Definitions

Definitions. 1.1.17 "NG Partnership Interests Purchase and Sale Agreement": That certain Partnership Interests Purchase and Sale Agreement between Purchaser and NG Partnership Interests Seller, dated as of June 25, 2010 relating to the purchase and sale of the NG Partnership Interests. 1.1.18 "NG Partnership Interests": One hundred percent (100%) of the partnership interests in NG LP. 1.1.19 "NG Partnership Interests Seller": collectively, iStar NG Inc., a Delaware corporation, and iStar NG GenPar Inc., a... Delaware corporation. 1.1.20 "CTL Reston Member Interest Purchase and Sale Agreement": That certain Member Interest Purchase and Sale Agreement between Purchaser and iStar CTL Holdco LLC, a Delaware limited liability company ("CTL Reston Seller"), dated as of June 25, 2010 relating to the purchase and sale of the CTL Reston Membership Interests. 1.1.21 "CTL Reston Membership Interests": One hundred percent (100%) of the membership interests in CTL Reston. 1.1.22 "CTL Reston": iStar CTL Sunset Hills – Reston LLC, a Delaware limited liability company. 1.1.23 "Other Sellers": collectively, NG Partnership Interests Seller, CTL Reston Seller and Harborside Seller. 1.1.24 "Other Real Properties": collectively, the properties commonly known as 11493 Sunset Hills Road, Reston, Virgina, the NG Property and Harborside. 1.1.25 "Acquired Interests" collectively, the NG Partnership Interests, the CTL Reston Membership Interests and the Harborside Membership Interests. 1.1.26 "Other Purchase and Sale Agreements": collectively, the Harborside Purchase and Sale Agreement, the NG Partnership Interests Purchase and Sale Agreement and the CTL Reston Member Interest Purchase and Sale Agreement. 1.1.27. "Acquired Properties": collectively, the Acquired Interests and the Property. 1.1.28 "Northrop": Northrop Grumman Systems Corporation, a Delaware corporation. 1.1.29 "NG Property": That certain property commonly known as 7555 Colshire Drive, McLean, Virgina 1.1.30 "NG Lease": Deed of Lease dated July 27, 1999, as amended, modified and supplemented from time to time, by and between NG LP, successor-in-interest to West Group Properties LLC, a Virginia limited liability company, as landlord, and Northrop Grumman Systems Corporation, a Delaware corporation, successor-in-interest to PRC Inc., a Delaware corporation, as tenant. 1.1.31 "NG LP": iStar NG LP, a Delaware limited partnership. View More

Definitions. Section 1.02 is hereby amended by adding or amending and restating the following definitions: 'Agreement' means this Fourth Amended and Restated Credit Agreement, as amended by that certain First Amendment to Fourth Amended and Restated Credit Agreement, dated as of May 15, and as the same may from time to time be further amended, modified, supplemented or restated.

Definitions. For purposes of this Agreement: (a) "Board of Directors" means the Board of Directors of the Company. (b) the "Company" shall include, in addition to Centennial Bank Holdings, Inc., any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, employees or agents. (c) "Disinterested Director" means a director of the Company... who is not and was not a party to the Proceeding in respect of which indemnification or advance of Expenses is sought by Indemnitee. (d) "Expense" or "Expenses" shall mean any expense, including without limitation, all reasonable attorneys' fees, retainers, court costs, transcript costs, fees and expenses of experts (including accountants and other advisors), witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, filing fees and all other disbursements or expenses of the type typically paid or incurred in connection with prosecuting, defending, preparing to prosecute or defend, investigating, being or preparing to be a witness in, or otherwise participating in, a Proceeding relating to an Indemnifiable Event, and any expenses of establishing a right to indemnification or advancement of Expenses under this Agreement. Expenses shall also include Expenses incurred in connection with any appeal resulting from any Proceeding, including without limitation the premium, security for and other costs relating to any cost bond, supersedeas bond or other appeal bond or its equivalent. Expenses, however, shall not include amounts paid in settlement by Indemnitee or the amount of judgments or fines against Indemnitee. (e) "Indemnifiable Event" shall mean any event or occurrence that takes place either prior to or after the execution of this Agreement, related to the fact that Indemnitee is or was a director or officer of the Company and/or its subsidiaries, or by reason of any action taken by him or of any inaction on his part while acting as director or officer of the Company and/or its subsidiaries, or by reason of the fact that he is or was serving at the request of the Company as a director, officer, employee or agent of any other foreign or domestic corporation, partnership, joint venture, trust or other enterprise, in each case whether or not serving in such capacity at the time any liability or Expense is incurred for which indemnification, reimbursement or advancement of Expenses can be provided under this Agreement. (f) "Independent Counsel" means a law firm, or a member of a law firm, other than a law firm or a member of a law firm that has previously served as Independent Counsel pursuant to the terms of this Agreement, that is experienced in matters of corporation law and neither presently is, nor in the past two years has been, retained to represent: (i) the Company or Indemnitee in any matter material to either such party, or (ii) any other party to the Proceeding giving rise to a claim for indemnification hereunder. Independent Counsel shall be selected by the Indemnitee and approved by the Board of Directors (which approval shall not be unreasonably withheld). In the event that the Board of Directors does not approve Indemnitee's selection within 30 days of written notice by Indemnitee of his selection, Indemnitee may select a law firm: (a) having 50 or more attorneys and (b) rated "AV" by Martindale-Hubbell Law Directory, to act as Independent Counsel for purposes of this Agreement. Notwithstanding the foregoing, the term "Independent Counsel" shall not include any person who, under the applicable standards of professional conduct then prevailing, would have a conflict of interest in representing either the Company or Indemnitee in an action to determine Indemnitee's rights under this Agreement, unless both the Company and the Indemnitee waive such conflict in writing. (g) "DGCL" means the Delaware General Corporation Law. (h) "Proceeding" shall include any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative or legislative hearing or any other actual, threatened or completed proceeding, including any and all appeals, whether of a civil, criminal, administrative, investigative or other nature, and in each case whether or not commenced prior to the date of this Agreement, that relates to an Indemnifiable Event. View More

Definitions. (a) "Affiliate" means any parent corporation or subsidiary corporation, whether now or hereafter existing, as those terms are defined in Sections 424(e) and (f) respectively, of the Code. (b) "Board" means the Board of Directors of the Company. (c) "Code" means the Internal Revenue Code of 1986, as amended. (d) "Committee" means a Stock Option Committee of the Board. (e) "Company" means AtriCure, Inc., a Delaware corporation. (f) "Consultant" means any person, including an advisor, engaged by... the Company or an Affiliate to render consulting services and who is compensated for such services, provided that the term "Consultant" shall not include Directors who are paid only a director's fee by the Company or who are not compensated by the Company for their services as Directors. For purposes of this definition, "Consultant" shall include any employee of Enable. (g) "Continuous Status as an Employee, Director or Consultant" means that the service of an individual to the Company, whether as an Employee, Director or Consultant, is not interrupted or terminated. For purposes of this definition, an employee of Enable shall remain in Continuous Status as a Consultant until the effective date of such employee's termination of employment with Enable (unless as of such termination date, such employee is otherwise engaged as a Consultant to the Company in which case, such Consultant's Continuous Status shall end upon the termination of his or her engagement with the Company). The Board, in its sole discretion, may determine whether Continuous Status as an Employee, Director or Consultant shall be considered interrupted in the case of: (i) any leave of absence approved by the Board, including sick leave, military leave, or any other personal leave; or (ii) transfers between the Company, Affiliates or their successors. (h) "Director" means a member of the Board. (i) "Employee" means any person, including Officers and Directors, employed by the Company or any Affiliate of the Company. Neither service as a Director nor payment of a director's fee by the Company shall be sufficient to constitute "employment" by the Company. (j) "Enable" means Enable Medical Corporation. (k) "Exchange Act" means the Securities Exchange Act of 1934, as amended. (l) "Fair Market Value" of a share of Common Stock as of a specified date shall mean: (i) if the Common Stock is publicly traded and listed on the New York Stock Exchange or another national securities exchange or The Nasdaq Stock Market, the closing sale price of the Common Stock on the trading day immediately preceding the date as of which the Fair Market Value is being determined or, if the Common Stock is not so listed on a national securities exchange or The Nasdaq Stock Market, but publicly traded, the representative closing sale price in the over-the-counter market, as quoted by the National Quotation Bureau or a recognized dealer in the Common Stock, on the trading day immediately preceding the date as of which the Fair Market Value is being determined; or (ii) if the Common Stock is not publicly traded, the value per share determined by the Board in its sole discretion. (m) "Incentive Stock Option" means an Option intended to qualify as an incentive stock option within the meaning of Section 422 of the Code and the regulations promulgated thereunder. (n) "Nonstatutory Stock Option" means an Option not intended to qualify as an Incentive Stock Option. (o) "Officer" means an officer of the Company. (p) "Option" means a stock option granted pursuant to the Plan. (q) "Option Agreement" means a written agreement between the Company and an Optionee evidencing the terms and conditions of an individual Option grant. Each Option Agreement shall be subject to the terms and conditions of the Plan. 2 (r) "Optionee" means an Employee, Director or Consultant who holds an outstanding Option. (s) "Plan" means this 2001 Stock Option Plan. View More

Definitions. This Purchase Agreement, the Control Agreement (as defined herein), the Indenture and the Senior Notes are collectively referred to herein as the "Operative Documents." All other capitalized terms used but not defined in this Purchase Agreement shall have the respective meanings ascribed thereto in the Indenture.

Definitions. Capitalized terms used herein without definition are used as defined in the Loan Agreement.

Definitions. Capitalized terms defined in the Servicing Agreement and used but not otherwise defined herein have the meanings given to them in the Servicing Agreement.

Definitions. Except as expressly set forth in this First Amendment, all terms which have an initial capital letter where not required by the rules of grammar are used herein as defined in the Loan Agreement.

Definitions. Any definitions set forth in the Asset Purchase Agreement shall continue to apply to this Agreement (except as otherwise provided in this Agreement)

Definitions. Each capitalized term not defined in this Amendment shall have the definition ascribed such term in the Existing Credit Agreement.