Collateral; Valuation Thereof Sample Clauses

Collateral; Valuation Thereof. All collateral securing the obligations of an Obligor under a Collateralized Equity Contract ("Collateral") pledged to the Equity Contract Agent shall be held by the Equity Contract Agent separately from its general funds in accordance with the applicable provisions of the Uniform Commercial Code of the State of Indiana (or any successor or similar statute at the time in effect). Collateral under a Collateralized Equity Contract must consist of one or more of the following items having an aggregate value, determined as set forth below, at least equal to the aggregate purchase obligation for Shares covered by such Collateralized Equity Contract: (i) cash in lawful money of the United States of America paid to the Equity Contract Agent by bank wire transfer in immediately available funds or certificates of deposit; (ii) standby letters of credit issued by an insured bank that is not an affiliate of the Corporation; or (iii) debt obligations issued or guaranteed by the United States of America or an agency thereof, for the payment of which the full faith and credit of the United States of America is pledged, maturing on or before the Purchase Date, and, if in book entry form, registered in the name of the Equity Contract Agent, as custodian for the Obligor and as pledgee under the related collateral agreement ("Eligible Government Obligations"), which shall be valued at the unpaid principal amount thereof. Any designation by the Corporation of obligations as acceptable Collateral may also specify persons or classes of persons eligible to pledge such Collateral. All Collateral (including any Collateral substituted for other Collateral) delivered to the Equity Contract Agent shall be endorsed in blank or accompanied by appropriate instruments of transfer, satisfactory to the Corporation and the Equity Contract Agent, signed in blank with signatures guaranteed, unless such Collateral consists of obligations in bearer form not registered as to principal or interest. Any Obligor or transferee who shall pledge any Collateral to the Equity Contract Agent as provided herein shall execute and deliver such instruments and, if requested by the Corporation, take all such other action as may be necessary to cause all payments of principal of and interest on the Collateral to be paid to the Equity Contract Agent. Collateral held hereunder may be registered in the name of the Equity Contract Agent, the Corporation or the nominee of either. Unless otherwise expressly provide...
Sample 1Sample 2
AutoNDA by SimpleDocs

Related to Collateral; Valuation Thereof

  • Collateral Value 12 Commission..............................................................................................12 Company ...............................................................................................12

  • APPLIED TO THE DEBT REGARDLESS OF ANY APPRAISED VALUE OF THE COLLATERAL The undersigned specifically acknowledges and affirms its waiver of appraisal rights as evidenced by its signature below.

  • Appraised Value If an Objecting Party objects in writing to the Initial Valuation within ten (10) days after its receipt of the Valuation Notice, the Objecting Party, within fourteen (14) days from the date of such written objection, shall engage an Independent Appraiser (the “First Appraiser”) to determine within thirty (30) days of such engagement the Fair Market Value of the Partnership Interests (the “First Appraised Value”). The cost of the First Appraiser shall be borne by the Objecting Party. If the First Appraised Value is at least eighty percent (80%) of the Initial Value and less than or equal to one hundred twenty percent (120%) of the Initial Value, then the Purchase Price shall be the average of the Initial Value and the First Appraised Value. If the First Appraised Value is less than eighty percent (80%) of the Initial Value or more than one hundred twenty percent (120%) of the Initial Value, then the Partnership and the Objecting Party shall, within fourteen (14) days from the date of the First Appraised Value, mutually agree on and engage a second Independent Appraiser (the “Final Appraiser”). The cost of the Final Appraiser shall be borne equally by the Partnership and the Objecting Party. The Final Appraiser shall determine within thirty (30) days after its engagement the Fair Market Value of the Partnership Interests, but if such determination is less than the lesser of the Initial Value and the First Appraised Value then the lesser of the Initial Value and the First Appraised value shall be the value or if such determination is greater than the greater of the Initial Value and the First Appraised Value then the greater of the Initial Value and the First Appraised Value shall be the value (the “Final Valuation”). The Purchase Price shall be equal to the Final Valuation and shall be final and binding upon the parties to this Agreement for purposes of the subject transaction.

  • Securitization Value As of the 2017-3 Cutoff Date, each 2017-3 Lease Agreement had a Securitization Value not less than $5,000.000 and no more than $150,000.00. Documents Lease Documents

  • Collateral Coverage Ratio On the date of such Loan or the issuance of such Letter of Credit hereunder (and after giving pro forma effect thereto), the Collateral Coverage Ratio shall not be less than 1.0 to 1.0.

  • Cross-Collateralized Mortgage Loans Notwithstanding anything herein to the contrary, it is hereby acknowledged that certain groups of Mortgage Loans are, in the case of each such particular group of Mortgage Loans (each, a "Cross-Collateralized Group"), by their terms, cross-defaulted and cross-collateralized, if identified as such on the Mortgage Loan Schedule. For purposes of reference, the Mortgaged Property that relates or corresponds to any of the Mortgage Loans referred to in this Section 17 shall be the property identified in the Mortgage Loan Schedule as corresponding thereto. The provisions of this Agreement, including, without limitation, each of the representations and warranties set forth in Exhibit C hereto and each of the capitalized terms used herein but defined in the Pooling and Servicing Agreement, shall be interpreted in a manner consistent with this Section 17. In addition, if there exists with respect to any Cross-Collateralized Group only one original of any document referred to in the definition of "Mortgage File" in the Pooling and Servicing Agreement and covering all the Mortgage Loans in such Cross-Collateralized Group, the inclusion of the original of such document in the Mortgage File for any of the Mortgage Loans constituting such Cross-Collateralized Group shall be deemed an inclusion of such original in the Mortgage File for each such Mortgage Loan.

  • Unencumbered Properties Each Property included in any calculation of Unencumbered Asset Value or Unencumbered NOI satisfied, at the time of such calculation, all of the requirements contained in the definition of “Unencumbered Property Criteria.”

  • Pricing and Portfolio Valuation All expenses of computing the Fund 's net asset value per share, including any equipment or services obtained for the purpose of pricing shares or valuing the Fund 's investment portfolio.

  • Borrowing Base Properties (a) Except where the failure to comply with any of the following would not have a Material Adverse Effect, each of Parent and Borrower shall, and shall use commercially reasonable efforts to cause each other Loan Party or the applicable tenant, to:

Time is Money Join Law Insider Premium to draft better contracts faster.