“Tax” form any expose or future taxation, levy, impost, responsibility, testing, fees, fee, deduction otherwise withholding of every characteristics and you will any type of called, by whomsoever, toward whomsoever and wherever implemented, levied, compiled, withheld or reviewed, as well as people attract, additions so you’re able to tax or punishment appropriate thereto.
“Termination Date” means the date on which all of the following have occurred: (i) all Loans have been repaid in full in cash, (ii) all other Obligations (other than contingent indemnification obligations for which demand has not been made) under this Agreement and the other Credit Documents have been paid in full in cash or otherwise completely discharged, and (iii)(x) the Commitments have been permanently reduced to zero pursuant to Section dos.9(c), or (y) the Commitments have been terminated pursuant to step 1.
“Purchase Will set you back” setting the fresh new charge, will set you back and you can expenditures payable from the Provider or Business toward otherwise inside ninety (90) days following the Closing Date concerning the fresh new deals considered by Borrowing from the bank Data files.
“Total Repay Multiple” means, for all the Rent, the sum of most of the arranged payments with regards to instance Rent (net out of arranged payments off transformation and employ tax relating in order to a rental), conveyed since a percentage of one’s brand-new Order Worth.
“Underwriting Policies” means the Underwriting Dossier in the form attached hereto as Plan cuatro, as such policies, procedures, guidelines and methodologies ended from time to time in accordance with Section 6.16.
““Open-ended Cash” form bucks and cash Counterparts that are not controlled by or susceptible to any Lien and other preferential plan in support of people collector.
“Legitimacy Be sure” ensures that certain make certain arrangement by which the new Legitimacy Guarantor believes, on the density off particular enumerated occurrences, so you’re able to surely, for any reason and irrevocably make sure the complete and you can quick fee when due, whether or not during the stated readiness, because of the required prepayment, ounts due by Team hereunder.
“Verification Broker” means Xxxxx Fargo Lender, Letter.A beneficial., with its skill while the vendor off features beneath the Verification Broker Agreement, or one replacement thereto otherwise assignee thereof to your the total amount allowed by the Verification Agent Arrangement.
“Verification Broker Arrangement” mean the brand new Confirmation Agent Agreement, dated at the time of this new , by the and you will ranging from Team, Verification Representative and you may Management Representative, as it concluded, formulated or otherwise altered periodically.
Section 7
“Confirmation Experiences” form in accordance with the regards to the fresh Verification Representative Arrangement, Providers enjoys brought, or caused are delivered to the Confirmation Representative, this new Lease File pertaining to for each and every Lease that is, with the eg Borrowing Time, being moved and taken to Business pursuant towards House Business Arrangement, and the Management Agent has already established a verification Certificate about Verification Broker.
Part 5
“A week Payment Count” function, for Book the brand new “Complete from Costs” (not including conversion process and employ taxation) on the Book Agreement divided because of the 52.
1.1 Accounting Terms. Except as otherwise expressly considering herein, all accounting terms not otherwise defined herein shall have the meanings assigned to them in conformity with GAAP. 1(a) and 1(b) shall be prepared in accordance with GAAP as in effect at the time of such preparation (and delivered together with the reconciliation statements provided for in 1(e), if applicable). If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Credit Document, and either Company, the Requisite Lenders or the Administrative Agent shall so request, the maxloan.org/payday-loans-ar Administrative Agent, the Lenders and Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP; provided that, until so amended, (a) such ratio or requirement shall continue to be computed in accordance with GAAP and accounting principles and policies in conformity with those used to prepare the Historical Financial Statements and (b) Company shall provide to the Administrative Agent and each Lender financial statements and other documents required under this Agreement or as requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP. If Administrative Agent and Company cannot agree upon the required amendments within thirty (30) days following the date of implementation of any applicable change in GAAP, then all financial statements delivered and all calculations of financial covenants and other standards and terms in accordance with this Agreement and the other Credit Documents shall be prepared, delivered and made without regard to the underlying change in GAAP.