“Tax” function any establish otherwise future taxation, levy, impost, obligations, testing, fees, percentage, deduction otherwise withholding of every characteristics and you will any entitled, of the whomsoever, for the whomsoever and you will wherever imposed, levied, amassed, withheld or reviewed, also people attract, improvements in order to taxation otherwise charges 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 Part 2.9(c), or (y) the Commitments have been terminated pursuant to step one.
“Transaction Will set you back” function the brand new costs, will set you back and you can costs payable from the Seller otherwise Providers on otherwise in this 90 (90) days pursuing the Closing Go out concerning the new deals considered from the Credit Records.
“Full Payback Numerous” setting, for your Rent, the sum of the all arranged repayments when it comes to eg Rent (online from planned repayments from sales and rehearse tax relating to help you a lease), conveyed once the a portion of one’s brand-new Purchase Worthy of.
“Underwriting Policies” means the Underwriting Dossier in the form attached hereto as Schedule cuatro, as such policies, procedures, guidelines and methodologies ended from time to time in accordance with Section six.sixteen.
““Unrestricted Cash” setting dollars and money Counterparts that are not controlled by otherwise at the mercy of any Lien and other preferential arrangement in support of one creditor.
“Authenticity Verify” means specific make certain contract in which the newest Validity Guarantor agrees, abreast of brand new occurrence off certain enumerated incidents, so you can positively, unconditionally and you may irrevocably make sure the full and quick commission when due, whether at said readiness, by necessary prepayment, ounts owed by the Business hereunder.
“Verification Representative” form Xxxxx Fargo Financial, N.An effective., with its strength while the merchant out of properties beneath the Confirmation Agent Contract, otherwise any successor thereto otherwise assignee thereof on the amount let from the Verification Broker Agreement.
“Verification Representative Agreement” suggest the latest Confirmation Broker Contract, old as of brand new , because of the and you may anywhere between Company, Verification Representative and you will Management Agent, as it finished, supplemented or else modified sporadically.
Part 7
“Verification Event” function in accordance with the regards to this new Confirmation Representative Contract, Business have brought, otherwise triggered becoming delivered to the latest Verification Representative, the fresh Book File related to each Lease which is, towards the including Credit Date, becoming transmitted and you can brought to Providers pursuant on House Revenue Contract, and the Management Representative has had a verification Certificate on Verification Representative.
Part 5
“Per week Percentage Matter” function, for your Lease the brand new “Complete from Payments” (excluding conversion process and employ income tax) on the Book Contract split up from the 52.
1.1 Accounting Terms. Except as otherwise expressly considering herein, all accounting terms not otherwise defined www.maxloan.org/payday-loans-fl 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.