“Change from Manage” means, any moment, people “person” otherwise “group” out of relevant persons (therefore terminology are supplied meaning on Replace Act and you may the guidelines of one’s SEC thereunder) try otherwise gets the particular owner, beneficially otherwise from listing, myself or ultimately, in excess of 50% of your monetary and voting passion (including the to elect directors or equivalent representatives) from the Funding Inventory off Father or mother the brand new sale, rent, transfer, conveyance or other spirits, in one single or several related transactions, of all otherwise considerably every assets regarding Seller and you may their Subsidiaries taken have a peek at the hyperlink as a whole to almost any “person” (as a result term is offered meaning in the Change Act and the principles of SEC thereunder); otherwise (c) the Intermediate Vendor will quit to beneficially own and handle one hundred% of one’s economic and you may voting interest in the administrative centre Inventory off Organization additionally the Vendor shall cease to beneficially own and control 100% of one’s economic and you can voting interests on the Money Stock out-of this new Advanced Provider.
“Charge-Back Put aside Count” mode $0, otherwise such as for instance most other number just like the are provided to regarding time-to-go out because of the parties hereto.
New Partnership each and every Financial was comparable to zero towards the the new Union Termination Time
“Charged-Regarding Rent” form a rent and therefore, in the each case, similar to the Underwriting Rules, have or have to have become authored off Organizations instructions because uncollectable.
“Collateral” setting, with each other, the actual, personal and you may combined property (also Money Stock) where Liens was alleged to end up being provided pursuant into Equity Documents as the safeguards towards Personal debt.
Area eight
“Collateral Data files” form the protection Contract, the brand new Manage Plans, the fresh Promise Agreement, the fresh new Debtor Guarantee Agreement and all of other instruments, data files and you may agreements produced by the, otherwise on the behalf of, Business, new Intermediate Supplier otherwise Vendor pursuant to that particular Contract otherwise one of your most other Credit Files, since the circumstances are, to help you grant to, or prime in support of, Administrative Agent, on the benefit of Safeguarded Functions, an effective Lien with the any genuine, private otherwise blended possessions off Team once the safeguards into the Obligations or even cover or manage the passions off Administrative Agent or the fresh new Covered People therein.
“Collection Account” function a merchant account with account count 00000000 at the Xxxxx Fargo Lender, Federal Organization on identity regarding 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 Section six.6, 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 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 Part 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.