TIME.
1.76
"PERMITTED LIENS"
SHALL MEAN ANY LIENS GRANTED IN
ACCORDANCE WITH SECTION 21.8(A).
1.77
"PERMITTED USE"
SHALL MEAN, WITH RESPECT TO ANY
PROPERTY, ANY USE OF SUCH PROPERTY PERMITTED PURSUANT TO SECTION 4.1.1.
1.78
"PERSON"
SHALL MEAN ANY INDIVIDUAL OR ENTITY, AND
THE HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, SUCCESSORS AND
ASSIGNS OF SUCH PERSON WHERE THE CONTEXT SO ADMITS.
19
1.79
"PLEDGE AGREEMENT"
SHALL MEAN THE PLEDGE AGREEMENT,
DATED AS OF THE DECEMBER 31, 2002, MADE BY FSQ, INC. IN FAVOR OF LANDLORD WITH
RESPECT TO THE STOCK OR OTHER EQUITY INTERESTS OF TENANT, AS AMENDED, RESTATED,
SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME.
1.80
"PROPERTY"
SHALL HAVE THE MEANING GIVEN SUCH TERM
IN SECTION 2.1.
1.81
"PROVIDER AGREEMENTS"
SHALL MEAN ALL PARTICIPATION,
PROVIDER AND REIMBURSEMENT AGREEMENTS OR ARRANGEMENTS NOW OR HEREAFTER IN EFFECT
FOR THE BENEFIT OF TENANT OR ANY MANAGER IN CONNECTION WITH THE OPERATION OF ANY
FACILITY RELATING TO ANY RIGHT OF PAYMENT OR OTHER CLAIM ARISING OUT OF OR IN
CONNECTION WITH TENANT'S PARTICIPATION IN ANY THIRD PARTY PAYOR PROGRAM.
1.82
"RECORDS"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN
SECTION 7.2.
1.83
"REGULATED MEDICAL WASTES"
SHALL MEAN ALL MATERIALS
GENERATED BY TENANT, SUBTENANTS, PATIENTS, OCCUPANTS OR THE OPERATORS OF THE
LEASED PROPERTIES WHICH ARE NOW OR MAY HEREAFTER BE SUBJECT TO REGULATION
PURSUANT TO THE MATERIAL WASTE TRACKING ACT OF 1988, OR ANY APPLICABLE LAWS
PROMULGATED BY ANY GOVERNMENT AGENCIES.
1.84
"RENT"
SHALL MEAN, COLLECTIVELY, THE MINIMUM RENT,
ADDITIONAL RENT AND ADDITIONAL CHARGES.
1.85
"SEC"
SHALL MEAN THE SECURITIES AND EXCHANGE
COMMISSION.
1.86
"SECURITY AGREEMENT"
SHALL MEAN ANY SECURITY
AGREEMENT MADE BY TENANT FOR THE BENEFIT OF LANDLORD, AS IT MAY BE AMENDED,
RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME.
1.87
"STATE"
SHALL MEAN, WITH RESPECT TO ANY PROPERTY,
THE STATE, COMMONWEALTH OR DISTRICT IN WHICH THE SUCH PROPERTY IS LOCATED.
1.88
"SUBORDINATED CREDITOR"
SHALL MEAN ANY CREDITOR OF
TENANT WHICH IS A PARTY TO A SUBORDINATION AGREEMENT IN FAVOR OF LANDLORD.
1.89
"SUBORDINATION AGREEMENT"
SHALL MEAN ANY AGREEMENT
(AND ANY AMENDMENTS THERETO) EXECUTED BY A SUBORDINATED CREDITOR PURSUANT TO
WHICH THE PAYMENT AND PERFORMANCE OF TENANT'S OBLIGATIONS TO SUCH SUBORDINATED
CREDITOR ARE SUBORDINATED TO
20
the payment and performance of Tenant's obligations to Landlord under this
Agreement.
1.90
"SUBSIDIARY"
SHALL MEAN, WITH RESPECT TO ANY
PERSON, ANY ENTITY (A) IN WHICH SUCH PERSON OWNS DIRECTLY, OR INDIRECTLY THROUGH
ONE OR MORE SUBSIDIARIES, TWENTY PERCENT (20%) OR MORE OF THE VOTING OR
BENEFICIAL INTEREST OR (B) WHICH SUCH PERSON OTHERWISE HAS THE RIGHT OR POWER TO
CONTROL (WHETHER BY CONTRACT, THROUGH OWNERSHIP OF SECURITIES OR OTHERWISE).
1.91
"SUCCESSOR LANDLORD"
SHALL HAVE THE MEANING GIVEN
SUCH TERM IN SECTION 20.2.
1.92
"TENANT"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN
THE PREAMBLES TO THIS AGREEMENT AND SHALL ALSO INCLUDE ITS PERMITTED SUCCESSORS
AND ASSIGNS.
1.93
"TENANT'S PERSONAL PROPERTY"
SHALL MEAN ALL MOTOR
VEHICLES AND CONSUMABLE INVENTORY AND SUPPLIES, FURNITURE, FURNISHINGS,
EQUIPMENT, MOVABLE WALLS AND PARTITIONS, EQUIPMENT AND MACHINERY AND ALL