Adverse Effect" shall mean a material adverse effect on (a) the business, assets, operations, prospects or financial or other condition of the Company; (b) the ability of the Company to pay or perform the Obligations in accordance with the terms of this Note and the other Transaction Documents and to avoid an Event of Default, or an event which, with the giving of notice or the passage of time or both, would constitute an Event of Default, under any Transaction Document; or (c) the rights and remedies of Investor under this Note, the other Transaction Documents or any related document, instrument or agreement through no fault of the Company. (f) "Agreement" has the meaning given in the introductory paragraph hereof. (g) "Obligations" shall mean and include all loans, advances, debts, liabilities and obligations, howsoever arising, owed by the Company to Investor of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), now existing or hereafter arising under or pursuant to the terms of this Note, the Agreement and the other Transaction Documents, including, all interest, fees, charges, expenses, attorneys' fees and costs and accountants' fees and costs chargeable to and payable by the Company hereunder and thereunder, in each case, whether direct or indirect, absolute or contingent, due or to become due, and whether or not arising after the commencement of a proceeding under Title 11 of the United States Code (11 U. S. C. Section 101 et seq. ), as amended from time to time (including post-petition interest) and whether or not allowed or allowable as a claim in any such proceeding. (h) "Person" shall mean and include an individual, a partnership, a corporation (including a business trust), a joint stock company, a limited liability company, an unincorporated association, a joint venture or other entity or a governmental authority. (i) "Securities Act" shall mean the Securities Act of 1933, as amended. (j) "Transaction Documents" shall mean this Note, each of the other Notes issued under the Agreement and the Agreement. View More

Variations of a "Definitions" Clause from Business Contracts

Definitions. As used in this Note, the following capitalized terms have the following meanings: (a) the "Company" "Wright" includes the corporation individual initially executing this Note and any Person which shall succeed to or assume the obligations of the Company Wright under this Note. (b) "Event of Default" has the meaning given in Section 4 5 hereof. (c) "Investor" (g) "Material Adverse Event" shall mean an event that results in, constitutes, or with the Person specified passage of time, will result i...n the introductory paragraph of this Note or any Person who shall at the time be the registered holder of this Note. (d) "Majority in Interest" shall mean, more than 65% of the aggregate outstanding principal amount of the Notes issued pursuant to the Agreement. (e) "Material Adverse Effect" shall mean constitute a material adverse effect on (a) the business, assets, operations, prospects or financial or other condition of the Company; Wright; (b) the ability of the Company Wright to pay or perform the Obligations in accordance with the terms of this Note and the other Transaction Documents and to avoid an Event of Default, or an event which, with the giving of notice or the passage of time or both, would constitute an Event of Default, under any Transaction Document; Default; or (c) the rights and remedies of Investor bBooth under this Note, the other Transaction Documents Note or any related document, instrument or agreement through no fault of the Company. (f) "Agreement" has the meaning given in the introductory paragraph hereof. (g) agreement. (c) "Obligations" shall mean and include all loans, advances, debts, liabilities and obligations, howsoever arising, owed by the Company Wright to Investor bBooth of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), now existing or hereafter arising under or pursuant to the terms of this Note, the Agreement and the other Transaction Documents, Note or any related agreements or documents, including, all interest, fees, charges, expenses, attorneys' fees and costs and accountants' fees and costs chargeable to and payable by the Company Wright hereunder and thereunder, there under, in each case, whether direct or indirect, absolute or contingent, due or to become due, and whether or not arising after the commencement of a proceeding under Title 11 of the United States Code (11 U. S. C. Section 101 et seq. ), as amended from time to time (including post-petition interest) and whether or not allowed or allowable as a claim in any such proceeding. (h) 1 (d) "Person" shall mean and include an individual, a partnership, a corporation (including corporation, a business trust), trust, a joint stock company, a limited liability company, an unincorporated association, a joint venture association or other entity and any domestic or a governmental authority. (i) "Securities Act" shall mean the Securities Act foreign national, state or local government, any political subdivision thereof, and any department, agency, authority or bureau of 1933, as amended. (j) "Transaction Documents" shall mean this Note, each any of the other Notes issued under the Agreement and the Agreement. foregoing. (i) Interest. Accrued interest on this Note shall be payable in full on demand by bBooth. View More
Definitions. As used in this Note, the following capitalized terms have the following meanings: (a) the "Company" includes the corporation initially executing this Note and any Person which shall succeed to or assume the obligations of the Company under this Note. (b) "Event of Default" has the meaning given in Section 4 5 hereof. (c) "Investor" (g) "Material Adverse Event" shall mean an event that results in, constitutes, or with the Person specified passage of time, will result in the introductory paragrap...h of this Note or any Person who shall at the time be the registered holder of this Note. (d) "Majority in Interest" shall mean, more than 65% of the aggregate outstanding principal amount of the Notes issued pursuant to the Agreement. (e) "Material Adverse Effect" shall mean constitute a material adverse effect on (a) the business, assets, operations, prospects or financial or other condition of the Company; (b) the ability of the Company to pay or perform the Obligations in accordance with the terms of this Note and the other Transaction Documents and to avoid an Event of Default, or an event which, with the giving of notice or the passage of time or both, would constitute an Event of Default, under any Transaction Document; Default; or (c) the rights and remedies of Investor bBooth under this Note, the other Transaction Documents Note or any related document, instrument or agreement through no fault of the Company. (f) "Agreement" has the meaning given in the introductory paragraph hereof. (g) agreement. (c) "Obligations" shall mean and include all loans, advances, debts, liabilities and obligations, howsoever arising, owed by the Company to Investor bBooth of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), now existing or hereafter arising under or pursuant to the terms of this Note, the Agreement and the other Transaction Documents, Note or any related agreements or documents, including, all interest, fees, charges, expenses, attorneys' fees and costs and accountants' fees and costs chargeable to and payable by the Company hereunder and thereunder, there under, in each case, whether direct or indirect, absolute or contingent, due or to become due, and whether or not arising after the commencement of a proceeding under Title 11 of the United States Code (11 U. S. C. Section 101 et seq. ), as amended from time to time (including post-petition interest) and whether or not allowed or allowable as a claim in any such proceeding. (h) 1 (d) "Person" shall mean and include an individual, a partnership, a corporation (including corporation, a business trust), trust, a joint stock company, a limited liability company, an unincorporated association, a joint venture association or other entity and any domestic or a governmental authority. (i) "Securities Act" shall mean the Securities Act foreign national, state or local government, any political subdivision thereof, and any department, agency, authority or bureau of 1933, as amended. (j) "Transaction Documents" shall mean this Note, each any of the other Notes issued under the Agreement and the Agreement. foregoing. (i) Interest. Accrued interest on this Note shall be payable in full on demand by bBooth. View More
Definitions. As used in this Note, the following capitalized terms have the following meanings: (a) the "Company" includes the corporation initially executing this Note and any Person which shall succeed to or assume the obligations of the Company under this Note. (b) "Common Stock" means the Company's common stock, par value $0.01 per share. (c) "Conversion Price" means $0.25, subject to adjustment as set forth in Section 6. (d) "Event of Default" has the meaning given in Section 4 hereof. (c) (e) "Investor..." shall mean the Person specified in the introductory paragraph of this Note or any Person who shall at the time be the registered holder of this Note. (d) "Majority in Interest" shall mean, more than 65% of (f) "Issuance Date" means the aggregate outstanding principal amount of the Notes issued pursuant to the Agreement. (e) "Material Adverse Effect" shall mean a material adverse effect on (a) the business, assets, operations, prospects or financial or other condition of the Company; (b) the ability of the Company to pay or perform the Obligations in accordance with the terms of this Note and the other Transaction Documents and to avoid an Event of Default, or an event which, with the giving of notice or the passage of time or both, would constitute an Event of Default, under any Transaction Document; or (c) the rights and remedies of Investor under this Note, the other Transaction Documents or any related document, instrument or agreement through no fault of the Company. (f) "Agreement" has the meaning given in the introductory paragraph hereof. date first written above. (g) "Obligations" shall mean and include all loans, advances, debts, liabilities and obligations, howsoever arising, owed by the Company to Investor of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), now existing or hereafter arising under or pursuant to the terms of this Note, the Agreement and the other Transaction Documents, Securities Purchase Agreement, including, all interest, fees, charges, expenses, attorneys' fees and costs and accountants' fees and costs chargeable to and payable by the Company hereunder and thereunder, in each case, whether direct or indirect, absolute or contingent, due or to become due, and whether or not arising after the commencement of a proceeding under Title 11 of the United States Code (11 U. S. C. Section 101 et seq. ), as amended from time to time (including post-petition interest) and whether or not allowed or allowable as a claim in any such proceeding. (h) "Person" shall mean and include an individual, a partnership, a corporation (including a business trust), a joint stock company, a limited liability company, an unincorporated association, a joint venture or other entity or a governmental authority. (i) "Securities Act" shall mean the Securities Act of 1933, as amended. (j) "Transaction Documents" shall mean this Note, each of "Securities Purchase Agreement" has the other Notes issued under meaning given in the Agreement and the Agreement. introductory paragraph hereof. View More
Definitions. As used in this Note, the following capitalized terms have the following meanings: (a) the "Company" includes the corporation initially executing this Note and any Person which shall succeed to or assume the obligations of the Company under this Note. (b) "Event of Default" has the meaning given in Section 4 hereof. (c) "Investor" shall mean the Person specified in the introductory paragraph of this Note or any Person who shall at the time be the registered holder of this Note. (d) "Majority in ...Interest" shall mean, more than 65% of the aggregate outstanding principal amount of the Notes issued pursuant to the Agreement. (e) "Material Adverse Effect" shall mean a material adverse effect on (a) the business, assets, operations, prospects or financial or other condition of the Company; (b) the ability of the Company to pay or perform the Obligations in accordance with the terms of this Note and the other Transaction Documents and to avoid an Event of Default, or an event which, with the giving of notice or the passage of time or both, would constitute an Event of Default, under any Transaction Document; or (c) the rights and remedies of Investor under this Note, the other Transaction Documents or any related document, instrument or agreement through no fault of the Company. (f) "Agreement" has the meaning given in the introductory paragraph hereof. (g) "Obligations" shall mean and include all loans, advances, debts, liabilities and obligations, howsoever arising, owed by the Company to Investor of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), now existing or hereafter arising under or pursuant to the terms of this Note, the Agreement and the other Transaction Documents, including, all interest, fees, charges, expenses, attorneys' fees and costs and accountants' fees and costs chargeable to and payable by the Company hereunder and thereunder, in each case, whether direct or indirect, absolute or contingent, due or to become due, and whether or not arising after the commencement of a proceeding under Title 11 of the United States Code (11 U. S. C. Section 101 et seq. ), as amended from time to time (including post-petition interest) and whether or not allowed or allowable as a claim in any such proceeding. (h) (e) "Person" shall mean and include an individual, a partnership, a corporation (including a business trust), a joint stock company, a limited liability company, an unincorporated association, a joint venture or other entity or a governmental authority. (i) (f) "Securities Act" shall mean the Securities Act of 1933, as amended. (j) "Transaction Documents" (g) "Warrant" shall mean the warrant to purchase the Company's capital stock issued to Investor in connection and concurrently with this Note, each of the other Notes issued under the Agreement and the Agreement. Note. View More
Definitions. As used in this Note, the following capitalized terms have the following meanings: (a) the "Company" includes the corporation initially executing this Note and any Person which shall succeed to or assume the obligations of the Company under this Note. (b) "Event of Default" has the meaning given in Section 4 hereof. (c) "GAAP" shall mean generally accepted accounting principles as in effect in the United States of America from time to time. (d) "Investor" shall mean the Person specified in the i...ntroductory paragraph of this Note or any Person who shall at the time be the registered holder of this Note. (d) (e) "Majority in Interest" shall mean, more than 65% 50% of the aggregate outstanding principal amount of the Notes issued pursuant to the Note Purchase Agreement. (e) (f) "Material Adverse Effect" shall mean a material adverse effect on (a) the business, assets, operations, prospects or financial or other condition of the Company; (b) the ability of the Company to pay or perform the Obligations in accordance with the terms of this Note and the other Transaction Documents and to avoid an Event of Default, or an event which, with the giving of notice or the passage of time or both, would constitute an Event of Default, under any Transaction Document; or (c) the rights and remedies of Investor under this Note, the other Transaction Documents or any related document, instrument or agreement through no fault of the Company. (f) "Agreement" agreement. (g) "Note Purchase Agreement" has the meaning given in the introductory paragraph hereof. (g) (h) "Obligations" shall mean and include all loans, advances, debts, liabilities and obligations, howsoever arising, owed by the Company to Investor of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), now existing or hereafter arising under or pursuant to the terms of this Note, the Agreement Note and the other Transaction Documents, Note Purchase Agreement, including, all interest, fees, charges, expenses, attorneys' fees and costs and accountants' fees and costs chargeable to and payable by the Company hereunder and thereunder, in each case, whether direct or indirect, absolute or contingent, due or to become due, and whether or not arising after the commencement of a proceeding under Title 11 of the United States Code (11 U. S. C. Section 101 et seq. ), as amended from time to time (including post-petition interest) and whether or not allowed or allowable as a claim in any such proceeding. (h) 2 (i) "Person" shall mean and include an individual, a partnership, a corporation (including a business trust), a joint stock company, a limited liability company, an unincorporated association, a joint venture or other entity or a governmental authority. (i) (j) "Securities Act" shall mean the Securities Act of 1933, as amended. (j) (k) "Subsidiary" shall mean (a) any corporation of which more than 50% of the issued and outstanding equity securities having ordinary voting power to elect a majority of the Board of Directors of such corporation is at the time directly or indirectly owned or controlled by the Company, (b) any partnership, joint venture, or other association of which more than 50% of the equity interest having the power to vote, direct or control the management of such partnership, joint venture or other association is at the time directly or indirectly owned and controlled by the Company, (c) any other entity included in the financial statements of the Company on a consolidated basis. (l) "Transaction Documents" shall mean this Note, each of the other Notes issued under the Note Purchase Agreement and the Note Purchase Agreement. View More
Definitions. As used in this Note, the following capitalized terms have the following meanings: (a) the "Company" includes the corporation initially executing this Note and any Person which shall succeed to or assume the obligations of the Company under this Note. (b) "Event of Default" has the meaning given in Section 4 hereof. (c) "GAAP" shall mean generally accepted accounting principles as in effect in the United States of America from time to time. (d) "Investor" shall mean the Person specified in the i...ntroductory paragraph of this Note or any Person who shall at the time be the registered holder of this Note. (d) (e) "Majority in Interest" shall mean, more than 65% 50% of the aggregate outstanding principal amount of the Notes issued pursuant to the Note Purchase Agreement. (e) (f) "Material Adverse Effect" shall mean a material adverse effect on (a) the business, assets, operations, prospects or financial or other condition of the Company; (b) the ability of the Company to pay or perform the Obligations in accordance with the terms of this Note and the other Transaction Documents and to avoid an Event of Default, or an event which, with the giving of notice or the passage of time or both, would constitute an Event of Default, under any Transaction Document; or (c) the rights and remedies of Investor under this Note, the other Transaction Documents or any related document, instrument or agreement through no fault of the Company. (f) "Agreement" agreement. (g) "Note Purchase Agreement" has the meaning given in the introductory paragraph hereof. (g) (h) "Obligations" shall mean and include all loans, advances, debts, liabilities and obligations, howsoever arising, owed by the Company to Investor of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), now existing or hereafter arising under or pursuant to the terms of this Note, the Agreement Note and the other Transaction Documents, Note Purchase Agreement, including, all interest, fees, charges, expenses, attorneys' fees and costs and accountants' fees and costs chargeable to and payable by the Company hereunder and thereunder, in each case, whether direct or indirect, absolute or contingent, due or to become due, and whether or not arising after the commencement of a proceeding under Title 11 of the United States Code (11 U. S. C. Section 101 et seq. ), as amended from time to time (including post-petition interest) and whether or not allowed or allowable as a claim in any such proceeding. (h) (i) "Person" shall mean and include an individual, a partnership, a corporation (including a business trust), a joint stock company, a limited liability company, an unincorporated association, a joint venture or other entity or a governmental authority. (i) (j) "Securities Act" shall mean the Securities Act of 1933, as amended. (j) (k) "Subsidiary" shall mean (a) any corporation of which more than 50% of the issued and outstanding equity securities having ordinary voting power to elect a majority of the Board of Directors of such corporation is at the time directly or indirectly owned or controlled by the Company, (b) any partnership, joint venture, or other association of which more than 50% of the equity interest having the power to vote, direct or control the management of such partnership, joint venture or other association is at the time directly or indirectly owned and controlled by the Company, (c) any other entity included in the financial statements of the Company on a consolidated basis. (l) "Transaction Documents" shall mean this Note, each of the other Notes issued under the Note Purchase Agreement and the Note Purchase Agreement. View More