Definitions

Definitions. The following capitalized terms, as used in this Agreement, shall have the meanings set forth below. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the Merger Agreement.

Definitions. Capitalized terms used but not defined herein have the definitions as provided in the Plan

Definitions. All modifications to existing provisions of the Agreement are indicated herein by adding the inserted text (indicated in the same manner as the following example: inserted text, deleted text). "Leadership Team" means the persons holding the following offices immediately prior to the date of the occurrence of a Change of Control: any Senior Vice President, any person that reports directly to the Chief Executive Officer or Chief Financial Officer, the Treasurer or any other position that contains... substantially the same responsibilities as of any of the positions listed above or reports to the Chief Executive Officer; provided that from time to time an Authorized Officer of Wendy's may, upon written notice to the Control Party and the Trustee, change the list of offices comprising the Leadership Team so long as such list (x) at all times includes, at a minimum, the Chief Executive Officer and Chief Financial Officer (or differently-titled successor offices performing substantially the same functions as the Chief Executive Officer and/or Chief Financial Officer, as the case may be) and (y) at no time exceeds twenty-five (25) officers; provided, further, that any changes to such list notified to the Control Party and the Trustee during the period beginning on the date that is ninety (90) days preceding the announcement of a Change of Control and ending on the date that is twelve (12) months following the occurrence of a Change of Control shall be disregarded for purposes of this definition. View More

Definitions. "Business Day" means a day (other than a Saturday or Sunday) on which banks generally are open in New York, New York for the conduct of substantially all of their activities.

Definitions. Any capitalized term not otherwise defined herein shall have the meaning set forth for such term in or pursuant to the Issuer Warrant Confirmations.

Definitions. All capitalized terms in this Amendment 3 shall have the meaning assigned in the Agreement. All other terms and conditions of the Agreement necessary to effectuate this Amendment 3 shall be incorporated hereby by reference.

Definitions. 1.1 "Affiliates" will mean any individual, company, partnership or other entity which directly or indirectly, at present or in the future, controls, is controlled by or is under common control of a Party, and "control" will mean direct or indirect beneficial ownership of at least fifty percent (50%) of the voting share capital in such company or other business entity, or to hold the effective power to appoint or dismiss members of the management. Notwithstanding the foregoing, neither UT System... nor other member institutions of UT System will be considered Affiliates of MD Anderson for purposes of this Agreement. 1.2 "Arising IP" will mean: (a) any invention or discovery, whether patentable or not, that is conceived, discovered, developed or first reduced to practice by either Party, or jointly by the Parties, during performance of the Collaboration and which directly arises from the conduct of the Collaboration; and (b) any Patents claiming any Arising IP described in subclause 1.2(a). 1.3 "Background IP" will mean all Patents, know-how and other intellectual property of a Party that: (a) was generated by such Party before the Effective Date; or (b) is generated by such Party outside the scope of the Collaboration and this Agreement or after expiration of this Agreement and; in each such case; (c) is owned by such Party, either partially or wholly, or is licensed to, or otherwise controlled by such Party, and which is not Arising IP under this Agreement. 1.4 "Data" will mean the information, data, analysis, and/or results directly made, collected or otherwise generated under the Collaboration. 1.5 "Investigators" will mean MD Anderson investigators Joseph Ludwig and Hagop Kantarjian. 1.6 "IP Limits" will mean that the rights granted by MD Anderson to Tokalas in Arising IP may not violate the relevant laws of the United States of America and the State of Texas, and may not, as determined by UT System Tax Counsel, result in private business use and/or adverse tax consequences with respect to any of the tax-exempt bonds issued by UT System or covering any of MD Anderson's facilities. 1.7 "Patent" will mean a patent or a patent application and any patents issuing therefrom, including any additions, divisions, continuations, continuations-in-part, invention certificates, substitutions, reissues, reexaminations, extensions, registrations, supplementary protection certificates and renewals, and foreign counterparts to any of the foregoing. 1.8 "Patent Costs" will mean the reasonable, out-of-pocket, actual costs of preparing, filing, prosecuting, maintaining, and defending Patent rights and Patents. View More

Definitions. Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Credit Agreement. The rules of interpretation set forth in Section 1.02 of the Credit Agreement are hereby incorporated by reference herein, mutatis mutandis.

Definitions. Capitalized terms are defined in the Definitions Appendix, which also includes terms that are defined in the Plan.

Definitions. As used in this Agreement: 1.1"Previously Defined Terms" The terms "Agreement", "CAO", "Biolase", "Parties", "Party", "the Utah Action", "the California ‘368 Action", "the California ‘133 Action", and "the Litigation" shall have the meanings set out above.