Concentration Limits. After giving effect to the Issuer’s acquisition of Railcars in connection with issuing a Series of Equipment Notes on the applicable Closing Date, the Portfolio complies with all Concentration Limits.
Concentration Limits. (a) The Company shall use reasonable endeavours to ensure that no Concentration Limit is exceeded with respect to any Eligible Equities or Eligible ETFs included in the Collateral.
(b) If the Collateral provided by the Company in respect of a Loan on or before the Utilisation Date for that Loan includes Eligible Equities or Eligible ETFs where the relevant Concentration Limit in respect of those Eligible Equities or Eligible EFTs is exceeded, the Eligible Equities or Elgibible ETFs (as applicable) exceeding that Concentration Limit shall be deemed to have a value of zero for purposes of the Collateral Value set out in the Collateral Report provided or to be provided by the Collateral Monitor. The Lenders will (subject to all other terms and conditions of this Agreement) remain obliged to make that Loan available notwithstanding that the relevant Concentration Limit has been exceeded in relation to those Eligible Equities or Eligible ETFs (as applicable) unless the Collateral Value is less than the Outstanding Facility Amount (after taking the Proposed Loan into account), in which case the provisions of paragraph 7 (Utilisation Date disbursement procedures – Revolving Loans and Swingline Loans) above shall apply.
(c) If the Collateral includes any Eligible Equities or Eligible ETFs where the relevant Concentration Limit for those Eligible Equities or Eligible ETFs (as applicable) is exceeded:
(i) the Company shall, promptly upon becoming aware that the relevant Concentration Limit is exceeded for any Eligible Equities or Eligible ETFs (as applicable) in the Collateral, or upon notice from the Facility Agent, the Security Agent or the Collateral Monitor that they consider that that Concentration Limit is or may have been exceeded, give notice of that fact to each relevant Agent and the Security Agent, including:
(A) details of the relevant Eligible Equities or Eligible ETFs (as applicable);
(B) the amount of the relevant Eligible Equities or Eligible ETFs (as applicable) in the Collateral as a proportion to the Average Daily Traded Volume of such Eligible Equities or Eligible ETFs (as applicable);
(C) the aggregate Market Value of the relevant Eligible Equities or Eligible ETFs (as applicable) in the Collateral as a proportion of the Outstanding Facility Amount; and/or
(D) in relation to Eligible Equities only, the aggregate Market Value of the relevant Eligible Equities in the Collateral as a proportion of the Market Capitalisation of such Eligible Equities...
Concentration Limits. The Issuer will not sell, purchase, otherwise take any action with respect to any Portfolio Railcar if entering into such proposed sale, or other action would cause the Portfolio to no longer comply with the Concentration Limits; provided, that the foregoing restriction shall not apply to the renewal by the Issuer of an Existing Lease. Also, the Issuer will not consummate a Permitted Discretionary Sale if the effect of such action is or would be to cause noncompliance with any Concentration Limit.
Concentration Limits. (a) No more than twenty percent (20%) of the Pool Value shall be attributable to any single Pool Property; provided that a failure to satisfy the requirements of this §9.12(a) shall not result in any Real Estate not being included as a Pool Property, but any Pool Availability in excess of such limitation shall be excluded.
(b) No Pool Properties which are subject to a lease or leases to any single tenant or any group of Affiliates thereof shall account for more than fifteen percent (15%) of the Pool Value (the “Single Tenant Limitation”); provided that a failure to satisfy the requirements of this §9.12(b) shall not result in any Real Estate not being included as a Pool Property, but any Pool Availability in excess of such limitation shall be excluded.
(c) No more than twenty percent (20%) of the Pool Value shall be attributable to attributable to Pool Properties which are subject to Ground Lease; provided that a failure to satisfy the requirements of this §9.12(c) shall not result in any Real Estate not being included as a Pool Property, but any Pool Availability in excess of such limitation shall be excluded.
(d) No Pool Properties which are subject to a lease or leases to any tenants that have physician ownership of greater than sixty-six and two-thirds percent (66.67%) shall account for more than twenty percent (20%) of the Pool Value; provided that a failure to satisfy the requirements of this §9.12(d) shall not result in any Real Estate not being included as a Pool Property, but any Pool Availability in excess of such limitation shall be excluded.
Concentration Limits. The Issuer will not sell, purchase, otherwise take any Affirmative Issuer Action that would result, immediately after giving effect to such action, in noncompliance with the Concentration Limits; provided, that the foregoing restriction shall not apply to the renewal by the Issuer of an Existing Lease. Also, the Issuer will not consummate a Permitted Discretionary Sale if the effect of such action is or would be to cause noncompliance with any Concentration Limit. For the avoidance of doubt, noncompliance with any Concentration Limit that results from the Total Loss of Portfolio Railcars shall not constitute a breach of this covenant. Notwithstanding the foregoing, where the merger or consolidation of one or more Lessees results in an aggregate Adjusted Value that exceeds the Customer Concentration Limitation, the Issuer will not be obligated to address such noncompliance, however, additional Portfolio Railcars leased to such Lessee may not be purchased by the Issuer unless, upon purchase, the Adjusted Value of the Issuers’ Portfolio Railcars leased to such individual Lessee will meet the applicable Customer Concentration Limitation.
Concentration Limits. Such Container, when considered with all other Eligible Containers owned by the Issuer, satisfies the Concentration Limits; and
Concentration Limits. Without the prior written consent of the Facility Agent, the Borrower shall not permit any ACS Ireland Subsidiary to lease or re-lease any Aircraft if entering into such proposed Lease would cause the ACS Group Portfolio to exceed any of the Concentration Limits set forth in Exhibit C hereto (as such limits may be adjusted by from time to time with the consent of the Facility Agent, the “Concentration Limits”); provided that the Borrower or any ACS Ireland Subsidiary shall be entitled to renew or extend any Lease to the existing Lessee thereunder irrespective of the effect of such renewal or extension on the Concentration Limits. The Borrower shall not, and shall not permit any ACS Ireland Subsidiary to, (i) lease (including any renewal or extension of any existing Lease) any Aircraft to any Lessee habitually based or domiciled in any of the jurisdictions set forth as “Prohibited” in the last section of the Concentration Limits as set forth on Exhibit C hereto and as amended from time to time upon the receipt of the prior written consent of the Facility Agent (each such jurisdiction, a “Prohibited Country”), (ii) enter into any Lease (including any renewal or extension of any existing Lease) that expressly permits the Lessee to sublease an Aircraft to a sublessee habitually based or domiciled in a Prohibited Country, or (iii) consent to a sublease of an Aircraft to a sublessee habitually based or domiciled in a Prohibited Country.
Concentration Limits a) U.S. Government, Federal Agency Obligations and Repurchase Agreements, or Institutional Funds investing in same: no limit
b) Corporate and bank debt not to exceed $10 million per issuer.
c) Municipal bond debt not to exceed $10 million per issuer.
Concentration Limits. As of the Closing Date, none of the Concentration Ratios exceed the corresponding Concentration Limits set forth in clauses (i) through (iv) of Section 4.01(x).
Concentration Limits. The Borrower shall not permit for any period in excess of sixty (60) consecutive days: (i) the ratio of the Fair Market Value of the Equipment leased to Equipment Lessees that are not Approved Lessees to the aggregate Fair Market Value of all the Equipment to exceed 0.40 to 1.0, (ii) the ratio of the Fair Market Value of the Equipment subject to leases which are on a month-to-month term to the aggregate Fair Market Value of all the Equipment to exceed 0.05 to 1.0, (iii) the ratio of the Fair Market Value of the Equipment on lease to a single Equipment Lessee that is not an Approved Lessee to the aggregate Fair Market Value of all the Equipment to exceed 0.05 to 1.0, and (iv) the ratio of the Fair Market Value of the Equipment on lease to a single Equipment Lessee that is an Approved Lessee to the aggregate Fair Market Value of all of the Equipment to exceed 0.20 to 1.0 (the ratios specified in clauses (i) through (iv) collectively referred to as the “Concentration Ratios”).
