“Alter regarding Handle” function, any time, one “person” or “group” of related individuals (as such words are offered meaning on Change Work and you may the principles of one’s SEC thereunder) try or becomes the dog owner, beneficially or regarding list, directly otherwise ultimately, of more than fifty% of economic and you can voting interests (such as the to choose directors otherwise comparable agents) regarding Investment Inventory from Moms and dad this new sale, book, transfer, conveyance or other spirits, in one otherwise a number of associated transactions, of all the or significantly most of the property off Vendor and you will their Subsidiaries as a whole to your “person” (therefore name is offered definition regarding the Replace Work and the principles of the SEC thereunder); otherwise (c) the newest Advanced Supplier shall quit so you can beneficially very own and you can manage one hundred% of the economic and you can voting demand for the administrative centre Inventory regarding Providers as well as the Seller should cease so you can beneficially own and control 100% of the financial and you can voting welfare from the Resource Inventory of the Intermediate Provider.
“Charge-Straight back Set aside Count” mode $0, or particularly almost every other count due to the fact can be agreed to out-of time-to-go out by the functions hereto.
The newest Commitment of each and every Financial will be equivalent to no with the the new Commitment Termination Go out
“Charged-Regarding Book” form a rental and that, for the for each and every circumstances, consistent with the Underwriting Regulations, features or need already been written away from Company’s books because uncollectable.
“Collateral” mode, together, all the actual, individual and you may blended possessions (as well as Financial support Stock) in which Liens try speculated to end up being offered pursuant into Security Records just like the protection to the Personal debt.
Area eight
“Guarantee Records” form the protection Agreement, this new Control Agreements, the latest Vow Agreement, new Borrower Promise Contract and all of almost every other tool, records and plans put from the, otherwise on behalf of, Organization, the new Intermediate Seller or Provider pursuant to that Arrangement or people of your own almost every other Borrowing from the bank Files, since the circumstances could be, so you’re able to grant so you can, or perfect in favor of, Administrative Representative, on the advantageous asset of Safeguarded Functions, good Lien toward one genuine, private or blended property away from Company as security for the Obligations or to cover otherwise manage the fresh welfare regarding Administrative Broker or the Shielded People therein.
“Range Account” mode an account which have account amount 00000000 on Xxxxx Fargo Bank, Federal Relationship in the label off Team.
“Collections” means, with respect to each Pledged Lease, any and all cash collections and other cash proceeds of such Pledged Lease (whether in the form of cash, checks, wire transfers, electronic transfers or any other form http://maxloan.org/payday-loans-il/ of cash payment), including, without limitation, all prepayments, all overdue payments, all prepayment penalties and early termination penalties, all amounts collected as fees, or charges for late payments with respect to such Pledged Lease, all recoveries with respect to each Charged-Off Lease, all investment proceeds and other investment earnings (net of losses and investment expenses) on Collections as a result of the investment thereof pursuant to Point six.six, all proceeds of any sale, transfer or other disposition of any Pledged Lease by Company and all deposits, payments or recoveries made in respect of any Pledged Lease to any Controlled Account, or received by Company in respect of a Pledged Lease, and all payments representing a disposition of any Pledged Lease.
“Commitment” means the commitment of a Lender to make or otherwise fund any Loan and “Commitments” means such commitments of the Lenders in the aggregate. Appendix An effective or in the applicable Assignment Agreement, subject to any adjustment or reduction pursuant to the terms and conditions hereof.
“Commitment Termination Date” means the earliest to occur of (i) , as such date may be extended in the sole discretion of the Administrative Agent and the Lenders; (ii) the date the Commitments are permanently reduced to zero pursuant to Area dos.9(b); (iii) the date of the termination of the Commitments pursuant to 1 and (iv) errors, exceptions or discrepancies exist with respect the reconciliation of the applicable delivered documents to the Lease File with respect to any Proof of Purchase Verification Event or Verification Event and such errors, exceptions or discrepancies have not been remedied, for ten (10) Business Days following written notice thereof by the Required Lenders to the Company.