Examples of Issuer Affiliate in a sentence
No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Issuer, threatened by or against the Issuer or any Issuer Affiliate, or against any of its or their respective properties or revenues (a) with respect to this Note or any of the transactions contemplated hereby, or (b) that could reasonably be expected to have a Material Adverse Effect.
Issuer Affiliate: Any person involved in the organization or operation of the Issuer or an Affiliate of such a person which is also an affiliate within the meaning of Rule 3a-7 promulgated under the Investment Company Act.
If any of Customer's Issuer Affiliates or Customer's Merchant Affiliates elect to receive any of the Services, each such Customer's Issuer Affiliate and Customer's Merchant Affiliate shall be required to execute an Affiliate Agreement in substantially the form of Exhibit B hereto.
In no event shall FDR be required to perform any of the Services for any such Customer's Issuer Affiliate or Customer's Merchant Affiliates prior to the execution of an Affiliate Agreement by such Customer's Issuer Affiliate and Customer's Merchant Affiliate.
RESERVE ACCOUNT REQUIRED AMOUNT: 2.0% of the aggregate outstanding principal balance of the Contracts as of July 31, 2000; PROVIDED, HOWEVER, that if both the Class A Note Investor and the Class B Note Investor is an Issuer Affiliate, the Reserve Account Required Amount shall be zero.
After the occurrence of an Event of Default, all Class A Notes not held by an Issuer Affiliate shall accrue interest at the Prime Rate plus 2.0% (the "CLASS A DEFAULT RATE") and all Class B Notes not held by an Issuer Affiliate shall accrue interest at 25% per annum (the "CLASS B DEFAULT RATE").
Notwithstanding anything in this Indenture to the contrary, if either or both the Class A Note Investor or the Class B Note Investor is an Issuer Affiliate, all Notes held by such Issuer Affiliate shall be excluded from all voting hereunder and the amount of such Notes shall be deemed to be not Outstanding for determining the Outstanding Amount for purposes of voting, consents and the exercise of rights and remedies hereunder and for the purpose of SECTION 5.8(B).