Settlement Report Clause Samples
Settlement Report a report delivered by Agent to Lenders summarizing the Revolver Loans and participations in LC Obligations outstanding as of a given settlement date, allocated to Lenders on a Pro Rata basis in accordance with their Revolver Commitments.
Settlement Report a report delivered by the Agent to the Lenders summarizing the Revolving Loans and participations in LC Obligations outstanding as of a given settlement date, allocated to the Lenders on a Pro Rata basis in accordance with their Revolving Commitments. Software – as defined in the UCC. Solvent – as to any Person, such Person (a) owns Property whose fair salable value is greater than the amount required to pay all of its debts (including contingent, subordinated, unmatured, and unliquidated liabilities), (b) owns Property whose present fair salable value (as defined below) is greater than the probable total liabilities (including contingent, subordinated, unmatured, and unliquidated liabilities) of such Person as they become absolute and matured, (c) is able to pay all of its debts as they mature, (d) has capital that is not unreasonably small for its business and is sufficient to carry on its business and transactions and all business and transactions in which it is about to engage, (e) is not “insolvent” within the meaning of Section 101(32) of the Bankruptcy Code, and (f) has not incurred (by way of assumption or otherwise) any obligations or liabilities (contingent or otherwise) under any Loan Documents, or made any conveyance in connection therewith, with actual intent to hinder, delay, or defraud either present or future creditors of such Person or any of its Affiliates. As used in this definition, “fair salable value” means the amount that could be obtained for assets within a reasonable time, either through collection or through sale under ordinary selling conditions by a capable and diligent seller to an interested buyer who is willing (but under no compulsion) to purchase. AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT – Page 30 Specified Allowance Condition – either (A) pro-forma Availability is greater than 30.0% of Revolving Commitments or (B) pro-forma Availability is greater than 20.0% of Revolving Commitments and pro forma Fixed Charge Coverage Ratio calculated for Borrower equals or exceeds 1.10 to 1.00.
Settlement Report. Not later than five (5) Business Days prior to each Settlement Date, a Settlement Report for the immediately preceding Settlement Period.
Settlement Report a report delivered by the Agent to the Applicable Lenders summarizing the Loans and, if applicable, participations in U.S. LC Obligations (excluding amounts specified in clause (c) of such definition) of the U.S. Borrower and Canadian LC Obligations (excluding amounts specified in clause (c) of such definition) of the Canadian Borrower outstanding as of a given settlement date, allocated to the Applicable Lenders on a Pro Rata basis in accordance with their Commitments.
Settlement Report. Not later than the third (3rd) Business Day prior to a Closing Date, the Transferor shall supply the Trust a final data tape in form and substance necessary for the Trust to comply with the information requirements under the Loan and Security Agreement. Not less than three (3) Business Days prior to each proposed Closing Date, the Transferor will deliver to the Trust and the Administrative Agent a Settlement Report substantially in the form of Schedule 2 attached to the Pool Supplement in form and substance necessary for the Trust to comply with the information requirements under the Loan and Security Agreement setting forth amounts due the Transferor with respect to the applicable Receivables Pool and containing at least the calculation of the related Receivables Purchase Price. Each sale hereunder shall occur immediately after the related sale for the related First Tier Receivables Pool under the Master Sale Agreement (Warehouse).
Settlement Report a report delivered by the Agent to the Revolver Lenders summarizing the Revolver Loans and, if applicable, participations in LC Obligations outstanding as of a given settlement date, allocated to such Lenders on a Pro Rata basis in accordance with their Revolver Commitments. S▇▇▇▇▇ Acquisition Agreement: that certain Agreement and Plan of Merger, dated as of November 13, 2018, by and among Arrow Holdings S.à r.▇., the Parent and S▇▇▇▇▇ Merger Sub Inc., as amended, restated, supplemented or otherwise modified from time to time.
Settlement Report a report summarizing Loans and participations in LC Obligations outstanding as of a settlement date, allocated to Lenders on a Pro Rata basis in accordance with their Commitments. SOFR: the secured overnight financing rate as administered by FRBNY (or a successor administrator).
Settlement Report. Where applicable, Celcom shall provide Content Provider with a Settlement Report pertaining to the usage of the Service. The Settlement Report shall be sent to Content Provider by the tenth (10th) Business Day of each month. The Content Provider agrees that the Settlement Report shall be conclusive and binding on the Content Provider save for fraud, or manifest error in the event the Content Provider does not dispute on the Settlement Report within ten (10) Business Days from receipt, the Content Provider is deemed to have agreed with the Settlement Report. In the event of a dispute of more than five percent (5%), Parties agree to review the disparity in good faith and amicably and where applicable, both Parties shall carry out investigations at its own cost. If the Parties fail to resolve the dispute amicable within thirty (30) days, Parties shall escalate the dispute to their respective management for a resolution. Should Parties continue to fail in resolving such dispute within 30 days, Parties may resort to the resolution under the clause on “Dispute” herein.
Settlement Report a report delivered by Agent to Lenders summarizing the amount of the outstanding Revolver Loans as of the Settlement Date and the calculation of the Borrowing Base as of such Settlement Date. Solvent - as to any Person, such Person (i) owns Property whose fair saleable value is greater than the amount required to pay all of such Person’s Debts (including contingent Debts), (ii) is able to pay all of its Debts as such Debts mature, (iii) has capital sufficient to carry on its business and transactions and all business and transactions in which it is about to engage; and (iv) is not “insolvent” within the meaning of Section 101(32) of the Bankruptcy Code. Statutory Reserves - on any date, the percentage (expressed as a decimal) established by the Board of Governors which is the then stated maximum rate for all reserves (including any emergency, supplemental or other marginal reserve requirements) applicable to any member bank of the Federal Reserve System in respect to Eurocurrency Liabilities (or any successor category of liabilities under Regulation D). Such reserve percentage shall include those imposed pursuant to Regulation D. The Statutory Reserve shall be adjusted automatically on and as of the effective date of any change in such percentage. Subordinated Debt - Debt of any or all Borrowers that is fully and absolutely subordinated in right of payment to the Obligations in a manner satisfactory to Agent. Subsidiary - any Person in which more than 20% of its outstanding Voting Stock or more than 20% of all Equity Interests is owned directly or indirectly by a Borrower, by one or more other Subsidiaries of a Borrower or by a Borrower and one or more other Subsidiaries. SunTrust - SunTrust Bank, formerly known as SunTrust Bank, Atlanta. SunTrust Documents - the SunTrust Lease Documents, the SunTrust LC Agreement and the SunTrust Swap Documents. SunTrust LC Agreement - the Amended and Restated Replacement Credit Agreement dated May 15, 2002, among SunTrust and Borrowers. SunTrust Lease - the Master Agreement dated as of August 27, 1999, among Borrowers, AFG, the “Lenders” thereunder and SunTrust, as agent for the “Lenders” thereunder, as amended by the First Modification to Synthetic Lease Financing Operative Documents dated as of October 11, 2000, and the Omnibus Amendment dated as of May 15, 2002. SunTrust Lease Adjustment - any required adjustment to Borrowers’ Consolidated financial statements in connection with or as a result of the conversion of the...
Settlement Report a report delivered by Agent to the Applicable Lenders summarizing the Revolver Loans and, if applicable, participations in LC Obligations outstanding as of a given settlement date, allocated to the Applicable Lenders on a Pro Rata basis in accordance with their Revolver Commitments. Similar Business: any Person the majority of the revenues of which are derived from a business that would be permitted by Section 10.2.10 if the references to “Restricted Subsidiaries” in Section 10.2.10 were read to refer to such Person. Sixth Amendment Effective Date: September 23, 2022.