Beneficial Ownership Rule means 31 C.F.R. § 1010.230.
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. "Benefit Plan" means each (i) employee pension benefit plan (as defined in Section 3(2) of ERISA) that are subject to Title I of ERISA, (ii) plan described in Section 4975(e)(1) of the Code, including individual retirement accounts or Xxxxx Plans that are not exempt under Section 4975(g) of the Code and (iii) any entity whose underlying assets include "plan assets" (as defined in Section 3(42) of ERISA and Department of Labor Regulations Section 2510.3-101) by reason of an employee benefit plan's or plans' investment in such entities. "Blocked Account Control Agreement" means the Amended and Restated Blocked Account Control Agreement, dated as of December 31, 2020, by and among DFC, the Administrative Agent, and the Lockbox Bank, as such agreement may be amended or supplemented from time to time. "Borrower" has the meaning given to such term in the Preamble. "Borrower Basic Documents" means all Basic Documents to which the Borrower is a party or by which it is bound. "Borrower's Account" means the bank account of the Borrower, as notified to the Administrative Agent from time to time in writing by the Borrower,. "Borrowing Base" means, as of any date of determination, an amount equal to (i) the difference of (a) the Net Eligible Pool Balance as of such date, after giving effect to the related additions or removals of Receivables on such date, minus (b) the Required Overcollateralization as of such date, minus (c) the aggregate Adjusted Principal Balance of all Receivables that are owned by the Borrower on such date, after giving effect to the related additions or removals of Receivables on such date, for which either (1) no Certificate of Title of the type described in clause (i) or (ii) of the definition thereof was obtained by the 180th day following the day on which the related Receivable was originated or, without repetition, (2) a Certificate of Title of the type described in clause (i) or (ii) of the definition thereof was obtained that named “Southern Cascades Finance Corporation” as the secured party and a replacement Certificate of Title of the type described in clause (i) or (ii) of the definition thereof that names DFC, the Borrower or the Administrative Agent as secured party has not been obtained by June 30, 2021 (provided, that if any such Certificate of Title is obtained after such 180thday (in the case of
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. "Benefit Plan" means each (i) employee pension benefit plan (as defined in Section 3(2) of ERISA) that are subject to Title I of ERISA, (ii) plan described in Section 4975(e)(1) of the Code, including individual retirement accounts or Xxxxx Plans that are not exempt under Section 4975(g) of the Code and (iii) any entity whose underlying assets include "plan assets" (as defined in Section 3(42) of ERISA and Department of Labor Regulations Section 2510.3-101) by reason of an employee benefit plan's or plans' investment in such entities. "Borrower" has the meaning given to such term in the Preamble. "Borrower Basic Documents" means all Basic Documents to which the Borrower is a party or by which it is bound. "Borrower's Account" means the bank account of the Borrower, as notified to the Administrative Agent from time to time in writing by the Borrower,. "Borrowing Base" means, as of any date of determination, an amount equal to (i) the difference of (a) the Net Eligible Pool Balance as of such date, after giving effect to the related additions or removals of Receivables on such date, minus (b) the Required Overcollateralization as of such date, minus (c) the aggregate Adjusted Principal Balance of all Receivables that are owned by the Borrower on such date, after giving effect to the related additions or removals of Receivables on such date, for which no Certificate of Title of the type described in clause (i) or (ii) of the definition thereof was obtained by the 180th day following the day on which the related Receivable was originated (provided, that if any such Certificate of Title is obtained after such 180th day, the Adjusted Principal Balance of the related Receivable will no longer be deducted pursuant to this clause (c)), plus (ii) the amount of Collections in respect of principal payments that are on deposit in the Collection Account on such. "Borrowing Base Deficiency" means, as of any date of determination, the positive amount, if any, by which (i) the Loans Outstanding exceeds (ii) the Borrowing Base. "Breakage Costs" means (i) such amount or amounts as shall compensate any Lender for any actual loss, cost or expense (but excluding lost profits) incurred by such Lender (as reasonably determined by such Lender) as a result of any prepayment of a Loan (and interest thereon) that is made on less than three Business Days' prior written notice to the Lenders and (ii) such amount or amounts due to any Lender pursuant to Secti...
Examples of Beneficial Ownership Rule in a sentence
Promptly following any change that would result in a change to the status of the Seller as an excluded “Legal Entity Customer” under the Beneficial Ownership Rule, the Seller shall execute and deliver to the Agent a Certification of Beneficial Owner(s) complying with the Beneficial Ownership Rule, in form and substance reasonably acceptable to the Agent.
Promptly following any request therefor, the Seller shall deliver to the each Financial Institution all documentation and other information required by bank regulatory authorities requested by such Financial Institution for purposes of compliance with applicable “know your customer” requirements under the Patriot Act, the Beneficial Ownership Rule or other applicable anti-money laundering laws, rules and regulations.
Each of the Borrower and the Servicer agrees to provide the Administrative Agent and each other Credit Parties, from time to time, with all documentation and other information required by bank regulatory authorities under “know your customer” and anti-money laundering rules and regulations, including, without limitation, the PATRIOT Act and the Beneficial Ownership Rule.
Promptly following any change that would result in the Borrower being a Legal Entity Customer under the Beneficial Ownership Rule, the Borrower shall notify the Administrative Agent of such change and shall deliver to the Administrative Agent such information and shall complete such forms as are reasonably requested by the Administrative Agent for purposes of complying with the Beneficial Ownership Rule, in each case in form and substance reasonably acceptable to the Administrative Agent.
As of the Closing Date, the Seller is an entity that is organized under the laws of the United States or of any state and is a Majority Owned Subsidiary of a Listed Entity and is excluded on that basis from the definition of “Legal Entity Customer” as defined in the Beneficial Ownership Rule.
More Definitions of Beneficial Ownership Rule
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. "Benefit Plan" means each (i) employee pension benefit plan (as defined in Section 3(2) of ERISA) that are subject to Title I of ERISA, (ii) plan described in Section 4975(e)(1) of the Code, including individual retirement accounts or Xxxxx Plans that are not exempt under Section 4975(g) of the Code, and (iii) any entity whose underlying assets include "plan assets" (as defined in Section 3(42) of ERISA and Department of Labor Regulations Section 2510.3- 101) by reason of an employee benefit plan's or plans' investment in such entities. "Borrower" has the meaning given to such term in the Preamble. "Borrower Basic Documents" means all Basic Documents to which the Borrower is a party or by which it is bound. "Borrower's Account" means the bank account of the Borrower, as notified to the Administrative Agent from time to time in writing by the Borrower. "Borrowing Base" means, as of any date of determination, an amount equal to (i) the difference of (a) the Net Eligible Pool Balance as of such date, after giving effect to the related additions or removals of Receivables on such date, minus (b) the Required Overcollateralization as of such date, minus (c) the aggregate Adjusted Principal Balance of all Receivables that are owned by the Borrower on such date, after giving effect to the related additions or removals of
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. "Benefit Plan" means each (i) employee pension benefit plan (as defined in Section 3(2) of ERISA) that are subject to Title I of ERISA, (ii) plan described in Section 4975(e)(1) of the Code, including individual retirement accounts or Xxxxx Plans that are not exempt under Section 4975(g) of the Code, and (iii) any entity whose underlying assets include "plan assets" (as defined in Section 3(42) of ERISA and Department of Labor Regulations Section 2510.3-101) by reason of an employee benefit plan's or plans' investment in such entities. "Borrower" has the meaning given to such term in the Preamble. "Borrower Basic Documents" means all Basic Documents to which the Borrower is a party or by which it is bound. "Borrower's Account" means the bank account of the Borrower, as notified to the Administrative Agent from time to time in writing by the Borrower.
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. “BGE Home Receivable” means all indebtedness and other obligations of any obligor, whether constituting an account, chattel paper, instrument or general intangible, arising in connection with the providing heating and air conditioning installations and repairs along with plumbing repairs, in each case, by the BGE Home division. “Billed-by-Originator Receivable” means any End-User Receivable other than a Billed- by-Utility Receivable. “Billed-by-Utility Obligor” means any Obligor with respect to which any of its Receivables are subject to a Billed-by-Utility Program. “Billed-by-Utility Program” means a program pursuant to which a Utility agrees to xxxx Receivables on behalf of an Originator and for which such bills are consolidated to include both Delivery Charges owing to such Utility as well as all amounts owing to such Originator under the related Receivable. “Billed-by-Utility Receivable” means any Receivable billed or contracted to be billed, as the case may be, by a Utility on behalf of an Originator to pursuant to a Billed-by-Utility Program. “Broken Funding Costs” means for any Capital of any Purchaser which: (i) is reduced for any reason on any day other than a Settlement Date, (ii) is initially funded at Term SOFR and is converted to another rate on any day other than a Settlement Date or (iii) is assigned, transferred or funded pursuant to a Funding Agreement or otherwise transferred or terminated on a date prior to the date on which it was originally scheduled to end; an amount equal to the excess, if any, of (A) the CP Costs or Financial Institution Yield (as applicable) that would have accrued during the remainder of the Settlement Periods or the tranche periods for Commercial Paper determined by the applicable Purchaser Agent or Agent to relate to such Capital (as applicable) subsequent to the date of such reduction, conversion, assignment, transfer, funding or termination of such Capital if
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. “BMO” means BMO Harris Bank N.A.
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. “BSBY” means the Bloomberg Short Term Bank Yield Index, as administered by the BSBY Administrator. “BSBY Administrator” means Bloomberg Index Services Limited (or a successor administrator of BSBY selected by the Buyer in its discretion). “BSBY Rate” means, for any Discount Period, BSBY for a tenor comparable to such Discount Period, as such rate is published by the BSBY Administrator on the first day of such period (such day, the “BSBY Rate Determination Day”); provided that, (i) if the BSBY Administrator does not publish BSBY for a tenor comparable to such period, the BSBY Rate shall be determined by the Buyer by linear interpolation of the nearest two (2) tenors of BSBY that are so published, as such rate is otherwise determined pursuant to the terms of this definition, and (ii) if on any BSBY Rate Determination Day the BSBY Rate for the applicable tenor is not published by the BSBY Administrator, then the BSBY Rate shall be BSBY for the applicable tenor as most recently published by the BSBY Administrator. Notwithstanding the foregoing, if the BSBY Rate as determined above would be less than 0%, then the BSBY Rate shall be deemed to be 0.001% for purposes of the Agreement. “Business Day” means any day that is not a Saturday, Sunday or other day on which banks in New York City are required or permitted to close. “Buyer” has the meaning set forth in the preamble hereto. “Buyer’s Account” means the account specified as such in Exhibit G hereto, or such other bank account identified in writing by the Buyer to Seller from time to time. “Capital Stock” means, with respect to any Person, any and all common shares, preferred shares, interests, participations, rights in or other equivalents (however designated) of such Person’s capital stock, partnership interests, limited liability company interests, membership interests or other equivalent interests and any rights (other than debt securities convertible into or exchangeable for capital stock), warrants or options exchangeable for or convertible into such capital stock or other equity interests. Exhibit A-3 750740423 19632855
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. “Beneficial Ownership Certification” means, for the Seller, a certification of the Seller as to its beneficial owner(s) complying with the Beneficial Ownership Rule.
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. “Benefit Plan” means any employee benefit pension plan as defined in Section 3(2) of ERISA in respect of which the Seller, any Originator, Xxxxxx Tire or any ERISA Affiliate is, or at any time during the immediately preceding six years was, an “employer” as defined in Section 3(5)