The degree of for each and every Lender’s Connection, or no, is set ahead to your

“Transform regarding Control” function, any time, any “person” otherwise “group” out-of associated people (therefore terminology are supplied meaning in the Exchange Act and you will the rules of one’s SEC thereunder) try or will get the owner, beneficially or off list, privately or ultimately, greater than 50% of your own financial and voting interests (for instance the right to decide directors or comparable representatives) on Financial support Stock away from Mother or father the fresh new sales, rent, transfer, conveyance or any other spirits, in one single or a few related transactions, of all or drastically all possessions regarding Vendor and you can its Subsidiaries taken as a whole to any “person” (as a result title is provided meaning about Exchange Work and you will the guidelines of SEC thereunder); or (c) new Advanced Merchant will give it up to help you beneficially very own and you will control a hundred% of the monetary and you will voting need for the capital Stock regarding Providers in addition to Vendor shall cease to beneficially own and you can handle 100% of one’s economic and you will voting appeal regarding Funding Stock from new Intermediate Vendor.

“Charge-Right back Set-aside Matter” means $0, otherwise such as almost every other amount as the could be provided to regarding big date-to-time from the people hereto.

The Relationship each and every Lender might be equivalent to no on the the latest Relationship Cancellation Time

“Charged-Of Book” mode a lease hence, during the for every case, consistent with the Underwriting Principles, have otherwise need started written regarding Organization’s instructions because uncollectable.

“Collateral” function, together, most of the real, personal and combined assets (in addition to Capital Stock) where Liens are purported to end up being provided pursuant to your payday loan Evans online Collateral Documents once the safety towards Personal debt.

Section eight

“Guarantee Records” mode the security Contract, the fresh Control Agreements, this new Promise Arrangement, this new Borrower Pledge Agreement and all most other products, data and you may preparations produced because of the, or with respect to, Providers, the latest Intermediate Provider otherwise Supplier pursuant compared to that Contract otherwise any of your other Borrowing from the bank Documents, because circumstances is, so you can give in order to, otherwise finest in favor of, Administrative Broker, into the advantageous asset of Protected People, a beneficial Lien to the any real, personal or combined assets out-of Team because cover to the Loans or even cover otherwise keep the fresh appeal regarding Administrative Representative otherwise the latest Safeguarded Activities therein.

“Collection Account” mode a merchant account that have account number 00000000 at Xxxxx Fargo Lender, Federal Organization about term off 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 6.six, 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 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 Part dos.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.


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