Rent and Charges Reserve the aggregate of (a) all past due rent and other amounts owing by an Obligor to any landlord, warehouseman, processor, repairman, mechanic, shipper, freight forwarder, broker or other Person who possesses any Collateral or could assert a Lien on any Collateral; and (b) a reserve at least equal to three months rent and other charges that could be payable to any such Person, unless it has executed a Lien Waiver.
Rent and Charges Reserve the aggregate of (a) all past due rent and other amounts owing by an Obligor to any landlord, warehouseman, processor, repairman, mechanic, shipper, freight forwarder or other Person who possesses any Collateral or could assert a Lien on any Collateral; and (b) a reserve at least equal to three months rent and other charges that could be payable to any such Person, unless it has executed a Lien Waiver. Report — as defined in Section 12.2.3. Reportable Event — any event set forth in Section 4043(b) of ERISA.
Rent and Charges Reserve the aggregate of (a) all past due rent and other amounts owing by an Obligor to any landlord, warehouseman, processor, repairman, mechanic, shipper, freight forwarder or other Person who possesses any Collateral or could assert a Lien on any Collateral; and (b) a reserve at least equal to three months rent and other charges that could be payable to any such Person, unless it has executed a Lien Waiver. Report - as defined in Section 12.2.3. Reportable Event - any event set forth in Section 4043(b) of ERISA. Required Lenders - Lenders (subject to Section 4.2) having Revolver Commitments in excess of 50% of the aggregate Revolver Commitments; and (b) if the Revolver Commitments have terminated, Loans in excess of 50% of all outstanding Loans. Reserve Percentage - the reserve percentage (expressed as a decimal, rounded upward to the nearest 1/8th of 1%) applicable to member banks under regulations issued from time to time by the Board of Governors for determining the maximum reserve requirement (including any emergency, supplemental or other marginal reserve requirement) with respect to Eurocurrency funding (currently referred to as “Eurocurrency liabilities”). Responsible Officer - means, with respect to all certificates and financial matters hereunder, President, Chief Executive Officer, and Chief Financial Officer of a Borrower (the “Principal Responsible Officers”) and, with respect to all notices (including Notice of Borrowing) and other matters hereunder, any Principal Responsible Officer, the Vice President, Finance and Controller, Vice President, Treasurer or General Counsel of the Borrower Representative or any other officer expressly designated by the Board of Directors of the Borrower Representative (or the appropriate committee thereof) or a Principal Responsible Officer as a Responsible Officer of the Borrower Representative. Any document delivered hereunder that is signed by a Responsible Officer of the Borrower Representative shall be conclusively presumed to have been authorized by all necessary corporate and/or other action on the part of the Borrower Representative and each other Borrower on whose behalf it is delivered and such Responsible Officer shall be conclusively presumed to have acted on behalf of the Borrower Representative and each such Borrower. Restricted Investment - any Investment by an Obligor, other than (a) Investments (other than those permitted by clause (b) through (g) of this definition) that are existing on the Closing ...
Rent and Charges Reserve the aggregate of (a) all past due rent and other amounts due and owing by an Obligor to any landlord, warehouseman, processor, repairman, mechanic, shipper, freight forwarder, broker or other Person who possesses any Eligible Inventory or Eligible German Inventory, as applicable, and could legally assert a Lien on any Inventory; and (b) a reserve at least equal to three months’ rent and other periodic charges that would reasonably be expected to be payable to any such Person, unless it has executed a Lien Waiver, in each case, excluding any amounts being disputed in good faith. Report: as defined in Section 11.2.2.
Rent and Charges Reserve the aggregate of (a) all past due rent and other amounts owing by an Obligor to any landlord, warehouseman, mortgagee, processor, repairman, mechanic, shipper, freight forwarder, broker or other Person who possesses any Collateral or could assert a Lien on any Collateral; and (b) a reserve at least equal to three months rent, the amount of payments due under the applicable mortgage and other charges that could be payable to any such Person, unless it has executed a Lien Waiver or Mortgagee Consent, as applicable. Report: as defined in Section 13.2.3.
Rent and Charges Reserve the aggregate of (a) all past due rent and other amounts owing by an Obligor to any landlord, warehouseman, processor, repairman, mechanic, shipper, freight forwarder, broker or other Person who possesses any U.K. Facility Collateral or could assert a Lien on any U.K. Facility Collateral; and (b) a reserve at least equal to three months’ rent and other charges that could be payable to any such Person, unless it has executed a Lien Waiver.
Rent and Charges Reserve the aggregate of (a) all past due rent and other amounts owing by a Loan Party to any landlord, warehouseman, processor, repairman, mechanic, shipper, freight forwarder or other Person who possesses any Collateral or could assert a Lien on any Collateral; (b) in the case of Inventory located at a leased premise for which a Lien Waiver has not been executed, an amount equal to up to two (2) months’ rent, (c) in the case of Inventory located at premises located in the province of Québec, Canada for which a Lien Waiver or Lien Priority Agreement has not been executed, an Availability Reserve reasonably determined by the Administrative Agent as its good faith estimate of claims in respect of registered hypothecs that have priority over the Lien of the Applicable Agent in any of the Collateral shall have been established with respect thereto; and (d) in the case of Inventory located, stored, used or held at the premises of a third party for which a Lien Waiver has not been executed, an amount equal to up to two (2) months’ rent. Report - as defined in Section 12.2.3. Required Canadian Lenders - as of any date, so long as there are at least two Canadian Lenders, at least two Canadian Lenders (subject to Section 4.2) whose aggregate Canadian Revolver Commitments constitute at least fifty-one percent (51%) of the sum of the Canadian Revolver Commitments, and if the Canadian Revolver Commitments have been terminated, so long as there are at least two Canadian Lenders, at least two Canadian Lenders (subject to Section 4.2) holding at least fifty-one percent (51%) of the outstanding principal amount of the Canadian Revolver Loans and Canadian LC Obligations on such date; provided that the Canadian Revolver Commitments of, and the portion of the Canadian Revolver Loans and Canadian LC Obligations held or deemed held by any Defaulting Lender shall be excluded for purposes of making a determination of Required Canadian Lenders. Required Lenders - as of any date, the Required Canadian Lenders and the Required US Lenders; provided that, subject to Section 4.2, if (a) Bank of America (which, for the purposes of this definition, shall include its branches and Affiliates) holds at least 37.5% of the sum of the Total Revolver Commitments, or if the Total Revolver Commitments have been terminated, holds at least 37.5% of the outstanding principal amount of the Total Revolver Outstandings, then Bank of America shall be a Required Lender and (b) Xxxxx Fargo Bank, National Associ...
Rent and Charges Reserve a reserve, in Agent’s discretion, (a) for any business office location where books and records relating to Accounts Collateral are located, in an amount up to three (3) months rent to any landlord, mortgagee or other Person who possesses any Accounts Collateral or could assert a Lien thereon and (b) for any location, in an amount up to the aggregate of all past due rent and other amounts owing by a Credit Party to any landlord, mortgagee or other Person who possesses any Collateral or could assert a Lien thereon, unless, in each case under clauses (a) and (b) above, a Lien Waiver has been obtained from such landlord, mortgagee or other person. Report: as defined in Section 12.2.3.
Rent and Charges Reserve the aggregate of (a) all past due rent and other amounts owing by an Obligor to any landlord, warehouseman, processor, repairman, mechanic, shipper, freight forwarder, broker or other Person who possesses any Collateral or could assert a Lien on any Collateral; and (b) a reserve at least equal to three months rent and other charges that could be payable to any such Person, unless it has executed a Lien Waiver; provided, however, that for the first 60 days after the Closing Date, the amount of any Rent and Charges Reserve for any leased location with respect to which the Borrower is still diligently pursuing a Lien Waiver shall be $0.
Rent and Charges Reserve the aggregate of (a) all past due rent and other amounts owing by an Obligor to any landlord, warehouseman, processor, repairman, mechanic, shipper, freight forwarder or other Person who possesses any Collateral or could assert a Lien on any Collateral; and (b) a reserve at least equal to three months rent and other charges that could be payable to any such Person, unless it has executed a Lien Waiver. Report - as defined in Section 12.2.3. Reportable Event - any event set forth in Section 4043(b) of ERISA. Required Lenders - Lenders (subject to Section 4.2) having (a) Revolver Commitments and in excess of 50% of the aggregate Revolver Commitments; and (b) if the Revolver Commitments have terminated, Loans in excess of 50% of all outstanding Loans. Reserve Percentage - the reserve percentage (expressed as a decimal, rounded upward to the nearest 1/8th of 1%) applicable to member banks under regulations issued from time to time by the Board of Governors for determining the maximum reserve requirement (including any emergency, supplemental or other marginal reserve requirement) with respect to Eurocurrency funding (currently referred to as “Eurocurrency liabilities”). Restricted Investment - any Investment by a Borrower or Subsidiary, other than (a) Investments in Subsidiaries to the extent existing on the Closing Date; (b) Cash Equivalents that are subject to Agent’s Lien and control, pursuant to documentation in form and substance satisfactory to Agent; and (c) loans and advances permitted under Section 10.2.7.
