Execution means the execution of clients’ orders on the Company’s trading platform, where the Company acts as an Agent to Clients’ transactions.
Best execution means prompt and reliable execution at the most favorable security price, taking into account the other provisions hereinafter set forth. The determination of what may constitute best execution and price in the execution of a securities transaction by a broker involves a number of considerations, including, without limitation, the overall direct net economic result to the Fund (involving both price paid or received and any commissions and other costs paid), the efficiency with which the transaction is effected, the ability to effect the transaction at all where a large block is involved, availability of the broker to stand ready to execute possibly difficult transactions in the future, and the financial strength and stability of the broker. Such considerations are judgmental and are weighed by the Manager in determining the overall reasonableness of brokerage commissions.
Seller Documents has the meaning set forth in Section 4.2.
Delivery means delivery in compliance of the conditions of the contract or order.
Company Ancillary Agreements means, collectively, each certificate to be delivered on behalf of the Company by an officer or officers of the Company at the Closing pursuant to Article VII and each agreement or document (other than this Agreement) that the Company is to enter into as a party thereto pursuant to this Agreement.
the/this Agreement means the agreement as set out in this document and the Appendices hereto;
Ancillary Agreement has the meaning set forth in the Separation Agreement.
Related Agreements shall have the meaning specified in the recitals to the Administration Agreement.
Negotiation means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.
Ancillary Agreements means the Assignment and Assumption Agreement, the Transfer Instruments, the Transition Services Agreement and any other agreements, documents, instruments and certificates that are to be delivered by any Party or its Affiliates or entered into between or among the Parties or any of their respective Affiliates, in each case, pursuant to this Agreement.
Purchaser Documents has the meaning set forth in Section 6.2.
Ancillary Document has the meaning assigned to it in Section 9.06(b).
Transaction Agreements means the Securities Purchase Agreement, the Debentures, the Joint Escrow Instructions, the Security Agreement, the Registration Rights Agreement, and the Warrants and includes all ancillary documents referred to in those agreements.
Date of Execution means the date on the cover page as of which the Parties have executed this Settlement Agreement.
Best Execution Policy means the Company’s prevailing policy available at the Company’s Website regarding best execution when executing client orders;
Seller Ancillary Agreements means all agreements, instruments and documents being or to be executed and delivered by Seller under this Agreement or in connection herewith.
Buyer Documents has the meaning set forth in Section 5.2.
Ancillary Documents means each agreement, instrument or document attached hereto as an Exhibit, and the other agreements, certificates and instruments to be executed or delivered by any of the Parties hereto in connection with or pursuant to this Agreement.
Signing means the signing by the Parties of this Agreement;
Agreement Execution Date means the date this Agreement has been fully executed and delivered by all parties hereto.
Related Documents mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Buyer Ancillary Agreements means all agreements, instruments and documents being or to be executed and delivered by Buyer under this Agreement or in connection herewith.
Seller Ancillary Documents means each agreement, document, instrument or certificate to be delivered by Seller, or its Affiliates, at the Closing pursuant to Section 3.2 and each other document or Contract entered into by Seller, or its Affiliates, in connection with this Agreement or the Closing.
Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.