Industry Concentration Sample Clauses

Industry Concentration. The Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, permit the aggregate rents of all tenants of the Borrower, the other Loan Parties and all other Subsidiaries conducting business in any single “industry” (as determined by reference to the industrial classification set forth on the Industrial Classification Schedule applicable to each such tenant) to exceed 35% of the total rents of all tenants, determined in accordance with GAAP, at the end of any fiscal quarter of the Borrower.
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Industry Concentration. Not permit more than 20% (or 40% in the case of retail drug stores and pharmacies) of annualized base rents of the Loan Parties and their Subsidiaries for any twelve (12) month period to be attributable to any one industry type.
Industry Concentration. Not permit more than twenty-five percent (25%) of annualized base rents of the Loan Parties and their Subsidiaries for any twelve (12) month period to be attributable to any one industry type.
Industry Concentration. Corporate bond holdings are limited to no more than 20% in any one industry.
Industry Concentration. Not permit more than twenty-five percent (25%) of annualized base rents of the Loan Parties and their Subsidiaries for any twelve (12) month period to be attributable to any one industry type. (m) The Loan Agreement is amended by restating Section 8.14 in its entirety to read as follows:
Industry Concentration. The Fund may not purchase the securities of any issuer (other than securities issued or guaranteed by the U.S. government or any of its agencies or instrumentalities) if, as a result, more than 25% of the Fund’s total assets would be invested in the securities of companies whose principal business activities are in the same industry, except that the Fund typically will invest more than 25% of its total assets in the financial services industry; provided that a lesser percentage may be invested in the financial services industry if market conditions so dictate.
Industry Concentration. (Loans to a single industry segment may not exceed the following): Radio 35% Television 35% Publishing 35% Community Newspapers 40% Telecommunication 25% Business Information Services 25% Technology 20% Security Alarm Leasing Companies 20% Paging 15% Towers 20% Internet Service Provider 15% E-commerce 15% Other 15% Any sub-segment of Telecommunication 15% 3. Single Obligor Outstanding may not exceed $20MM $20,000,000 4. Six Largest Loan Outstandings (may not exceed the greater of: $90MM or $90MM or 40% 40%) 5. Average Obligor size (may not exceed $8MM) $ 8,000,000 6. Weighted Average Life (may not exceed 6.5 years) 6.50 7. Risk Rating (weighted average risk rating may not exceed 5.75) 5.75 8. Risk Rated 7 Limit (sum of all Loans with risk rating of 7 may not exceed 12.5% 12.5%) 9. Risk Rated 7 + material restructurings of Risk Rated 6 Limit (20%) 20.0% 10. Risk Rated 7 Industry Limit (sum of all Loans to single industry segment 10% with risk rating of 7 may not exceed 10%) 11. Risk Rated 8, 9, 10 Limit (0%) 0% -------------- --------------------------------------------------------------------------- SUBSTITUTION CALCULATION Covenant Actual --------------------------------------------------------------------------- Level Level In no event may the aggregate Principal Balance of Delinquent Loans and Charged-Off Loans purchased or substituted for pursuant to Section 2.10 of the Sales and Servicing Agreement exceed, in any one year, 15% of the Facility Amount 15% -------------- In no event may the aggregate Principal Balance of all other Commercial Loans purchased or substituted for pursuant to Section 2.10 of the Sales and Servicing Agreement exceed, in any one year, 15% of the Facility Amount. 15% -------------- Number and amounts of all Commercial Loans Purchased or Subsituted for (or $Amount otherwise removed from the Trust during Due Period) -------------- Loan Name $ - Loan Name $ - Loan Name $ - --------------- Total $ - ===============
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Industry Concentration. Single S&P Industry Classification max of [***]% of the Portfolio In the event that the Leverage Measure is less than the Minimum Leverage Measure, each as defined in the Reinsurance Agreement, the Manager (and any Sub-Advisors) shall be prohibited from adding additional assets to the Portfolio that would cause any deterioration in any of the above metrics. The Manager may from time to time propose additional strategies by providing written notice to the Company setting forth sufficient detail and information as the Company shall reasonably request. Promptly following receipt of such notice, the Company shall discuss the proposed additional strategy with the Manager, and upon mutual consent (not to be unreasonably withheld), any such additional strategy shall be added as an Approved Asset Class (an “Additional Approved Asset Class”) by amending this Exhibit in accordance with the Agreement (including in accordance with Part II hereof).
Industry Concentration. The Borrower shall not, and shall not permit any Loan Party or other Subsidiary to, permit the aggregate Annualized Base Rents of all tenants of the Borrower, such Loan Party and such Subsidiary conducting business in the "Child Day Care Services" industry (as determined by reference to the SIC Code) to exceed 30% of the Total Annualized Base Rents of all tenants of the Borrower, the Loan Parties and all other Subsidiaries (measured quarterly).

Related to Industry Concentration

  • INDUSTRY FUND a. The Employer shall contribute and remit such contributions to the Union’s Industry Fund as specified in Schedule “A” for each hour worked by each employee covered by this Agreement. b. The Industry Fund shall be used by the Union for the promotion of the industry, to promote unionized construction, and for other purposes as determined by the Union to strengthen the position of the Union and its members in the industry. c. The total amount owing shall be remitted monthly to the Union by the 15th of the month following the month for which the contributions were made. Contributions shall be itemized separately on the remittance form.

  • Commingling Assets The assets of your IRA cannot be commingled with other property except in a common trust fund or common investment fund.

  • Transaction Processing All orders are subject to acceptance by us and by the Fund or its transfer agent, and become effective only upon confirmation by us. If required by law, each transaction shall be confirmed in writing on a fully disclosed basis and if confirmed by us, a copy of each confirmation shall be sent to you if you so request. All sales are made subject to receipt of shares by us from the Funds. We reserve the right in our discretion, without notice, to suspend the sale of shares of the Funds or withdraw the offering of shares of the Funds entirely. Orders will be effected at the price(s) next computed on the day they are received if, as set forth in the applicable Fund’s current Prospectus, the orders are received by us or an agent appointed by us or the Fund prior to the close of trading on the New York Stock Exchange, generally 4:00 p.m. eastern time (“Close of Trading”). Orders received after that time will be effected at the price(s) computed on the next business day. All orders must be accompanied by payment in U.S. Dollars. Orders payable by check must be drawn payable in U.S. Dollars on a U.S. bank, for the full amount of the investment. If you have entered into a FundSERV Agreement with us to effect transactions in Fund shares through FundSERV, you are hereby authorized to act on our behalf for the limited purpose of receiving purchase, exchange and redemption orders for Fund shares executed through FundSERV. You represent and warrant that all orders for the purchase, exchange or redemption of Fund shares transmitted to FundSERV for processing on or as of a given business day (Day 1) shall have been received by you prior to the Close of Trading on Day 1. Such orders shall receive the share price next calculated following the Close of Trading on Day 1 .You represent and warrant that orders received by you after the Close of Trading on Day 1 shall be treated by you and transmitted to FundSERV as if received on the next business day (Day 2). Such orders shall receive the share price next calculated following the Close of Trading on Day 2. You represent that you have systems in place reasonably designed to prevent orders received after the Close of Trading on Day 1 from being executed with orders received before the Close of Trading on Day 1.

  • Investment Assets Those assets of the Fund as the Advisor and the Fund shall specify in writing, from time to time, including cash, stocks, bonds and other securities that the Advisor deposits with the Custodian and places under the investment supervision of the Sub-Advisor, together with any assets that are added at a subsequent date or which are received as a result of the sale, exchange or transfer of such Investment Assets.

  • Commingling The Seller shall not, and shall not permit any of its Affiliates to, deposit or permit the deposit of any funds that do not constitute Collections of any Loan Asset into the Interest Collection Subaccount or the Principal Collection Subaccount.

  • Income Collection, Transaction Processing, Account Administration of a basis point per annum on the average net assets of the Fund.

  • Industry Classification Groups For purposes of this Agreement, the Borrower shall assign each Portfolio Investment to an Industry Classification Group. To the extent that any Portfolio Investment is not correlated with the risks of other Portfolio Investments in an Industry Classification Group, such Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Portfolio Investment. In the absence of any correlation, the Borrower shall be permitted, upon prior notice to the Administrative Agent and each Lender, to create up to three additional industry classification groups for purposes of this Agreement.

  • PIPE Investment (a) Following the Original Agreement Date and until the date of the mailing of the Proxy Statement to the stockholders of Acquiror may enter into subscription agreements (each, a “Subscription Agreement”) with investors (a “PIPE Investor”) relating to an investment in convertible preferred stock of Acquiror (“PIPE Securities”) pursuant to a private placement to be consummated immediately prior to the consummation of the Business Combination (the “PIPE”), in either case, on terms mutually agreeable to Acquiror and the Company acting reasonably and in good faith (a “PIPE Investment”), provided that, unless otherwise agreed by Acquiror and the Company, the aggregate gross proceeds under the Subscription Agreements shall not exceed $100,000,000 (the “PIPE Investment Amount”), provided further that, such PIPE Investment Amount shall be increased to account for any fees paid by the Company in connection with the negotiation, execution and/or consummation of the PIPE Investment Amount. In connection with Acquiror seeking a PIPE Investment, Acquiror and the Company shall, and shall cause their respective Representatives to, cooperate with each other and their respective Representatives in connection with such PIPE Investment and use their respective commercially reasonable efforts to cause such PIPE Investment to occur (including having the Company’s senior management participate in any investor meetings and roadshows as reasonably requested by Acquiror). In connection with a PIPE Investment, to the extent necessary to address the treatment of the PIPE Securities underlying such PIPE Investment hereunder, Acquiror and the Company shall negotiate in good faith to amend or otherwise modify this Agreement to reflect such PIPE Securities. (b) Acquiror shall not reduce the PIPE Investment Amount or the subscription amount under any Subscription Agreement or reduce or impair the rights of Acquiror under any Subscription Agreement, permit any amendment or modification to be made to, any waiver (in whole or in part) of, or provide consent to modify (including consent to terminate), any provision or remedy under, or any replacements of, any of the Subscription Agreements, in each case, other than any assignment or transfer contemplated therein or expressly permitted thereby (without any further amendment, modification or waiver to such assignment or transfer provision); provided, that, in the case of any such assignment or transfer, the initial party to such Subscription Agreement remains bound by its obligations with respect thereto in the event that the transferee or assignee, as applicable, does not comply with its obligations to consummate the purchase of the PIPE Securities contemplated thereby, unless otherwise approved in writing by the other Party (which approval shall not be unreasonably withheld, conditioned or delayed), and except for any of the foregoing actions that would not increase conditionality or impose any new obligation on Acquiror. (c) Acquiror shall use its reasonable best efforts to take, or cause to be taken, all actions and do, or cause to be done, all things necessary, proper or advisable to consummate the transactions contemplated by any Subscription Agreement to which it is a party on the terms and conditions described therein, including maintaining in effect such Subscription Agreement and to use its reasonable best efforts to: (i) satisfy in all material respects on a timely basis all conditions and covenants applicable to Acquiror in such Subscription Agreement and otherwise comply with its obligations thereunder, (ii) confer with the Company regarding timing for delivery of any closing notice pursuant to such Subscription Agreement, and (iii) enforce its rights under such Subscription Agreement in the event that all conditions in such Subscription Agreement (other than conditions that Acquiror, the Company or any of their respective Affiliates control the satisfaction of and other than those conditions that by their nature are to be satisfied at the Closing) have been satisfied, to cause the applicable PIPE Investor to pay to (or as directed by) Acquiror the consideration set forth in such Subscription Agreement and consummate the transactions contemplated by such Subscription Agreement at or prior to Closing, in accordance with its terms. (d) Without limiting the generality of the foregoing, Acquiror shall give the Company prompt written notice: (i) of any breach or default (or any event or circumstance that, with or without notice, lapse of time or both, could give rise to any breach or default) by any party to any Subscription Agreement known to Acquiror; (ii) of the receipt of any written notice or other written communication from any party to any Subscription Agreement with respect to any actual, potential, threatened or claimed expiration, lapse, withdrawal, breach, default, termination or repudiation by any party to any Subscription Agreement or any provisions of any Subscription Agreement; (iii) of any amendment, waiver or modification to any Subscription Agreement entered into by Acquiror that such Party was permitted to make without the prior written consent of the Company in accordance with this Section 8.04(d), it being understood that such amendment, waiver or modification is not conditioned on delivery of such notice and (iv) if Acquiror does not expect to receive all or any portion of financing proceeds on the terms, in the manner or from the applicable PIPE Investors as contemplated by the Subscription Agreements.

  • Mutual Funds The Sponsor hereby acknowledges that it has received from the Trustee a copy of the prospectus for each Mutual Fund selected by the Sponsor as a Plan investment option. Trust investments in Mutual Funds shall be subject to the following limitations:

  • Investment Portfolio All investment securities held by Seller or its Subsidiaries, as reflected in the consolidated balance sheets of Seller included in the Seller Financial Statements, are carried in accordance with GAAP, specifically including but not limited to, FAS 115.

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