Auction Party has the meaning set forth in the definition of “Dutch Auction”.
Obligated Party has the meaning assigned to such term in Section 10.02.
Financially Evaluated Entity means the company which has been evaluated for the satisfaction of the financial requirement set forth in Clause 2.1.3 hereof;
Purchasing Borrower Party means Holdings or any subsidiary of Holdings.
Transaction Party means the Company and each Guarantor, collectively, “Transaction Parties”.
Independently procured insurance means insurance procured under Section 31A-15-104.
Financial Parties The Noteholders and the Certificateholders.
Indemnitor has the meaning set forth in Section 12.3.
Respondent Party has the meaning set forth in Section 7.6(b).
Borrower Party Affiliate means, with respect to the Mortgage Loan Borrower, a manager of the Mortgaged Property or an Accelerated Mezzanine Loan Lender, (a) any other Person controlling or controlled by or under common control with such Mortgage Loan Borrower, manager or Accelerated Mezzanine Loan Lender, as applicable, or (b) any other Person owning, directly or indirectly, 25% or more of the beneficial interests in such Mortgage Loan Borrower, manager or Accelerated Mezzanine Loan Lender, as applicable. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise and the terms “controlling” and “controlled” have meanings correlative to the foregoing.
Borrower Affiliate shall have the meaning set forth in the Lead Securitization Servicing Agreement; provided that in the event that any Non-Lead Note is securitized in a Securitization, the term “Borrower Affiliate” as used in the definitions of “Non-Lead Note Holder” and “Non-Lead Note Holder Representative” shall refer to a “Borrower Affiliate” as defined in the related Non-Lead Securitization Servicing Agreement or such other analogous term used in the related Non-Lead Securitization Servicing Agreement.
Financially Literate means the ability to read and understand a set of financial statements that present a breadth and level of complexity of accounting issues that are generally comparable to the breadth and complexity of the issues that can reasonably be expected to be raised by the Corporation’s financial statements.
Independent Party means, with respect to a BDC Downstream Fund, (i) if the BDC Downstream Fund has a board of directors (or the equivalent), the board or (ii) if the BDC Downstream Fund does not have a board of directors (or the equivalent), a transaction committee or advisory committee of the BDC Downstream Fund.
Consolidated Party means any one of them.
Ultimate Parent Entity means a Constituent Entity of an MNE Group that meets the following criteria:
Lender Recipient Party means collectively, the Lenders, the Swing Line Lender and the L/C Issuer.
Minority group member means a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups:
Financial Counterparty has the meaning given to such term in, and shall be interpreted in accordance with, 12 C.F.R. 252.81, 12 C.F.R. 382.1 and 12 C.F.R. 47.2.
Independent Third Party means any Person who, immediately prior to a contemplated transaction, does not own in excess of 5% of the Company’s Common Units on a fully-diluted basis (a “5% Owner”), who is not controlling, controlled by or under common control with any such 5% Owner and who is not the spouse or descendant (by birth or adoption) of any such 5% Owner or a trust for the benefit of such 5% Owner and/or such other Persons.
Specified Guarantor means any Guarantor that is not an “eligible contract participant” under the Commodity Exchange Act (determined prior to giving effect to Section 11.12).
financial creditor means any person to whom a financial debt is owed and includes a person to whom such debt has been legally assigned or transferred to;
Obligors means the Borrower and the Guarantors.
Party/Parties means Buyer and Seller individually/collectively.
Ultimate Parent means a Company, which owns not less than fifty-one percent (51%) equity either directly or indirectly in the Parent and Affiliates.
Loan Party means the Borrower and each Guarantor.
Loan Parties means, collectively, the Borrower and each Guarantor.