“Change out-of Handle” form, anytime, one “person” otherwise “group” regarding related people (therefore terms and conditions are given meaning regarding the Exchange Operate and you can the principles of SEC thereunder) try otherwise becomes the property owner, beneficially or off number, physically otherwise ultimately, in excess of 50% of your monetary and you can voting welfare (such as the to choose directors or similar agents) from the Investment Inventory of Father or mother brand new business, rent, import, conveyance or any other disposition, in a single or some related purchases, of all the otherwise substantially all the assets from Provider and the Subsidiaries taken as a whole to almost any “person” (as such name is provided meaning throughout the Change Work and you can the guidelines of one’s SEC thereunder); or (c) brand new Advanced Seller will give it up to help you beneficially own and you may handle step 100% of financial and you will voting need for the capital Stock out of Company while the Vendor will give it up so you can beneficially very own and you can handle 100% of monetary and you can voting welfare from the Financial support Stock out-of the latest Intermediate Provider.
“Charge-Back Set aside Number” mode $0, or like almost every other number just like the could be wanted to of go out-to-go out of the functions hereto.
The newest Union of any Financial will be equivalent to no with the brand new Connection Cancellation Time
“Charged-Out-of Book” function a lease which, in for every case, consistent with the Underwriting Procedures, provides otherwise need started created of Businesses guides as uncollectable.
“Collateral” mode, collectively, all of the genuine, personal and mixed property (in addition to Capital Inventory) where Liens was alleged to be provided pursuant towards the Equity Data since the coverage to your Obligations.
Part 7
“Guarantee Records” setting the safety Contract, brand new Manage Agreements, this new Hope Agreement, this new Borrower Promise Agreement as well as most other products, documents and you will agreements introduced by, or with respect to, Business, the latest Advanced Supplier otherwise Supplier pursuant compared to that Arrangement otherwise people of your almost every other Borrowing Documents, as instance may be, to offer so you’re able to, otherwise finest and only, Administrative Representative, toward benefit of Safeguarded Parties, good Lien to your one actual, personal otherwise blended property out of Providers since safeguards for the Financial obligation or even cover or manage the fresh passion out of Administrative Broker otherwise the newest Shielded Events therein.
“Range Account” function an account that have membership number 00000000 on Xxxxx Fargo Lender, National Organization in the title 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 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 Area 6.6, 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, online payday loans new Sunnyvale 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 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.