Economic statements and other suggestions expected to end up being introduced from the Organization to help you Lenders pursuant so you can

“Tax” function any expose otherwise coming income tax, levy, impost, responsibility, testing, costs, fee, deduction or withholding of any characteristics and you can any named, by whomsoever, toward whomsoever and you will irrespective of where enforced, levied, compiled, withheld or examined, in addition to people attract, enhancements so you’re able to taxation otherwise punishment applicable thereto.

“Termination Date” means the date on which all payday loans in Titusville PA 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.

“Deal Can cost you” function new costs, will set you back and costs payable by Provider otherwise Team for the or contained in this ninety (90) weeks following Closing Time concerning this new transactions considered because of the Borrowing Data files.

“Full Payback Numerous” means, for your Lease, the sum of the all planned money regarding for example Book (websites of booked repayments from conversion and rehearse taxation with respect so you’re able to a rental), conveyed once the a percentage of the totally new Purchase Really worth.

“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 6.16.

““Unrestricted Cash” setting bucks and cash Competitors which are not controlled by or susceptible to people Lien and other preferential arrangement in favor of any collector.

“Legitimacy Make certain” means that certain guarantee arrangement where the brand new Legitimacy Guarantor agrees, upon the newest occurrence out of certain specified situations, to positively, unconditionally and you may irrevocably guarantee the full and quick percentage when owed, whether or not from the said readiness, from the called for prepayment, ounts due of the Providers hereunder.

“Verification Representative” setting Xxxxx Fargo Financial, N.A good., in capabilities while the seller away from services underneath the Verification Agent Agreement, or one successor thereto or assignee thereof to your the total amount allowed because of the Confirmation Agent Contract.

“Confirmation Agent Contract” mean the latest Verification Broker Agreement, old by the , because of the and between Providers, Confirmation Agent and you may Management Broker, because it finished, supplemented otherwise modified sometimes.

Part 7

“Confirmation Feel” mode according to the terms of the newest Confirmation Representative Arrangement, Company keeps delivered, otherwise brought about becoming taken to the brand new Confirmation Agent, this new Lease Document about per Rent that’s, with the such as Borrowing from the bank Go out, becoming transferred and you may brought to Organization pursuant into Resource Sale Contract, while the Administrative Representative has received a verification Certification regarding Verification Agent.

Part 5

“Weekly Commission Amount” mode, when it comes to Rent the newest “Overall of Repayments” (not including conversion process and rehearse income tax) on the Book Arrangement split up from the 52.

1.1 Accounting Terms. Except as otherwise expressly offered 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.