“Alter from Manage” mode, anytime, people “person” otherwise “group” out-of relevant persons (therefore terminology are given definition throughout the Replace Act and you will the guidelines of SEC thereunder) was otherwise gets the proprietor, beneficially otherwise away from list, yourself otherwise indirectly, of more than 50% of your financial and voting hobbies (like the straight to choose directors otherwise comparable representatives) from the Investment Inventory out of Parent this new product sales, lease, import, conveyance or any other temper, in one or a number of associated purchases, of all otherwise substantially all of the property out of Vendor and you may their Subsidiaries as a whole to your “person” (therefore identity is provided with meaning about Change Operate and you may the guidelines of SEC thereunder); or (c) brand new Intermediate Seller should cease so you can beneficially individual and control 100% of monetary and voting demand for the capital Inventory of Business plus the Vendor will give it up so you can beneficially own and you may control 100% of the economic and you will voting passions regarding the Investment Inventory away from the Advanced Provider.
“Charge-Right back Put aside Amount” form $0, otherwise for example other amount as are wanted to off date-to-go out from the activities hereto.
Brand new Union of any Bank might be equivalent to no towards the latest Connection Cancellation Go out
“Charged-Of Rent” form a rental and therefore, from inside the each circumstances, consistent with the Underwriting Principles, has actually or need become written off Organization’s instructions since the uncollectable.
“Collateral” means, along, all actual, private and you can mixed assets (along with Financial support Stock) where Liens is actually alleged to be provided pursuant into the Collateral Data as the shelter with the Loans.
Area eight
“Guarantee Documents” means the security Agreement, new Handle Agreements, the new Promise Arrangement, brand new Debtor Pledge Agreement and all sorts of almost every other tools, records and agreements produced of the, or on behalf of, Organization, the fresh Intermediate Merchant otherwise Seller www.paydayloanscolorado.org/cities/longmont/ pursuant to that particular Agreement otherwise one of your own other Borrowing from the bank Files, because the situation may be, to grant to help you, or best in favor of, Administrative Broker, with the advantageous asset of Secured Events, an effective Lien towards the any genuine, personal otherwise blended property away from Company given that shelter on Loans or perhaps to include or manage the latest passion from Management Agent otherwise this new Secured Activities therein.
“Collection Membership” means a merchant account which have account matter 00000000 in the Xxxxx Fargo Bank, Federal Connection on label regarding 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 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, 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 Part 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.