Definitions

Definitions. Section 1(q) of the Agreement shall be deleted in its entirety and replaced with the following: "(q) QUALIFIED PUBLIC OFFERING" means any underwritten initial Public Offering.

Definitions. Capitalized terms used herein shall, unless otherwise defined herein, have the meanings provided in the Agreement.

Definitions. (a) "Actual EBITDA" is defined as the amount of the Corporation's earnings before interest, taxes, depreciation and amortization for the calendar year, as adjusted by the Committee in its sole discretion for any extraordinary or non-recurring items.

Definitions. A. "Default" under this Assignment shall exist (i) if any representation made by any Assignor in this Assignment is found to have been untrue or misleading in any material respect at the time it was made, (ii) if any Assignor fails to observe any covenant made in this Assignment and (A) fails, upon notice from Assignee advising such Assignor of such failure, to cure the failure within thirty (30) days, (B) ceases to pursue diligently the cure of the failure or (C) repudiates in writing its... obligation to cure the failure, or (iii) if an "Event of Default" exists under the terms of the Mortgage or any other Loan Document. View More

Definitions. In this Agreement: "Effective Date" means 10:00 a.m., London time, on July 24, 2008. 1.2 Incorporation of Defined Terms (a) Unless a contrary indication appears, a term defined in the Senior Bridge Facilities Agreement has the same meaning in this Agreement. (b) The principles of interpretation set out in the Senior Bridge Facilities Agreement shall have effect as if set out in this Agreement. 1.3 Third Party Rights A person who is not party to this Agreement, other than the Obligors and the... Finance Parties, has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. View More

Definitions. Except as otherwise defined in this Assignment, terms defined in the Lease are used herein as defined therein.

Definitions. The following terms, when used in this Note, shall have the following meanings. Any of these terms may, unless the context otherwise requires, be used in the singular or plural depending on the reference. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Purchase Agreement.

Definitions. A. Buyer. Buyer, Ascent Solar Technologies, Inc. &/or assigns, will take title to the real property described below as o Joint Tenants o Tenants In Common x Other Buyer entity to be determined and assigned prior to Closing. b. Property. The Property is the following legally described real estate in the County of Adams, Colorado: SUB: WASHINGTON SQUARE AMENDED BLK:7 LOT:4 known as No. 12300 Grant Street Thornton CO 80241 Street Address City State Zip together with the interests, easements,... rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded. c. Dates and Deadlines. Item No. Reference Event Date or Deadline 1 § 4a Alternative Earnest Money Deadline 3 business days after MEC 2 § 5a Loan Application Deadline N/A 3 § 5b Loan Conditions Deadline N/A 4 § 5c Buyer's Credit Information Deadline N/A 5 § 5c Disapproval of Buyer's Credit Information Deadline N/A 6 § 5d Existing Loan Documents Deadline N/A 7 § 5d Existing Loan Documents Objection Deadline N/A 8 § 5d Loan Transfer Approval Deadline N/A 9 § 6a Appraisal Deadline N/A 10 § 7a Title Deadline 10 days after MEC 11 § 8a Title Objection Deadline 30 days after MEC 12 § 7c Survey Deadline 30 days after MEC 13 § 8c(2) Survey Objection Deadline 35 days after MEC 14 § 7b Document Request Deadline N/A 15 § 7d(5) CIC Documents Objection Deadline N/A 16 § 8b Off-Record Matters Deadline 10 days after MEC 1 17 § 8b Off-Record Matters Objection Deadline 35 days after MEC 18 § 8f Right Of First Refusal Deadline 10 days after MEC 19 § 10a Seller's Property Disclosure Deadline N/A 20 § 10b Inspection Objection Deadline 55 days after MEC 21 § 10c Resolution Deadline 60 days after MEC 22 § 10d Property Insurance Objection Deadline 30 days after MEC 23 § 12 Closing Date see 25. c 24 § 17 Possession Date at Closing 25 § 17 Possession Time at Closing 26 § 29 Acceptance Deadline Date November 28, 2007 27 § 29 Acceptance Deadline Time 6:00pm d. Attachments. The following are a part of this Contract: Exhibit A Note: The following disclosure forms are attached but are not a part of this Contract: none e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A" or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (§2c), it means that the corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution of this Contract) means the latest date upon which both parties have signed this Contract. View More

Definitions. When used in this Agreement (including the recitals and schedules hereto) or in any amendment hereto, the terms listed in Schedule A hereto shall, unless otherwise expressly provided, have the meanings assigned to them therein.

Definitions. Capitalized terms used in this Agreement without definition shall have their respective meanings set forth in the Purchase Agreement. As used in this Agreement, the following capitalized terms shall have the following meanings: "Affiliate" of any specified person means any other person which, directly or indirectly, is in control of, is controlled by, or is under common control with, such specified person. For purposes of this definition, control of a person means the power, direct... or indirect, to direct or cause the direction of the management and policies of such person whether by contract or otherwise; and the terms "controlling" and "controlled" have meanings correlative to the foregoing. View More