Defeasance Documents definition

Defeasance Documents shall have the meaning set forth in Section 14.4(b)(ii) hereof.
Defeasance Documents means this Agreement; the Note; the Account Agreement; the Assignment and Assumption Agreement; the Modification, Waiver and Consent Agreement of even date herewith from Pledgee to Pledgor; the Certificate of Borrower executed by Pledgor of even date herewith; and all financing statements filed in connection with this Agreement, all as amended, continued or otherwise modified.
Defeasance Documents. This Agreement; the Note; the Loan Agreement; the Defeasance Assignment, Assumption and Release Agreement; the Defeasance Account Agreement; the Modification, Waiver and Consent, dated as of the Closing Date, by and between Pledgor and Pledgee; the Certificate of Borrower, dated as of the Closing Date, executed by Pledgor; and all financing statements filed in connection with this Agreement, all as amended, continued or otherwise modified, provided that for purposes of any assumption by Successor Borrower herein, the Waiver and Consent and Certificate of Borrower shall be excluded from this definition.

Examples of Defeasance Documents in a sentence

  • Except as modified by this Agreement and the other Defeasance Documents, the Loan Documents shall remain unchanged and in full force and effect.

  • Except as modified by this Agreement and the other Defeasance Documents, the Mortgage Loan Documents shall remain unchanged and in full force and effect.

  • So long as no Event of Default shall have occurred and be continuing, all distributions, cash, interest, earnings, return of capital or other payments made in respect of the Pledged Collateral shall be deposited in the Pledged Collateral Account and utilized in accordance with the provisions of the Defeasance Documents (which utilization shall include, without limitation, the payment of scheduled installments due under the Note and the final payment on the Maturity Date).

  • Notwithstanding the foregoing, from and after the date hereof, any new agreement pertaining to the Loan and any amendment, modification or extension of the Defeasance Documents may be made solely by Successor Borrower and Pledgee and shall not require the consent or execution of Pledgor.

  • Pledgor further acknowledges and agrees that all proceeds from the Pledged Collateral in excess of amounts due under the Defeasance Documents will be used to pay the reasonable expenses of Successor Borrower in making the payments due under the Defeasance Documents and managing its obligations under the Defeasance Documents and any balance will be the sole property of Successor Borrower.

  • Pledgor will not, and Pledgor will not permit any Person to, sell, assign, transfer, convey, pledge or otherwise dispose of all or any direct or indirect interest in Pledgor, without the prior written consent of Pledgee, until the earlier of the date on which (i) Pledgor has transferred all of its right, title and interest in the Pledged Collateral in accordance with the terms of the Defeasance Documents, or (ii) all Secured Obligations have been paid in full and satisfied.

  • The provisions set forth in this Section 5 shall survive any release of Pledgor by Pledgee set forth in the Defeasance Documents and any termination of this Agreement.

  • No such changes will increase Pledgor’s obligations under the Loan Documents and the Defeasance Documents that continue after the date of this Agreement as set forth in Section 5 above.

  • At all times, whether before or during the continuation of any Event of Default, all rights to enforce and collect payments in respect of the Pledged Collateral or to direct the disposition thereof shall be exercised exclusively by Pledgee and the proceeds of any such exercise shall be applied to Pledgor’s obligations under the Defeasance Documents.

  • Except where notice is specifically required by this Agreement or the other Defeasance Documents, no notice to or demand on Pledgor in any case shall entitle Pledgor to any other or further notice or demand in similar or other circumstances.


More Definitions of Defeasance Documents

Defeasance Documents. This Agreement; the Note; the Loan Agreement; the Defeasance Assignment, Assumption and Release Agreement; the Defeasance Account Agreement; the Modification, Waiver and Consent Agreement, dated as of the Closing Date, by and between Pledgor and Pledgee; the Certificate of Borrower, dated as of the Closing Date, executed by Pledgor; and all financing statements filed in connection with this Agreement, all as amended, continued or otherwise modified.
Defeasance Documents means all documents entered into or distributed in connection with the Existing Notes Defeasance.
Defeasance Documents means this Agreement, the Note, the Loan Agreement (to the extent defined terms and payment terms in the Loan Agreement are by reference incorporated in the Note), the Account Agreement, the Assumption Agreement, the Waiver and Consent and the Defeasance Certificate, all as amended, continued or otherwise modified, provided that, for purposes of any assumption by Successor Borrower herein, the Defeasance Waiver and Consent Agreement and the Defeasance Certificate shall be excluded from this definition.
Defeasance Documents means this Agreement, the Account Agreement, the Defeasance Assumption Agreement, the Waiver and Consent, the Defeasance Certificate, the Note, and all financing statements now or hereafter filed in connection with this Agreement and all other documents, instruments and agreements now or hereafter executed in connection with the Defeasance, all as amended, continued or otherwise modified; provided, that for purposes of any assumption of any obligations by the Successor Borrower under the Defeasance Assumption Agreement, the Waiver and Consent and the Defeasance Certificate shall be excluded from this definition.
Defeasance Documents shall have the meaning ascribed to such term in the Defeasance Pledge Agreement.

Related to Defeasance Documents

  • Defeasance Obligations means any of the following obligations:

  • Defeasance Date shall have the meaning set forth in Section 2.5.1(a)(i) hereof.

  • Defeasance Agent means another financial institution which is eligible to act as Trustee hereunder and which assumes all of the obligations of the Trustee necessary to enable the Trustee to act hereunder. In the event such a Defeasance Agent is appointed pursuant to this Section, the following conditions shall apply:

  • Defeasance Loan Those Mortgage Loans which provide the related Mortgagor with the option to defease the related Mortgaged Property.

  • Defeasance Deposit means an amount equal to the remaining principal amount of the Note, the Defeasance Payment Amount, any costs and expenses incurred or to be incurred in the purchase of U.S. Obligations necessary to meet the Scheduled Defeasance Payments and any revenue, documentary stamp or intangible taxes or any other tax or charge due in connection with the transfer of the Note or otherwise required to accomplish the agreements of Sections 2.4 and 2.5 hereof (including, without limitation, any fees and expenses of accountants, attorneys and the Rating Agencies incurred in connection therewith).

  • Defeasance Collateral means: (i) a Xxxxxxx Mac Debt Security, (ii) a Xxxxxx Mae Debt Security, (iii) U.S. Treasury Obligations, or (iv) FHLB Obligations.

  • Defeasance Period is defined in the Note, if applicable.

  • Defeasance Event shall have the meaning set forth in Section 2.5.1(a) hereof.

  • Defeasance Securities means (i) Federal Securities, (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the Commissioners Court adopts or approves proceedings authorizing the issuance of refunding bonds or otherwise provide for the funding of an escrow to effect the defeasance of the Bonds are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent, (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the Commissioners Court adopts or approves proceedings authorizing the issuance of refunding bonds or otherwise provide for the funding of an escrow to effect the defeasance of the Bonds, are rated as to investment quality by a nationally recognized investment rating firm no less than "AAA" or its equivalent, and (iv) any other then authorized securities or obligations under applicable State law that may be used to defease obligations such as the Bonds.

  • Scheduled Defeasance Payments shall have the meaning set forth in Section 2.5.1(b) hereof.

  • Legal Defeasance Option is defined in Section 4.01(b) of the Indenture.

  • Senior Finance Documents means the Revolving Credit Agreement and such other documents identified as “Senior Finance Documents” pursuant to the Revolving Credit Agreement.

  • Defeasance has the meaning specified in Section 1302.

  • Finance Documents means these Terms and Conditions, the Agency Agreement and any other document designated by the Issuer and the Agent as a Finance Document.

  • Covenant Defeasance Option is defined in Section 4.01(b) of the Indenture.

  • Subordinated Loan Documents means at any time the agreements and other documents then governing the Subordinated Indebtedness.

  • Senior Subordinated Note Documents means the Senior Subordinated Notes Indenture and all other instruments, agreements and other documents evidencing the Senior Subordinated Notes or providing for any guarantee or other right in respect thereof.

  • Subordinated Note Documents means the indenture under which the Subordinated Notes were issued and all other instruments, agreements and other documents evidencing or governing the Subordinated Notes or providing for any Guarantee or other right in respect thereof.

  • Second Lien Note Documents means the Second Lien Note Indenture, the Second Lien Notes, the Second Lien Security Documents and each other document, instrument or agreement relating to the issuance of the Second Lien Notes, as the same may be amended, restated, supplemented, waived and/or otherwise modified from time to time in accordance with the terms thereof, of this Agreement and of the Prepetition Intercreditor Agreement.

  • Senior Secured Note Documents means the Senior Secured Note Indenture, the Senior Secured Note Guarantees, the Senior Secured Notes, the Intercreditor Arrangements, any security document relating to the Senior Secured Notes and/or the Senior Secured Note Indenture and any other document that may be entered into pursuant to any of the foregoing.

  • Finance Document means this Agreement, any Fee Letter, any Accession Letter, any Resignation Letter and any other document designated as such by the Agent and the Company.

  • Credit Document means any of this Agreement, the Revolving Loan Notes, if any, the Collateral Documents, the Asset Purchase Agreement, any Receivables Purchase Agreement, the Servicing Agreement, the Backup Servicing Agreement, the Custodial Agreement and all other documents, instruments or agreements executed and delivered by Company or Holdings for the benefit of any Agent or any Lender in connection herewith.

  • Indenture Documents means (a) the Indenture, the Notes, the Security Documents and this Agreement and (b) any other related documents or instruments executed and delivered pursuant to the Indenture or any Security Document, in each case, as such agreements, documents or instruments may be amended, restated, supplemented or otherwise modified from time to time.

  • Second Lien Notes Documents means the Second Lien Notes, the Second Lien Notes Indenture, the Second Lien Notes Security Documents and all other documents executed and delivered with respect to the Second Lien Notes or Second Lien Notes Indenture, as in effect on the Effective Date and as the same may be amended, modified and/or supplemented from time to time in accordance with the terms hereof and thereof.

  • Transaction Security Documents means each of the documents listed as being a Transaction Security Document in paragraph 2(e) of Part I of Schedule 2 (Conditions Precedent) of the 2009 Financing Agreement and any document required to be delivered to the Administrative Agent under paragraph 3(d) of Part II of Schedule 2 (Conditions Precedent) of the 2009 Financing Agreement together with any other document entered into by any Obligor creating or expressed to create any Security over all or any part of its assets in respect of the obligations of any of the Obligors under any of the Finance Documents (and any other Debt Documents).

  • Senior Subordinated Note Indenture the Indenture entered into by the Borrower and certain of its Subsidiaries in connection with the issuance of the Senior Subordinated Notes, together with all instruments and other agreements entered into by the Borrower or such Subsidiaries in connection therewith, as the same may be amended, supplemented or otherwise modified from time to time in accordance with Section 7.9.