22 Feb

The amount of per Lender’s Relationship, or no, is set forward towards

The amount of per Lender’s Relationship, or no, is set forward towards

“Change away from Control” means, when, people “person” otherwise “group” regarding related persons (as a result terms and conditions are given definition about Replace Work and the rules of one’s SEC thereunder) are otherwise gets the master, beneficially or out of list, personally otherwise indirectly, of greater than 50% of the monetary and you may voting passion (such as the right to elect administrators otherwise similar representatives) from the Capital Inventory from Moms and dad new product sales, lease, import, conveyance or other vibe, in one single or a series of related deals, of all the otherwise substantially all of the possessions from Supplier and you will the Subsidiaries as a whole to any “person” (as such term is provided definition regarding the Replace Operate and the principles of one’s SEC thereunder); otherwise (c) the newest Intermediate Seller should cease to help you beneficially own and you can control one hundred% of economic and voting need for the capital Stock out-of Company in addition to Merchant will give it up in order to beneficially very own and you can control 100% of the economic and you may voting hobbies in the Financing Inventory from the latest Advanced Provider.

“Charge-Straight back Put aside Number” means $0, otherwise like other number as the are offered to away from time-to-date of the parties hereto.

The Connection of every Financial will be equal to no towards the the newest Partnership Cancellation Go out

“Charged-Regarding Book” form a lease and this, during the each situation, consistent with the Underwriting Guidelines, has actually otherwise need come written off Businesses guides just like the uncollectable.

“Collateral” function, collectively, all the genuine, private and you will combined possessions (in addition to Financial support Stock) in which Liens is alleged to feel supplied pursuant to your Collateral Data files once the shelter for the Debt.

Part seven

“Security Documents” setting the security Arrangement, the Control Arrangements, new Pledge Agreement, the latest Debtor Vow Contract and all of other devices, data files and you can agreements lead because of the, or with respect to, Providers, the fresh new Advanced Vendor or Seller pursuant to that particular Arrangement otherwise any of your own most other Credit Files, because the situation may be, to give in order to, otherwise perfect in support of, Management Agent, toward benefit of Secure Events, a great Lien with the one real, private or blended assets from Business due to the fact cover for the Personal debt or to cover or maintain the latest welfare away from Management Representative otherwise new Safeguarded Events therein.

“Collection Account” form a free account with account amount 00000000 from the Xxxxx Fargo Financial, National Association regarding label regarding Team.

“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 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 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 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.

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