Eligible Container Sample Clauses

Eligible Container. As of the related Transfer Date for a Container, such Container is an Eligible Container.
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Eligible Container. Each Container which, when considered with all other Containers, shall comply with each of the following requirements:
Eligible Container. As of any date of determination any Container which, when considered with all other Eligible Containers owned by the Borrower, shall comply with all of the following requirements; provided, however, that the provisions of clause (10) shall be applied to a Container only on the date on which the Borrower acquired such Container:
Eligible Container. Each Transferred Container is an Eligible Container;
Eligible Container. Any Container to be included in the Sold Assets meets the definition of “Eligible Container” (as set forth in the Indenture) on its Transfer Date;
Eligible Container. As of any date of determination (or any specific date set forth below), any Managed Container which shall meet all of the following criteria:
Eligible Container. As of any date of determination (or, in the case of clause (i), as of the date specified therein), any Container which (a) is subject to a first priority fully perfected security interest in favor of the Administrative Agent for the benefit of the Secured Parties, (b) is subject to no other Liens other than Permitted Liens, (c) is in a serviceable condition in the normal course of business, subject to ordinary wear and tear and ordinary maintenance and repair, and substantially conform to the standard specifications used by the Manager for that category of container and applicable industry standards including, without limitation, The Customs Convention on Containers, The International Convention for Safe Containers and the International Organization for Standardization, (d) is not subject to a Defaulted Operating Lease or, if subject to a Defaulted Operating Lease, the Borrower (or the Manager, on behalf of the Borrower) has recovered possession of such Container, (e) has a then Net Book Value greater than zero, (f) has not suffered an Event of Loss, (g) is not then on lease to a Sanctioned Person or, to the best knowledge of the Borrower or the Manager, is not subleased to a Sanctioned Person or located, operated or used in a Sanctioned Country unless it is used pursuant to a license granted by OFAC, (h) satisfies each of the applicable Concentration Limits and applicable Container Representations and Warranties, (i) is on lease to an Eligible Lessee and (j) has not been contracted for sale by the Borrower to a purchaser in accordance pursuant to a sale agreement or other agreement for the disposition thereof.
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Eligible Container. Each Standard Container owned by the Borrower or the Guarantor, as applicable, which (a) is subject to a first priority fully perfected security interest in favor of the Administrative Agent for the benefit of the Secured Parties in Barbados and in all jurisdictions within the United States of America where filing financing statements in accordance with the Uniform Commercial Code is necessary to perfect the Administrative Agent’s security interest in such Containers, (b) is subject to no other Liens except Permitted Liens that are permitted pursuant to §§9.2.1(v) and (xi), (c) is in a serviceable condition in the normal course of business, (d) has not suffered an Event of Loss, (e) is not the subject of a finance or trade credit arrangement between the Borrower or the Guarantor, as applicable, as obligor and a third party obligee but is owned by the Borrower or the Guarantor, as applicable, outright, (f) is not then subject to a Direct Finance Lease (provided, however, that a Container that has been recovered from the lessee under a defaulted Direct Finance Lease shall qualify as an Eligible Container so long as such Container satisfies clauses (a), (b), (c), (d), (e), (g), (h) and (i) of this definition of Eligible Container), (g) is a Standard Container, (h) with respect to the inclusion of such Container in the calculation of the Borrowing Base shall not result in a violation of the Concentration Limit, (i) as of the date of its manufacture, conformed to the Borrower’s or the Guarantor’s, as applicable, standard specifications for that category of Container and to any applicable industry standard specifications (including, without limitation, ISO and CSC standard specifications). Embargoed Person. See §7.25(b). Employee Benefit Plan. Any employee benefit plan within the meaning of §3(3) of ERISA maintained or contributed to by any Loan Party or any ERISA Affiliate, other than a Guaranteed Pension Plan or a Multiemployer Plan. Environmental Laws. See §7.18(b). EPA. See §7.18(c).
Eligible Container. Any Container which, when considered with all other Containers, complies with each of the following requirements as of each Record Date:
Eligible Container. Each Pledged Container which, when considered with all other Pledged Containers, shall comply with each of the following requirements:
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