When the prior year testing method is used, qualified nonelective contributions and qualified matching contributions shall not be taken into account.

testing availability under baskets set forth in this Agreement (including baskets measured as a percentage of Consolidated EBITDA or Consolidated Total Assets);

#Section 1.01 of the Credit Agreement is amended by deleting the defined terms “Convertible Notes” and “Decreased Testing Condition” in their entirety.

“Development” or “Develop” - all preclinical development activities and all clinical drug development and regulatory activities regarding Compound or Product. Development shall include, without limitation, all preclinical testing, test method development and stability testing, toxicology, formulation, process development, manufacturing scale-up, qualification and validation, quality assurance/quality control, Clinical Studies, manufacturing clinical supplies, regulatory affairs, statistical analysis and report writing. When used as a verb, “Develop” shall mean to engage in Development.

the Employer has elected in the Adoption Agreement to use the prior year testing method. Plans may be aggregated in order to satisfy

Testing means an operation intended to evaluate the capacity of a Zone to produce Hydrocarbons. Test and other derivatives shall be construed accordingly.

There shall be full commitment from both sides to finish the testing and coverage milestones on schedule even if this entails onsite support.

#[[Organization A:Organization]] shall be required to participate, if requested by [[Bank of America:Organization]], in recovery testing of a mutually agreed upon scope and frequency.

“Engineering” means the planning, site testing, designing, engineering technical service, installation, procurement, completion, debugging and trial operation of the wireless network coverage project in Beijing area.

Parent covenants and agrees that, until the termination of all of the Commitments and the payment in full of the Obligations, Parent and its Restricted Subsidiaries will maintain a Fixed Charge Coverage Ratio, calculated for each 12 month period ending on the first day of any Covenant Testing Period and the last day of each fiscal month occurring on or before the end of any Covenant Testing Period, in each case of at least 1.00 to 1.00.