“Transform of Control” mode, any moment, people “person” or “group” of relevant people (as a result terminology are provided meaning about Change Act and you can the guidelines of SEC thereunder) was otherwise will get the particular owner, beneficially otherwise out-of checklist, yourself or ultimately, in excess of 50% of monetary and you can voting appeal (like the directly to decide administrators or comparable agencies) about Investment Stock regarding Parent this new sales, book, transfer, conveyance or any other state of mind, in one single otherwise a few relevant transactions, of all or dramatically all the assets out-of Vendor and its Subsidiaries taken as a whole to any “person” (as a result label is offered meaning regarding Change Work and the rules of the SEC thereunder); or (c) the latest Intermediate Seller should cease so you can beneficially very own and you can manage step 100% of your own economic and you can voting need for the capital Inventory away from Providers as well as the Seller will give it up to help you beneficially own and you will manage 100% of your financial and voting passions about Funding Inventory off the latest Advanced Supplier.
“Charge-Straight back Set aside Count” form $0, otherwise such as for instance almost every other amount just like the may be wanted to off big date-to-date of the people hereto.
The fresh Partnership of each Financial would-be comparable to no on the brand new Connection www.paydayloanpennsylvania.org/cities/sharon/ Termination Day
“Charged-Of Book” setting a lease and that, inside the for each circumstances, consistent with the Underwriting Guidelines, possess or need to have become created out of Business’s books just like the uncollectable.
“Collateral” function, together, most of the actual, personal and you can mixed possessions (plus Resource Stock) where Liens are speculated to getting provided pursuant to the Equity Documents due to the fact coverage towards the Debt.
Section 7
“Equity Files” mode the safety Agreement, the fresh new Control Preparations, the latest Guarantee Agreement, new Borrower Hope Agreement and all of other devices, files and you can arrangements brought from the, otherwise on the behalf of, Organization, the brand new Advanced Provider or Seller pursuant to this Contract otherwise one of most other Borrowing Data, since the circumstances is, so you can grant to help you, otherwise best in support of, Management Broker, to your benefit of Protected Parties, a Lien toward people real, individual otherwise mixed property regarding Organization while the shelter towards the Loans or perhaps to cover otherwise maintain the brand new passion from Management Broker or the fresh Secure Activities therein.
“Range Membership” mode a free account having account matter 00000000 from the Xxxxx Fargo Lender, Federal Relationship throughout the label out of Business.
“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.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 A great 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 Point 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.