“Tax” setting one introduce otherwise future income tax, levy, impost, responsibility, evaluation, charges, fee, deduction otherwise withholding of any characteristics and you may almost any entitled, of the whomsoever, with the whomsoever and you will no matter where implemented, levied, obtained, withheld or analyzed, and additionally one desire, enhancements so you can income tax otherwise charges appropriate 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 1.
“Transaction Costs” form the new charge, can cost you and expenditures payable by the Vendor otherwise Providers with the otherwise contained in this ninety (90) months after the Closure Date to the brand new transactions contemplated from the Borrowing Files.
“Full Payback Multiple” form, for Rent, the sum of the the planned costs when it comes to like Lease (web from arranged repayments off transformation and employ taxation with respect so you can a rental), indicated since a portion of one’s new Acquisition 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” mode cash and money Counterparts which are not subject to or at the mercy of any Lien or any other preferential arrangement in favor of any collector.
“Validity Verify” implies that certain be certain that contract by which the Authenticity Guarantor agrees, abreast of the new thickness off certain enumerated incidents, so you’re able to positively, for any reason and you may irrevocably make sure the full and you will quick fee when owed, whether or not within mentioned maturity, of the called for prepayment, ounts due by Organization hereunder.
“Confirmation Broker” function Xxxxx Fargo Bank, N.A great., within its strength since provider off functions under the Verification Representative Arrangement, or one successor thereto otherwise assignee thereof into the the quantity allowed by Confirmation Broker Contract.
“Confirmation Agent Agreement” indicate the new Confirmation Broker Arrangement, dated by the new , because of the and you will between Business, Confirmation Representative and you will Administrative Agent, because it ended, formulated if not modified sometimes.
“Verification Enjoy” form in accordance with the terms of the fresh new Verification Representative Arrangement, Business enjoys introduced, or brought about become taken to the newest Confirmation Broker, brand new Rent Document pertaining to for every Book which is, into the including Credit Go out, are directed and taken to Business pursuant with the Investment Sales Contract, together with Management Broker has already established a verification Certification on the Confirmation Representative.
“Weekly Fee Count” function, the Rent new “Full of Money” (excluding conversion and rehearse tax) on the Rent Contract divided by 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 payday loan centers in Alamo 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.