“Commercial LC Exposure” means, at any time, the sum of # the aggregate undrawn amount of all outstanding commercial Letters of Credit plus # the aggregate amount of all LC Disbursements relating to commercial Letters of Credit that have not yet been reimbursed by or on behalf of the Borrowers. The Commercial LC Exposure of any Revolving Lender at any time shall be its Applicable Percentage of the aggregate Commercial LC Exposure at such time.

additional Company Competitor by legal name, which updates shall become effective two Business Days after delivery thereof to the Administrative Agent; provided that in no event shall such a supplement apply retroactively to disqualify any Lender or participant prior to such supplement becoming effective or apply prior to the date which the assigning Lender entered into a binding agreement to sell and assign or participate all or a portion of its rights and obligations under this Agreement to such Person (clauses (i) and (ii), the “Primary Disqualified Institutions”) and, in each case, any readily identifiable Affiliate thereof, based on its name (other than any such Affiliate that is engaged in the making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit in the ordinary course of business and to which a Primary Disqualified Institution does not, directly or indirectly, possess the power to direct or cause the direction of the investment policies of such entity).

all Commercial Tort Claims, including such Commercial Tort Claims as are listed on Annex I hereto;

“UCC” means the Uniform Commercial Code of any applicable jurisdiction and, if the applicable jurisdiction shall not have any Uniform Commercial Code, the Uniform Commercial Code as in effect from time to time in the State of Texas.

consult with the Company's officers and the Board and assist in evaluating and obtaining adequate insurance coverage based upon risk management determinations and provide the Company's officers and the Board with timely updates related to the overall regulatory environment affecting the Company, as well as managing compliance with regulatory matters and policies and procedures relating to the corporate governance structure of the Company;

The above table is subject to periodic updates during QBR’s and business reviews as actual volumes are realized. Furthermore, OHL and CLIENT agree to discuss this metric in-depth at the first QBR and evaluate the Institution of pain-share/gain-share practices, as well as evaluating actual realized volumes vs. modeled volumes and updating Variable CPU projections and targets accordingly.

Key Files. Each copy of the Licensed Software requires a “Key File” in order to run. Key Files are delivered to [[Appian:Organization]] as set forth in [section 3.3] below. Each Key File delivered to [[Appian:Organization]] enables the Licensed software to run for a specified period and allows Updates to the Licensed Software to be installed for a specified period. Each Key File restricts the Licensed Software to running # on the number of Licensed Cores allowed under the terms of this OEM Agreement; # for a specified duration; # on the computer with the machine name or network address specified in the Key File; and # with a Signed [[Appian:Organization]] Application. Production Key Files allow [[Appian:Organization]] to install Updates of the Licensed Software for the one year period covered by annual Maintenance Services fee that has been paid for each copy of the Licensed software being used by [[Appian:Organization]] or a Customer.

“Commercial Paper” means the promissory notes issued or to be issued by the Conduit Investors in the commercial paper market.

“Commercialize” means, in respect of a particular Product, the conduct of any and all activities directed to the marketing, distribution, offer for commercial sale, importation for commercial sale, and commercial sale of the Product, including pre-launch, launch, and post-launch marketing, promotion, and advertising; pricing, order processing, invoicing, and sales; inventory management and commercial distribution; and customer support. “Commercialize” means to engage in Commercialization.

“Uniform Commercial Code” means the Uniform Commercial Code as in effect from time to time in the State of New York.