The amount of per Lender’s Partnership, if any, is set ahead to your

“Change regarding Control” form, when, one “person” otherwise “group” off relevant individuals (as a result terms and conditions are offered meaning on Change Work and the rules of one’s SEC thereunder) try or becomes the master, beneficially or out of list, actually or indirectly, of greater than fifty% of the financial and you may voting welfare (such as the straight to decide administrators or comparable representatives) regarding Investment Inventory off Mother the deals, rent, import, conveyance or any other disposition, in one single otherwise a series of related purchases, of all the or significantly the property out of Merchant and you will their Subsidiaries as a whole to any “person” (as a result name is offered definition on the Replace Work and you can the principles of the SEC thereunder); or (c) the latest Advanced Seller shall cease to help you beneficially very own and you will handle a hundred% of your monetary and you will voting interest in the main city Inventory of Organization together with Seller shall cease so you’re able to beneficially very own and you can handle 100% of economic and you will voting welfare on the Funding Inventory regarding this new Advanced Vendor.

“Charge-Straight back Put aside Amount” mode $0, or such as other number while the are accessible to from time-to-big date from the activities hereto.

The newest Connection of any Financial will be equivalent to zero into this new Commitment Cancellation Day

“Charged-Out-of Book” form a lease hence, in for each and every case, consistent with the Underwriting Principles, has actually otherwise have to have started authored out of Organizations guides just like the uncollectable.

“Collateral” form, collectively, all the genuine, individual and you can mixed possessions (also Investment Stock) in which Liens is speculated to end up being supplied pursuant to your Collateral Records since the cover into the Personal debt.

Point seven

“Security Data files” form the safety Agreement, brand new Handle Plans, the new Guarantee Contract, new Borrower Promise Agreement as well as almost every other devices, records and preparations lead by the, otherwise on behalf of, Team, brand new Intermediate Provider otherwise Seller pursuant to that Agreement otherwise one of one’s other Credit Data files, because situation can be, so you can grant to help you, otherwise perfect and only, Management Representative, to your advantageous asset of Shielded Activities, an excellent Lien with the people genuine, personal otherwise combined property of Company while the coverage towards Personal debt or to manage or maintain the passions of Management Broker otherwise the fresh Safeguarded People therein.

“Collection Membership” function a merchant account which have account number 00000000 from the Xxxxx Fargo Lender, National Connection regarding the name away from Providers.

“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 Part six.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 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 Section 2.9(b); (iii) the date of the termination of the Commitments http://www.homeloansplus.org/payday-loans-nj/ 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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