Failed Loan Amount has the meaning set forth in Section 2.03(e).
Failed Loan Amount has the meaning set forth in Section 2.03(e). “Fair Market Value” means, with respect to any Railcar, the lesser of (i) the Depreciated Appraised Value of such Railcar and (ii) the Depreciated Purchase Price of such Railcar. “FATCA” means Sections 1471 through 1474 of the Code, as of the date of this Agreement (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future regulations or official interpretations thereof, any agreements entered into pursuant to Section 1471(b)(1) of the Code and any intergovernmental agreements entered into in connection with the implementation of such Sections. “Federal Funds Rate” means for any day the rate per annum (rounded upward, if necessary, to the nearest 1/100th of 1%) equal to the weighted average of the rates on overnight Federal funds transactions with members of the Federal Reserve System arranged by Federal funds brokers on such day, as published by the Federal Reserve Bank of New York on the Business Day next succeeding such day; provided that (i) if such day is not a Business Day, the Federal Funds Rate for such day shall be such rate on such transactions on the next preceding Business Day as so published on the next succeeding Business Day, and (ii) if no such rate is so published on such next succeeding Business Day, the Federal Funds Rate for such day shall be the average rate quoted to Credit Suisse AG, New York Branch, on such day on such transactions as determined by the Agent. “Federal Reserve Bank of New York’s Website” means the website of the Federal Reserve Bank of New York at xxxx://xxx.xxxxxxxxxx.xxx, or any successor source. “Finance Lease” has the meaning set forth in clause (ii)(B) of the definition of Eligible Lease. “Financing Notice” means a notice in substantially the form of Exhibit A-4 hereto, with appropriate insertions. “Floor” means 0.00%. “Follow-On Lease” has the meaning specified in Section 6.12. “FRA” means the Federal Railroad Administration Rules and Regulations, as such regulations are amended from time to time, or corresponding provisions of future regulations. “Full Service Lease” means a Lease substantially in the form of Exhibit J-1 or Exhibit J-2 hereto. 747656567 17557858 30 Fifth Amended and Restated Warehouse Loan Agreement