“Changes regarding Manage” form, any time, any “person” or “group” out-of associated individuals (as such terms and conditions are provided meaning regarding Replace Act and you may the rules of your SEC thereunder) is or gets the proprietor, beneficially or regarding record, myself or ultimately, of more than fifty% of your own monetary and you may voting hobbies (like the straight to decide directors otherwise equivalent agencies) throughout the Financing Inventory off Mother or father brand new income, rent, transfer, conveyance or other temper, in a single otherwise a few associated transactions, of all of the otherwise drastically every possessions out-of Provider and you can their Subsidiaries taken as a whole to virtually any “person” (therefore identity is provided meaning regarding the Replace Work and you will https://paydayloansgeorgia.net/cities/atlanta/ the rules of SEC thereunder); or (c) the fresh new Intermediate Merchant will quit so you can beneficially own and handle a hundred% of financial and you may voting interest in the administrative centre Stock regarding Providers as well as the Seller will give it up in order to beneficially individual and you will handle 100% of your own monetary and voting passions from the Funding Stock from the fresh Advanced Merchant.
“Charge-Straight back Reserve Amount” form $0, otherwise like other count since can be accessible to regarding date-to-go out from the parties hereto.
The fresh new Union of each and every Lender could be equivalent to no to your this new Commitment Cancellation Day
“Charged-Regarding Book” setting a lease hence, in per instance, similar to the Underwriting Guidelines, keeps otherwise have to have started authored out-of Organizations guides given that uncollectable.
“Collateral” means, along, every real, individual and you can mixed possessions (along with Funding Stock) where Liens are alleged to end up being offered pursuant on Guarantee Records just like the defense to the Debt.
Part eight
“Equity Data files” setting the protection Agreement, the latest Control Preparations, the brand new Guarantee Arrangement, brand new Debtor Promise Contract and all of almost every other tool, data and you can preparations brought by, otherwise for, Company, the fresh Intermediate Vendor or Provider pursuant to this Agreement or any of one’s other Borrowing from the bank Files, because circumstances may be, to help you give so you’re able to, or perfect in support of, Management Agent, with the advantageous asset of Secured Events, a good Lien toward one genuine, individual otherwise mixed property of Team as defense toward Personal debt or even to include or maintain the new appeal out of Administrative Broker or new Secure Activities therein.
“Range Membership” means a free account that have membership matter 00000000 in the Xxxxx Fargo Financial, Federal Connection regarding the term from Organization.
“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 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 A 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 2.9(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.