“Changes regarding Handle” function, any time, one “person” otherwise “group” regarding associated individuals (therefore terminology are given definition from the Replace Act and you will the guidelines of your own SEC thereunder) are otherwise gets the property owner, beneficially or out-of record, truly otherwise indirectly, greater than 50% of the economic and you can voting interests (for instance the directly to elect directors otherwise comparable representatives) about Investment Stock from Father or mother the newest business, book, transfer, conveyance or any other spirits, in one otherwise some related deals, of all the or drastically all of the property from Vendor and you can the Subsidiaries as a whole to virtually any “person” (as a result term is given definition throughout the Change Operate and you will the rules of your SEC thereunder); otherwise (c) the fresh Advanced Vendor shall cease to beneficially individual and you can manage one hundred% of your own monetary and voting demand for the main city Inventory of Providers and also the Vendor shall cease so you’re able to beneficially very own and you will control 100% of the economic and voting interests from the Capital Inventory of the Intermediate Vendor.
“Charge-Straight back Put aside Amount” function $0, otherwise particularly almost every other matter since the may be accessible to out of big date-to-go out from the people hereto.
Brand new Partnership of each Financial will be comparable to no into the newest Relationship Cancellation Date
“Charged-Out of Rent” function a lease and this, from inside the for every instance, consistent with the Underwriting Procedures, features or have to have already been written from Organization’s instructions once the uncollectable.
“Collateral” setting, along, the genuine, personal and you will blended possessions (along with Funding Stock) in which Liens are purported to getting supplied pursuant on the Equity Data files as protection on the Obligations.
“Collateral Data” form the protection Contract, the new Manage Preparations, the newest Guarantee Agreement, this new Borrower Hope Contract as well as almost every other instruments, data and agreements produced of the, or on the part of, Providers, the newest Advanced Provider otherwise Seller pursuant to this Agreement otherwise people of your almost every other Borrowing from the bank Documents, as the case could be, to help you offer to help you, otherwise prime in support of, Management Broker, for the advantage of Shielded Parties, a good Lien with the any actual, personal otherwise combined assets regarding Organization since the shelter into the Personal debt or even include otherwise maintain the fresh new hobbies regarding Management Agent otherwise the Secured Functions therein.
“Range Membership” mode a free account that have membership count 00000000 within Xxxxx Fargo Bank, National Connection throughout the label away from 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 payday loans for bad credit Vacaville 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 Part 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 good 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.