DYT Asset definition
Examples of DYT Asset in a sentence
With respect to all DYT Assets, as of each date upon which a DYT Asset is conveyed to Buyer pursuant to Section 3.04, Seller shall be deemed to make the DYT Asset Representations to Buyer as to such DYT Asset conveyed to Buyer on such date.
Seller shall deliver the Post-Closing DYT Asset Certificate to Buyer within thirty (30) days after the date hereof; provided, however, that upon Seller’s failure to timely comply with this covenant, the Rate Step-Up shall apply to the Initial Transaction Asset for each day after the expiration of said thirty (30) day period until the Post-Closing DYT Asset Certificate is delivered to Buyer, and such failure shall not be deemed an Event of Default hereunder.
Notwithstanding anything herein to the contrary, a future decrease in the Market Value of any DYT Asset shall neither (i) constitute an Event of Default hereunder nor (ii) require Seller to tender to Buyer any additional assets for inclusion in the DYT Asset Pool.
Seller has not selected the DYT Assets included in the DYT Asset Pool on the date hereof in a manner so as to adversely affect Buyer’s interests.
Within three (3) Business Days after the giving of the Initial DYT Notice, Seller shall submit to Buyer and ▇▇▇▇▇▇▇ (i) a Variance Statement as to each DYT Asset identified in the Initial DYT Notice and (ii) a complete DYT Asset Due Diligence Package for each DYT Asset specified in the Initial DYT Notice.
Within five (5) Business Days after such submission by Seller, Buyer and ▇▇▇▇▇▇▇ shall make their selection of the DYT Asset that Buyer and ▇▇▇▇▇▇▇ wish to become Transaction Assets hereunder and under the ▇▇▇▇▇▇▇ MRA to effect such Debt Yield Test Cure and shall notify Seller thereof (a “DYT Notice”).
From time to time, Seller shall forward to the Custodian additional original documents or additional documents evidencing any assumption, modification, consolidation or extension of any DYT Asset that has become a Transaction Asset as permitted pursuant to the terms of this Agreement and the Transaction Documents, and upon receipt of any such other documents, the Custodian shall hold such other documents as Buyer shall request from time to time in accordance with the Custodial Agreement.
Notwithstanding the foregoing, (A) a complete Preliminary Due Diligence Package for Citi Assets need include only the summary memorandum described in clause (i) of the definition of Preliminary Due Diligence Package, and (B) [with respect to DYT Assets initially selected by Buyer under Section 3.04(a), Seller shall be required to submit a DYT Asset Due Diligence Package within the time specified in Section 3.04(a)].
Notwithstanding the foregoing, (A) a complete Preliminary Due Diligence Package for GS Assets need include only the summary memorandum described in clause (i) of the definition of Preliminary Due Diligence Package, and (B) with respect to DYT Assets initially selected by Buyer under Section 3.04(a), Seller shall be required to submit a DYT Asset Due Diligence Package within the time specified in Section 3.04(a).