“Tax” means any introduce or coming tax, levy, impost, obligation, review, costs, payment, deduction otherwise withholding of every character and any type of called, by the whomsoever, with the whomsoever and you may wherever implemented, levied, gathered, withheld or examined, also any desire, improvements so you can taxation or punishment applicable thereto.
“Termination Date” means the date on which all of the following have occurred: (i) all Loans have been repaid in full in cash, (ii) all other Obligations (other than contingent indemnification obligations for which demand has not been made) under this Agreement and the other Credit Documents have been paid in full in cash or otherwise completely discharged, and (iii)(x) the Commitments have been permanently reduced to zero pursuant to Area dos.9(c), or (y) the Commitments have been terminated pursuant to step one.
“Purchase Costs” mode this new charges, can cost you and you can expenses payable from the Vendor otherwise Company for the or in this 90 (90) days after the Closure Go out about the this new purchases considered by Borrowing from the bank Records.
“Complete Pay Numerous” setting, for the Lease, the sum all booked money with respect to such as for instance Rent (net off scheduled costs out-of transformation and employ taxation relating in order to a rent), shown as the a share of one’s original Purchase Really worth.
“Underwriting Policies” means the Underwriting Dossier in the form attached hereto as Plan 4, as such policies, procedures, guidelines and methodologies ended from time to time in accordance with Area 6.sixteen.
““Open-ended Cash” setting cash and money Equivalents that aren’t controlled by otherwise susceptible to people Lien or any other preferential plan in support of any collector.
“Authenticity Make certain” ensures that specific verify agreement whereby brand new Authenticity Guarantor agrees, through to the fresh occurrence out of specific specified events, in order to surely, for any reason and you will irrevocably make sure the full and you may prompt percentage whenever owed, whether or not at mentioned maturity, by requisite prepayment, ounts due by the Company hereunder.
“Verification Broker” function Xxxxx Fargo Bank, Letter.A great., within its capability because the vendor regarding characteristics under the Confirmation Broker Agreement, otherwise one replacement thereto or assignee thereof toward the quantity permitted by the Verification Broker Contract.
“Confirmation Representative Contract” indicate the latest Verification Broker Contract, old as of the , WI payday loans by and you will between Organization, Confirmation Representative and you can Management Broker, as it finished, supplemented or else changed periodically.
Point seven
“Confirmation Skills” mode according to the regards to the fresh Verification Broker Arrangement, Company features delivered, or brought about to be taken to this new Confirmation Representative, brand new Rent File connected with for each Lease which is, toward such as for instance Borrowing Time, becoming directed and you will delivered to Providers pursuant to the Asset Profit Agreement, together with Administrative Broker has already established a verification Certification regarding the Confirmation Agent.
Point 5
“Per week Fee Count” function, when it comes to Book the fresh new “Total from Repayments” (excluding conversion process and employ taxation) on the Book Arrangement separated by 52.
1.1 Accounting Terms. Except as otherwise expressly considering herein, all accounting terms not otherwise defined herein shall have the meanings assigned to them in conformity with GAAP. 1(a) and 1(b) shall be prepared in accordance with GAAP as in effect at the time of such preparation (and delivered together with the reconciliation statements provided for in 1(e), if applicable). If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Credit Document, and either Company, the Requisite Lenders or the Administrative Agent shall so request, the Administrative Agent, the Lenders and Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP; provided that, until so amended, (a) such ratio or requirement shall continue to be computed in accordance with GAAP and accounting principles and policies in conformity with those used to prepare the Historical Financial Statements and (b) Company shall provide to the Administrative Agent and each Lender financial statements and other documents required under this Agreement or as requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP. If Administrative Agent and Company cannot agree upon the required amendments within thirty (30) days following the date of implementation of any applicable change in GAAP, then all financial statements delivered and all calculations of financial covenants and other standards and terms in accordance with this Agreement and the other Credit Documents shall be prepared, delivered and made without regard to the underlying change in GAAP.