Financial statements and other pointers necessary to feel introduced because of the Organization to Lenders pursuant so you’re able to

“Tax” setting people establish or upcoming tax, levy, impost, duty, research, costs, fee, deduction otherwise withholding of every nature and you will any sort of entitled, because of the whomsoever, on the whomsoever and regardless of where imposed, levied, gathered, withheld or assessed, along with one desire, improvements so you’re able to taxation or penalties 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 2.9(c), or (y) the Commitments have been terminated pursuant to step 1.

“Purchase Can cost you” function this new charges, can cost you and you can costs payable by Provider otherwise Providers on the otherwise in this 90 (90) weeks after the Closing Date concerning the new deals considered by the Borrowing from the bank Data.

“Full Pay Several” form, when it comes to Lease, the sum of the all the scheduled costs when it comes to like Book (net off scheduled money of transformation and employ taxation relating in order to a rent), shown because a share of your own amazing Buy Value.

“Underwriting Policies” means the Underwriting Dossier in the form attached hereto as Schedule 4, as such policies, procedures, guidelines and methodologies ended from time to time in accordance with Section 6.16.

““Open-ended Dollars” means dollars and cash Alternatives that are not controlled by otherwise at the mercy of one Lien and other preferential plan and only any collector.

“Validity Make certain” means specific be certain that arrangement wherein the fresh new Validity Guarantor believes, abreast of the latest thickness off certain specified events, to positively, unconditionally and you may irrevocably guarantee the complete and fast fee whenever owed, whether on mentioned maturity, by the requisite prepayment, ounts due because of the Business hereunder.

“Verification Representative” form Xxxxx Fargo Lender, N.A., with its ability because supplier from properties beneath the Confirmation Representative Contract, or people replacement thereto otherwise assignee thereof on extent allowed by Confirmation Agent Contract.

“Confirmation Representative Arrangement” imply new Confirmation Representative Contract, old as of the fresh , because of the and you will ranging from Providers, Verification Broker and you may Administrative Broker, because it concluded, supplemented if not modified occasionally.

Part seven

“Verification Knowledge” means in accordance with the terms of the latest Confirmation Representative Contract, Company enjoys delivered, otherwise brought about is taken to the new Confirmation Agent, the Book Document linked to for each Rent that is, into for example Credit Big date, getting transported and you can brought to Team pursuant into the Resource Selling Agreement, together with Management Agent has had check advance near me Hawaii a confirmation Certificate about Confirmation Representative.

Point 5

“A week Percentage Number” means, your Lease the fresh “Complete regarding Costs” (excluding sales and rehearse tax) listed on the Lease Contract divided of the 52.

1.1 Accounting Terms. Except as otherwise expressly given 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.