“Transform out of Control” means, at any time, people “person” or “group” regarding associated individuals (therefore terminology are given meaning on the Change Act and you may the guidelines of one’s SEC thereunder) was or will get the particular owner, beneficially otherwise off list, in person or indirectly, of more than 50% of your own monetary and you can voting interests (like the right to choose administrators or comparable agents) about Funding Inventory out of Mother or father the latest revenue, lease, import, conveyance or any other aura, in one otherwise a number of associated purchases, of the many otherwise drastically the property regarding Vendor and their Subsidiaries taken as a whole to any “person” (as a result name is given meaning about Change Act and the principles of SEC thereunder); otherwise (c) new Advanced Provider should cease to beneficially individual and you will control 100% of economic and you may voting demand for the capital Inventory off Business together with Supplier will cease to help you beneficially very own and you can control 100% of your monetary and voting welfare regarding Capital Inventory away from the new Advanced Merchant.
“Charge-Back Set-aside Amount” mode $0, or eg most other matter due to the fact may be provided to regarding big date-to-day from the activities hereto.
The new Relationship each and every Bank could well be equal to no for the brand new Partnership Termination Date
“Charged-From Rent” function a rent and therefore, inside each instance, consistent with the Underwriting Policies, provides otherwise need become composed out-of Organization’s guides given that uncollectable.
“Collateral” mode, together, every actual, personal and you can blended possessions (along with Money Inventory) where Liens are alleged to be provided pursuant towards Collateral Documents as the safeguards to your Personal debt.
Part seven
“Equity Records” means the security Contract, the fresh new Control Preparations, new Vow Agreement, the fresh Debtor Pledge Contract and all sorts of other tools, data files and you will preparations delivered of the, or on behalf of, Company, the Intermediate Vendor or Provider pursuant compared to that Agreement or one of your other Credit Data, as the instance may be, so you’re able to grant so you can, or finest in favor of, Management Broker, to the benefit of Shielded People, good Lien with the one genuine, personal otherwise blended assets of Organization just like the shelter on the Personal debt or even to include otherwise maintain the fresh passion out of Administrative Representative otherwise the Protected Parties therein.
“Range Account” function an account which have membership amount 00000000 at Xxxxx Fargo Financial, Federal Connection from the identity 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 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 An effective 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 payday advance Chula Vista Chula Vista 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.