SPE Sample Clauses
SPE. If Borrower fails to maintain its status as a Special Purpose Entity, breaches any representation or fails to comply with any warranty or covenant set forth in Section 4.1.30 hereof, and such failure and/or breach was cited as a material factor in the substantive consolidation of the assets of Borrower in a bankruptcy of Guarantor or any other Person;
SPE. Any special purpose Affiliate of HPSC.
SPE. Lessor shall at all times be a Special Purpose Bankruptcy Remote Entity.
SPE. Lessor is and has at all times since its formation been a Special Purpose Bankruptcy Remote Entity.
SPE. Skills Performance Evaluation.
SPE. “incur” (and derivatives thereof) means to, directly or indirectly, create, incur, assume, issue, guarantee, extend the maturity of, or otherwise become liable with respect to any Indebtedness; provided, however, that neither the accrual of interest (whether such interest is payable in cash or kind) nor the accretion of original issue discount shall be considered an incurrence of Indebtedness.
SPE. Manager agrees that it shall not perform its duties under the Management Agreement or otherwise act in a manner that would result in Borrower's failure to be a "Special Purpose Bankruptcy Remote Entity" as defined in the Loan Agreement (a copy of which definition has been received by Manager).
SPE. Manager agrees that it shall not perform its duties under the Management Agreement or otherwise act in a manner that would result in Owner’s or Operating Lessee’s failure to comply with the Borrower SPE Requirements.
SPE. 1 Borrower represents that it is a limited liability company duly organized and existing in good standing under the laws of the State of Delaware.