Capitalized Terms

Capitalized Terms. Used herein, unless specified otherwise, shall have the same meanings and/or references as contained in the Loan Agreement

Capitalized Terms. Meanings given to such terms in the Purchase Agreement or the applicable Subscription Agreements

Capitalized Terms. Meanings assigned to them in the text of this Agreement

Capitalized Terms. Not otherwise defined herein shall have the respective meanings ascribed to them in the Senior Credit Agreement. All terms used herein which are defined in the Uniform Commercial Code as in effect in the State of New York, unless otherwise defined herein, shall have the meanings set forth therein. All references to any term in the plural shall include the singular and all references to any term in the singular shall include the plural.

Capitalized Terms. Have the meanings defined for them in the Agreement

Capitalized Terms. Used herein and defined in the Loan Agreement and not otherwise defined herein are used with the meanings given such terms in the Loan Agreement

Capitalized Terms. Used and not otherwise defined in this First Amendment shall have the respective meanings given them in the Securities Purchase Agreement (for the avoidance of doubt, as applicable, as amended by this First Amendment)

Capitalized Terms. Used in this Addendum shall have the meanings ascribed to them in the Agreement, except: a. For all purposes under the Agreement, the term "Disability" or "Disabled" shall mean that Executive by reason of a medically determinable physical or mental impairment that can be expected to result in death or last for a continuous period of not less than 12 months (i) has been receiving income replacement benefits for a period of not less than three months under a separate long-term disability plan or... policy maintained by the Company or an affiliate thereof, or (ii) is unable to engage in any substantial gainful employment. b. For all purposes under the Agreement, the term "Termination of Employment" or words of similar import shall mean the later of the date on which (i) Executive's employment with the Company and its affiliates ceases, or (ii) the Company and Executive reasonably anticipate that Executive will perform no further services for the Company and its affiliates, whether as a common law employee or independent contractor. Notwithstanding the foregoing, Executive may be deemed to incur a Termination of Employment if he continues to provide services to the Company or an affiliate, whether as an employee or an independent contractor, provided such services are not more than 20% of the average level of services performed by such Executive during the immediately preceding 36-month period. c. The status of Executive as a "Specified Employee" shall be determined in accordance with the provisions of Code Section 409A and shall mean that as of his Separation Date, Executive is a "key employee" of the Company or an affiliate within the meaning of Code Section 416(i), (ii), or (iii), but determined without regard to paragraph (i)(5) thereof. If Executive satisfies such requirements as of a December 31st, he shall be considered a Specified Employee hereunder during the 12-month period commencing on the immediately following April 1st. View More

Capitalized Terms. Have the respective meanings assigned to them in the Mortgage

Capitalized Terms. Used in this Agreement and not otherwise defined herein shall have the meanings set forth in Exhibit A attached hereto and made a part hereof