“Transform of Handle” function, any time, people “person” otherwise “group” out-of relevant persons (as a result terms and conditions are offered meaning throughout the Change Work and you may the rules of one’s SEC thereunder) was otherwise gets the owner, beneficially or regarding checklist, physically otherwise indirectly, of more than 50% of your economic and you will voting hobbies (like the directly to choose directors or similar representatives) about Financing Stock out-of Moms and dad this new purchases, lease, transfer, conveyance or other mood, in one single otherwise some relevant purchases, of all the or drastically every assets from Vendor and their Subsidiaries as a whole to your “person” (as a result identity is provided with meaning from the Exchange Operate and you can the principles of the SEC thereunder); otherwise (c) brand new Intermediate Vendor should quit to help you beneficially very own and you may control a hundred% of the economic and you will voting demand for the main city Inventory of Team and also the Merchant will cease so you can beneficially own and control 100% of your own monetary and you will voting interests from the Funding Inventory away from the brand new Advanced Supplier.
“Charge-Right back Set-aside Matter” form $0, otherwise like almost every other amount while the is generally offered to away from time-to-day from the functions hereto.
The new Partnership of every Bank could well be comparable to zero into the fresh Partnership Cancellation Day
“Charged-Of Book” mode a lease and that, when you look at the for each circumstances, consistent with the Underwriting Policies, keeps otherwise need become composed out of Business’s books due to the fact uncollectable.
“Collateral” form, along, the genuine, private and you can combined assets (together with Resource Inventory) where Liens is actually speculated to become provided pursuant towards Security Files while the safeguards to your Financial obligation.
Area seven
“Guarantee Documents” means the security Arrangement, the Manage Agreements, the Pledge Arrangement, the brand new Debtor Hope Agreement and all almost every other devices, files and you will plans produced from the, otherwise on the behalf of, Company, the latest Intermediate Vendor otherwise Seller pursuant to that particular Agreement otherwise one of the most other Borrowing from the bank Files, once the circumstances is generally, to grant so you’re able to, or primary in favor of, Administrative Agent, on advantageous asset of Safeguarded Activities, an effective Lien for the people real, individual or mixed property off Providers since protection to the Financial obligation or to protect or maintain the fresh interests off Management Agent or new Shielded Events therein.
“Collection these details Membership” mode a free account with account number 00000000 within Xxxxx Fargo Financial, National Relationship from the title off Company.
“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 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 6.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 A beneficial 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.
