Common use of Certain Defined Terms Clause in Contracts

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1481 contracts

Sources: Underwriting Agreement (Heartflow, Inc.), Underwriting Agreement (Dyne Therapeutics, Inc.), Underwriting Agreement (Chewy, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term "subsidiary" has the meaning set forth in Rule 405 under the Securities Act.

Appears in 99 contracts

Sources: Purchase Agreement (Opko Health, Inc.), Underwriting Agreement (EXPAND ENERGY Corp), Underwriting Agreement (Aptargroup, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; and (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 97 contracts

Sources: Underwriting Agreement (Trinity Capital Inc.), Underwriting Agreement (Extra Space Storage Inc.), Underwriting Agreement (Extra Space Storage Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 65 contracts

Sources: Distribution Agreement (Unitil Corp), Distribution Agreement (Alliant Energy Corp), Equity Distribution Agreement (SJW Group)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act; and (d) the term “written communication” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 54 contracts

Sources: Purchase Agreement (Group 1 Automotive Inc), Underwriting Agreement (F&G Annuities & Life, Inc.), Purchase Agreement (Oceaneering International Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; City and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 40 contracts

Sources: Underwriting Agreement (Dyadic International Inc), Placement Agency Agreement (SmartKem, Inc.), Underwriting Agreement (Myomo, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; Act and (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 30 contracts

Sources: Underwriting Agreement (Blue Owl Capital Corp), Underwriting Agreement (Ares Management Corp), Underwriting Agreement (Ares Management Corp)

Certain Defined Terms. For purposes of this Underwriting Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; City and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 30 contracts

Sources: Underwriting Agreement (Kellanova), Underwriting Agreement (Whirlpool Corp /De/), Underwriting Agreement (Kellogg Co)

Certain Defined Terms. For purposes of this Agreement, Agreement (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York CityCity or London; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 19 contracts

Sources: Underwriting Agreement (B.A.T. International Finance p.l.c.), Underwriting Agreement (British American Tobacco p.l.c.), Underwriting Agreement (British American Tobacco p.l.c.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than that is not a Saturday or Sunday, and that is not a day on which banks are permitted or required to be closed banking institutions in the City of New York Cityare authorized or obligated by law, regulation or executive order to close; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 16 contracts

Sources: Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp)

Certain Defined Terms. For purposes of this Agreement, (ai) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (bii) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (ciii) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 15 contracts

Sources: Underwriting Agreement (Discover Financial Services), Underwriting Agreement (Baidu, Inc.), Underwriting Agreement (Baidu, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a Saturday, Sunday or a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 14 contracts

Sources: Underwriting Agreement (Air Lease Corp), Underwriting Agreement (Air Lease Corp), Underwriting Agreement (Air Lease Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 14 contracts

Sources: Underwriting Agreement (Nuvalent, Inc.), Underwriting Agreement (Penumbra Inc), Underwriting Agreement

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities 1933 Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities 1933 Act.

Appears in 14 contracts

Sources: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities ActAct and with respect to the Company specifically includes Evolent Health.

Appears in 10 contracts

Sources: Purchase Agreement (Evolent Health, Inc.), Purchase Agreement (Evolent Health, Inc.), Underwriting Agreement (Evolent Health, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York CityCity or London; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 10 contracts

Sources: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (MPT Operating Partnership, L.P.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities ActAct .

Appears in 9 contracts

Sources: Underwriting Agreement (Guidewire Software, Inc.), Underwriting Agreement (Guidewire Software, Inc.), Underwriting Agreement (Petroquest Energy Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.are

Appears in 9 contracts

Sources: Underwriting Agreement (Affiliated Managers Group, Inc.), Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (CommScope Holding Company, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 8 contracts

Sources: Underwriting Agreement (M I Homes Inc), Underwriting Agreement (M I Homes Inc), Underwriting Agreement (M I Homes Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business dayBusiness Day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 7 contracts

Sources: Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc), Underwriting Agreement (Avalonbay Communities Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.banks

Appears in 6 contracts

Sources: Underwriting Agreement (JPMCC Commercial Mortgage Securities Trust 2016-Jp3), Underwriting Agreement (JPMDB Commercial Mortgage Securities Trust 2017-C5), Underwriting Agreement (JPMDB Commercial Mortgage Securities Trust 2016-C4)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiarySubsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 6 contracts

Sources: Underwriting Agreement (Ventas Inc), Underwriting Agreement (Ventas Inc), Underwriting Agreement (Ventas Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act; for the avoidance of doubt, “subsidiary” does not include Equitrans Midstream Corporation or its subsidiaries.

Appears in 6 contracts

Sources: Purchase Agreement (EQT Corp), Purchase Agreement (EQT Corp), Underwriting Agreement (EQT Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) except where otherwise expressly provided, the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 6 contracts

Sources: Underwriting Agreement (Oasis Petroleum Inc.), Underwriting Agreement (Oasis Petroleum Inc.), Underwriting Agreement (Oasis Petroleum Inc.)

Certain Defined Terms. For purposes of this Underwriting Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 5 contracts

Sources: Underwriting Agreement (Rosetta Resources Inc.), Underwriting Agreement (Rosetta Resources Inc.), Underwriting Agreement (Rosetta Resources Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act; (d) the term “written communication” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 5 contracts

Sources: Underwriting Agreement (Hewlett Packard Enterprise Co), Underwriting Agreement (Hewlett Packard Enterprise Co), Underwriting Agreement (Hewlett Packard Enterprise Co)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; Act and (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities ActCity or Bonn, Germany.

Appears in 5 contracts

Sources: Purchase Agreement (T-Mobile US, Inc.), Purchase Agreement (T-Mobile US, Inc.), Purchase Agreement (T-Mobile US, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York CityCity or Bermuda; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 5 contracts

Sources: Underwriting Agreement (SiriusPoint LTD), Underwriting Agreement (SiriusPoint LTD), Underwriting Agreement (Third Point Reinsurance Ltd.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiarywritten communication” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 5 contracts

Sources: Purchase Agreement (Sanchez Energy Corp), Purchase Agreement (Sanchez Energy Corp), Purchase Agreement (Sanchez Energy Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term terms “subsidiary” has and “significant subsidiary” have the meaning meanings set forth in Rule 405 under the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (Albemarle Corp), Underwriting Agreement (Albemarle Corp), Underwriting Agreement (Albemarle Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York CityCity or Toronto; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (IESI-BFC LTD), Underwriting Agreement (IESI-BFC LTD), Underwriting Agreement (Gerdau Ameristeel Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.term

Appears in 4 contracts

Sources: Purchase Agreement (Navistar International Corp), Purchase Agreement (Penn Virginia Corp), Underwriting Agreement (Ralph Lauren Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 4 contracts

Sources: Distribution Agreement (Buckeye Partners, L.P.), Distribution Agreement (MPLX Lp), Distribution Agreement (MPLX Lp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York CityCity or the Commonwealth of Puerto Rico; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (EVERTEC, Inc.), Underwriting Agreement (EVERTEC, Inc.), Underwriting Agreement (EVERTEC, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (BioNTech SE), Underwriting Agreement (BioNTech SE), Underwriting Agreement (Seattle Genetics Inc /Wa)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.the

Appears in 4 contracts

Sources: Underwriting Agreement (Absci Corp), Underwriting Agreement (Ellie Mae Inc), Underwriting Agreement (Uil Holdings Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiaryExchange Acthas the meaning set forth in Rule 405 under means the Securities ActExchange Act of 1934, as amended.

Appears in 4 contracts

Sources: Purchase Agreement (Forest Oil Corp), Underwriting Agreement (Forest Oil Corp), Underwriting Agreement (Boston Properties LTD Partnership)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) except as otherwise expressly defined, the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (Kratos Defense & Security Solutions, Inc.), Underwriting Agreement (Kratos Defense & Security Solutions, Inc.), Underwriting Agreement (Kratos Defense & Security Solutions, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act, provided that such term shall not include any portfolio company or other investment held by any fund or other investment vehicle sponsored or managed by the Company or any of its affiliates.

Appears in 4 contracts

Sources: Underwriting Agreement (TPG Inc.), Underwriting Agreement (TPG Inc.), Underwriting Agreement (TPG Gp A, LLC)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 3 contracts

Sources: Purchase Agreement (Sunnova Energy International Inc.), Purchase Agreement (Sunnova Energy International Inc.), Purchase Agreement (Sunnova Energy International Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliateAffiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 3 contracts

Sources: Purchase Agreement (Rex Energy Corp), Purchase Agreement (Rex Energy Corp), Purchase Agreement (Rex Energy Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) , and the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (ZS Pharma, Inc.), Underwriting Agreement (ZS Pharma, Inc.), Underwriting Agreement (ZS Pharma, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; Act and (b) the term “business day: means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Cousins Properties Inc), Underwriting Agreement (Cousins Properties Inc), Underwriting Agreement (Cousins Properties Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.be

Appears in 3 contracts

Sources: Purchase Agreement (Restaurant Brands International Inc.), Underwriting Agreement (Teladoc, Inc.), Underwriting Agreement (Generac Holdings Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act and (d) the term “written communication” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Overseas Shipholding Group Inc), Underwriting Agreement (Overseas Shipholding Group Inc), Purchase Agreement (General Maritime Corp / MI)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (National Commercial Bank Jamaica LTD), Underwriting Agreement (National Commercial Bank Jamaica LTD), Underwriting Agreement (Ternium S.A.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiaryExchange Acthas the meaning set forth in Rule 405 under the Securities Act.means the

Appears in 3 contracts

Sources: Purchase Agreement (Coastal Paper CO), Purchase Agreement (Deluxe Corp), Purchase Agreement (Nasdaq Stock Market Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York City; City and (c) the term "subsidiary" has the meaning set forth in Rule 405 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Frontier Communications Corp), Underwriting Agreement (Frontier Communications Corp), Underwriting Agreement (Affymetrix Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in London and New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Rio Tinto Finance (USA) PLC), Underwriting Agreement (Rio Tinto PLC), Underwriting Agreement (Rio Tinto Finance Usa LTD)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.to

Appears in 3 contracts

Sources: Underwriting Agreement (Immunogen Inc), Underwriting Agreement (Immunogen Inc), Underwriting Agreement (Harsco Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City, the Cayman Islands or São Paulo; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (PagSeguro Digital Ltd.), Underwriting Agreement (PagSeguro Digital Ltd.), Underwriting Agreement (PagSeguro Digital Ltd.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.Act ; and (d) the term “significant subsidiary” has the meaning set forth in Rule 1-02 of Regulation S-X.

Appears in 3 contracts

Sources: Underwriting Agreement (Sienna Biopharmaceuticals, Inc.), Underwriting Agreement (Scottish Power Finance (US) Inc), Underwriting Agreement (Scottish Power Finance (US) Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.on

Appears in 2 contracts

Sources: Purchase Agreement (Navistar International Corp), Underwriting Agreement (Advance Auto Parts Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiarysubsidiaries” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Relay Therapeutics, Inc.), Underwriting Agreement (Relay Therapeutics, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.banks

Appears in 2 contracts

Sources: Underwriting Agreement (Credit Suisse Commercial Mortgage Securities Corp.), Underwriting Agreement (Credit Suisse Commercial Mortgage Securities Corp.)

Certain Defined Terms. For purposes of this Agreement, (ai) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (bii) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (ciii) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act; and (iv) the term “written communication” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 2 contracts

Sources: Purchase Agreement (Calumet, Inc. /DE), Purchase Agreement (Calumet Specialty Products Partners, L.P.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York CityCity or Seoul; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (DoubleDown Interactive Co., Ltd.), Underwriting Agreement (DoubleDown Interactive Co., Ltd.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 2 contracts

Sources: Distribution Agreement (Iron Mountain Inc), Distribution Agreement (Iron Mountain Inc)

Certain Defined Terms. For purposes of this Agreement, : (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; ; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.;

Appears in 2 contracts

Sources: Underwriting Agreement (RBB Bancorp), Underwriting Agreement (Synovus Financial Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.which

Appears in 2 contracts

Sources: Purchase Agreement (Palace Entertainment Holdings, Inc.), Underwriting Agreement (ArcelorMittal)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities "Exchange Act."

Appears in 2 contracts

Sources: Purchase Agreement (Trinity Industries Inc), Purchase Agreement (Trinity Marine Products, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act405; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act405.

Appears in 2 contracts

Sources: Underwriting Agreement (Walt Disney Co), Underwriting Agreement (Walt Disney Co)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.meaning

Appears in 2 contracts

Sources: Underwriting Agreement (Savers Value Village, Inc.), Underwriting Agreement (Emergent BioSolutions Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act, and the Company’s current subsidiaries are as listed in its most recent Annual Report on Form 10-K on file with the Commission.

Appears in 2 contracts

Sources: Underwriting Agreement (Cardinal Health Inc), Underwriting Agreement (Cardinal Health Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities 1933 Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiarySubsidiary” has the meaning set forth in Rule 405 under the Securities 1933 Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Ventas Inc), Underwriting Agreement (Ventas Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except a)except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the b)the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the c)the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.; and the term “significant subsidiary” has the meaning set forth in Rule 1-02(w) of Regulation S-X.

Appears in 2 contracts

Sources: Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.New

Appears in 2 contracts

Sources: Underwriting Agreement (ArcelorMittal), Underwriting Agreement (KKR Financial Holdings LLC)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act...

Appears in 2 contracts

Sources: Underwriting Agreement (Madison Gas & Electric Co), Underwriting Agreement (Madison Gas & Electric Co)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York CityCity or São Paulo; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Azul Sa), Underwriting and Placement Agreement (Azul Sa)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; Act and (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; City and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (OvaScience, Inc.), Underwriting Agreement (OvaScience, Inc.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Reynolds American Inc), Underwriting Agreement (Reynolds American Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act. For the avoidance of doubt, the term “subsidiary” shall exclude the Joint Ventures.

Appears in 2 contracts

Sources: Underwriting Agreement (Exco Resources Inc), Underwriting Agreement (Exco Resources Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act. In addition, the terms that follow, when used in this Agreement, shall have the meanings indicated.

Appears in 2 contracts

Sources: Underwriting Agreement (Kraft Heinz Foods Co), Underwriting Agreement (Kraft Heinz Co)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (McGraw-Hill Companies Inc), Underwriting Agreement (Bill Barrett Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in each of the New York CityStock Exchange and the Exchange is open for business; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (SXC Health Solutions Corp.), Underwriting Agreement (SXC Health Solutions Corp.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.or

Appears in 2 contracts

Sources: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Gilead Sciences Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City, Amsterdam or London; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Cascal B.V.), Underwriting Agreement (Cascal N.V.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; , and (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) , the term “subsidiary” has Cayman Islands or the meaning set forth in Rule 405 under the Securities ActPRC.

Appears in 2 contracts

Sources: Underwriting Agreement (Watchdata Technologies Ltd.), Underwriting Agreement (Watchdata Technologies Ltd.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities 1933 Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Agl Resources Inc), Underwriting Agreement (Agl Resources Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York CityCity or the State of Nebraska; and (c) the term "subsidiary" has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Nelnet Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Phillips 66 Partners Lp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York CityCity or the New York Stock Exchange is permitted or required to be closed for trading; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Encore Acquisition Co)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.in

Appears in 1 contract

Sources: Underwriting Agreement (Celladon Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.405

Appears in 1 contract

Sources: Underwriting Agreement (McMoran Exploration Co /De/)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Distribution Agreement (New Residential Investment Corp.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term "subsidiary" has the meaning set forth in Rule 405 under the Securities Act.;

Appears in 1 contract

Sources: Underwriting Agreement (Tenneco Automotive Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) Act; the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Distribution Agreement (Erp Operating LTD Partnership)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.permitted

Appears in 1 contract

Sources: Underwriting Agreement (Grupo Aval Acciones Y Valores S.A.)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term "subsidiary" or "subsidiaries" has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (H&r Block Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; , (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; , (c) the term “Exchange Act” means the Securities Exchange Act of 1934, as amended and (cd) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Purchase Agreement (McMoran Exploration Co /De/)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; and (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has means a consolidated subsidiary of the meaning set forth in Rule 405 under the Securities Act.Company;

Appears in 1 contract

Sources: Underwriting Agreement (Sonic Automotive Inc)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise other-wise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Fender Musical Instruments Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Goodyear Capital Trust I)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act; and (d) the term “significant subsidiary” has the meaning set forth in Rule 1-02 of Regulation S-X of the Rules and Regulations.

Appears in 1 contract

Sources: Underwriting Agreement (Albemarle Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term "subsidiary" has the meaning set forth in Rule 405 under the Securities Act; and (d) the term "written communication" has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Purchase Agreement (Calgon Carbon Corporation)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; and (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities ActCity or Chicago, Illinois.

Appears in 1 contract

Sources: Underwriting Agreement (Pactiv Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Harsco Corp)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term "affiliate" has the meaning set forth in Rule 405 under the Securities Act; (b) the term "business day" means any day other than a day on which banks are permitted or required to be closed in New York CityHong Kong; and (c) the term "subsidiary" has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Xinhua Finance Media LTD)

Certain Defined Terms. For purposes of this Agreement, (a) except where otherwise expressly provided, the term “affiliate” has the meaning set forth in Rule 405 under the Securities Act; (b) the term “business day” means any day other than a day on which banks are permitted or required to be closed in Bermuda or New York City; and (c) the term “subsidiary” has the meaning set forth in Rule 405 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Fidelis Insurance Holdings LTD)