Funds Certain Provisions definition

Funds Certain Provisions as defined in Section 6.2.
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Funds Certain Provisions with respect to perfection of Liens on assets acquired in an Investment permitted hereunder, to perfect and maintain the validity, effectiveness and (to the extent required hereby) priority of any of the Collateral Documents and the Liens intended to be created thereby, and (iv) to better assure, grant, preserve, protect and confirm to the Secured Parties the rights granted or now or hereafter intended to be granted to the Secured Parties under any Loan Document; provided that the Credit Parties shall not be required to deliver (A) with respect to any deposit, securities, commodities or other similar accounts created or acquired by any Credit Party after the Effective Date, Control Agreements satisfying the requirements of Section 5.11 with respect to such accounts until one hundred twenty (120) days after the applicable date of creation or acquisition and (B) with respect to any location of the Credit Parties at which Collateral with an aggregate fair market value in excess of $1,000,000 is located after the Effective Date, landlord agreement or bailee or mortgage waiver with respect to such location satisfying the requirements of Section 5.12 until sixty (60) days after the date Collateral at such location exceeds $1,000,000.
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Funds Certain Provisions with respect to perfection of Liens on assets acquired in an Investment permitted hereunder, to perfect and maintain the validity, effectiveness and (to the extent required hereby) priority of any of the Collateral Documents and the Liens intended to be created thereby, and (iv) to better assure, grant, preserve, protect and confirm to the Secured Parties the rights granted or now or hereafter intended to be granted to the Secured Parties under any Loan Document; provided that the Credit Parties shall not be required to deliver with respect to any location of the Credit Parties at which Collateral with an aggregate fair market value in excess of $1,000,000 is located after the Effective Date, landlord agreement or bailee or mortgage waiver with respect to such location satisfying the requirements of Section 5.12 until sixty (60) days after the date Collateral at such location exceeds $1,000,000.”
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Examples of Funds Certain Provisions in a sentence

  • The Administrative Agent shall have received each of the Loan Documents, subject to the Funds Certain Provisions, required to be entered into on the Acquisition Effective Date, executed and delivered by each Loan Party that is party thereto.

  • Same as the Existing Credit Agreement subject in each case to the Funds Certain Provisions.

  • Notwithstanding the foregoing, the Senior Subordinated Bridge Documentation will contain only those mandatory repayments, representations, warranties, covenants and events of default expressly set forth (or referred to) in this Term Sheet, and only the conditions to borrowing set forth or referred to in Exhibit D to the Commitment Letter (subject to the Funds Certain Provisions).

  • For purposes of clarity, increases in the Aggregate Revolving Commitments shall not be subject at any time to the Incremental Funds Certain Provisions.

  • Parent shall not take any action, or fail to take any action, that would result in, or that would reasonably be expected to result in, a breach or default in, or a failure to satisfy, any Funds Certain Provisions (as defined in the Debt Letters) under the Debt Letters.

  • Notwithstanding the foregoing, the requirements of the preceding paragraphs of this “Security” section shall be, as of the Closing Date, subject to the Funds Certain Provisions.

  • Subject to the Funds Certain Provisions, all documents and instruments required to create and perfect the Administrative Agent’s security interest in the Collateral shall have been executed and delivered by the Borrower and the Guarantors (as such terms are defined in Exhibit B) and, if applicable, be in proper form for filing.

  • Subject to the Funds Certain Provisions, (i) the Collateral Agent shall have a perfected, first priority security interest in and lien on all “Collateral” under, and as defined in, the UNA Existing ABL Facility, (ii) all filings, recordations and searches necessary in connection with such liens and security interests shall have been duly made and (iii) all filings and recording fees and taxes shall have been duly paid.

  • For purposes of clarity, increases in the Aggregate Revolving Commitments shall not be subject, at any time, to the Incremental Funds Certain Provisions.

  • Solely with respect to the Replacement ABL Facility (if applicable), subject to the Funds Certain Provisions, (i) the ABL Administrative Agent shall have a perfected, first or second, as applicable, priority security interest in the collateral, subject to permitted liens, (ii) all filings, recordations and searches necessary in connection with such liens and security interests shall have been duly made, and (iii) all filings and recording fees and taxes shall have been duly paid.


More Definitions of Funds Certain Provisions

Funds Certain Provisions has the meaning specified in Section 4.01(h).
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Funds Certain Provisions means the representations and warranties set forth in Sections 3.1, 3.2, 3.3, 3.4, 3.5, 3.8, 3.11, 3.13, 3.14, 3.26 and 3.27.
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Funds Certain Provisions or “SunGard” provisions otherwise agreed to by the Lenders providing such Additional Facilities) and from time to time after the SecondFifth Amendment Effective Date, to obtain and incur from one or more existing Lenders and/or other Persons that are Eligible Assignees and which, in each case, agree to provide commitments or to make loans to the applicable Borrower in an aggregate principal amount not to exceed the Dollar Equivalent of the Additional Facility Limit, which loans may be incurred as (i) one or more tranches of additional term loans available to one or more Borrowers (the “Additional Term Loans”) as allocated by Company and the Lenders providing such Additional Term Loans under a facility that would provide that the Additional Term Loans would have a Weighted Average Life to Maturity of not less than the existing Term Loans with the then longest Weighted Average Life to Maturity (except to the extent that any such Additional Term Loans replace, renew, refinance, extend, defease, or restructure the Dollar Senior Notes (20202023), the Dollar Senior Notes (2025), the Dollar Senior Notes (2026), the Euro Senior Notes (2023), the Euro Senior Notes (2024) or the Euro Senior Notes (20202027)), and a final maturity no earlier than the latest existing Term Maturity Date (except to the extent that any such Additional Term Loans replace, renew, refinance, extend, defease, or restructure the Dollar Senior Notes (20202023), the Dollar Senior Notes (2025), the Dollar Senior Notes (2026), the Euro Senior Notes (2023), the Euro Senior Notes (2024) or the Euro Senior Notes (20202027)); provided that the terms and conditions of any Additional Term Loans, taken as a whole, shall be substantially similar to, or less favorable to the Lenders or New Lenders providing such Additional Term Loans, than those applicable to the existing Term Facilities taken as a whole (other than as to term, pricing, fees and other economic terms), except for covenants and other provisions applicable only to periods after the earlier to occur of the date that all other Term Loans are paid in full (other than contingent indemnification obligations not then due) and the latest Term Maturity Date at the time such Additional Term Loans are incurred (without regard to the maturity date for such Additional Term Loans); provided, however, that (X) to the extent the terms and conditions of such Additional Term Loans are not consistent with one or more of the existing Term Facilities (except to...
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Related to Funds Certain Provisions

  • Specific Redemption Provisions means, with respect to a Special Dividend Period either, or any combination of, (i) a period (a "Non-Call Period") determined by the Board of Directors of the Corporation, after consultation with the Auction Agent and the Broker-Dealers, during which the shares of AMPS subject to such Dividend Period shall not be subject to redemption at the option of the Corporation and (ii) a period (a "Premium Call Period"), consisting of a number of whole years and determined by the Board of Directors of the Corporation, after consultation with the Auction Agent and the Broker-Dealers, during each year of which the shares of AMPS subject to such Dividend Period shall be redeemable at the Corporation's option at a price per share equal to $25,000 plus accumulated but unpaid dividends plus a premium expressed as a percentage of $25,000, as determined by the Board of Directors of the Corporation after consultation with the Auction Agent and the Broker-Dealers.

  • Redemption Provisions Initial Redemption Date: Initial Redemption Percentage: Annual Redemption Percentage Reduction, if any: Repayment Provisions: Optional Repayment Date(s):

  • ESG Pricing Provisions has the meaning specified in Section 2.18.

  • Special Provisions Special Provisions are specific conditions or requirements peculiar to the contract under consideration and are supplemental to the General Provisions. Should the Special Provisions conflict with the General Provisions, the Special Provisions shall prevail.

  • Supplemental Provisions means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education.

  • Relevant Provisions means, in respect of the Determination Agent, the provisions of the Determination Agency Agreement, the Trust Deed, and the Conditions.

  • Arrangement Provisions means Part 9, Division 5 of the BCBCA;

  • Subordination Provisions has the meaning specified in Section 8.01(l).

  • Indemnification Provisions means each of the Debtors’ indemnification provisions currently in place whether in the Debtors’ bylaws, certificates of incorporation, other formation documents, board resolutions, or contracts for the current and former directors, officers, managers, employees, attorneys, other professionals, and agents of the Debtors and such current and former directors’, officers’, and managers’ respective Affiliates.

  • Standard Provisions mean these Standard Provisions that form a part of the Certificate of Designations relating to the Designated Preferred Stock.

  • Surviving Provisions has the meaning specified in Section 10.02.

  • Special Conditions of Contract means the pages completed by the Procuring Entity entitled Special Conditions of Contract which constitute Part A of the Special Conditions.

  • Conflicts of Interest Policy means our policy on potential conflicts of interest that may arise in providing our services and how we manage them.

  • statutory provision means a provision of an Act or of an instrument made under an Act.

  • REIT Provisions of the Code means Sections 856 through 860 of the Code and any successor or other provisions of the Code relating to real estate investment trusts (including provisions as to the attribution of ownership of beneficial interests therein) and the regulations promulgated thereunder.

  • Additional Provisions shall have the meaning set forth in Section 15.01.

  • Other Definitional Provisions set forth in Section 1.2 of the Basic Servicing Agreement are incorporated by reference into this 2017-3 Servicing Supplement.

  • Adjustment Provisions means all relevant provisions of these Conditions which provide for any adjustment, delay, modification, cancellation or determination in relation to an Index, the valuation procedure for an Index or the Preference Shares. This shall include the provisions of Condition 11 (Calculation Agent Modifications) and all subsequent Conditions.

  • General Provisions means those portions of the Subscription Agreement headed “General Provisions” and contained on pages 7 to 12;

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • Transfer Provisions means the provisions of Section 00-00-000 of the FILOT Act, as amended or supplemented from time to time, concerning, among other things, the necessity of obtaining County consent to certain transfers. Any reference to any agreement or document in this Article I or otherwise in this Fee Agreement shall include any and all amendments, supplements, addenda, and modifications to such agreement or document.

  • Conditions of Tender means the Conditions of Tender for the said land as set out in Annexure A;

  • Events of Default has the meaning specified in Section 6.01.

  • Non-Consolidation Opinion means that certain substantive non-consolidation opinion delivered to Lender by Xxxxx Day in connection with the closing of the Loan.

  • General Conditions of Contract means the ‘Instructions to Tenderers’ and ‘General Conditions of Contract’ pertaining to the work for which above tenders have been called for.

  • Form of Note means the “Form of Note” attached hereto as Exhibit A.