Maximum Applicable Percentage definition

Maximum Applicable Percentage. Defined in the Fee Letter, which definition is incorporated herein by reference.

Maximum Applicable Percentage. Defined in the Fee Letter, which definition is incorporated herein by reference. “Maximum Purchase Price”: With respect to any Purchased Asset as of any date of determination, the amount equal to the product of (x) the Maximum Applicable Percentage for such Purchased Asset multiplied by (y) the Market Value of such Purchased Asset as of such date. “Maximum Purchased Asset PPV Requirement”: Defined in the Fee Letter, which definition is incorporated herein by reference. “Mezzanine Loan”: A performing mezzanine loan secured by pledges of 100% of the Equity Interests of the Mortgagor or an Affiliate of the Mortgagor under the related Whole Loan. “Mezzanine Loan Documents”: With respect to any Purchased Asset that is a Mezzanine Loan, the Mezzanine Note, those documents executed in connection with, evidencing or governing such Mezzanine Loan and the Mortgage Loan Documents for the related Whole Loan including, without limitation, those documents which are required to be delivered to Custodian under the Custodial Agreement (which documents so required to be delivered to Custodian shall only be required to include, for the avoidance of doubt, copies of the Mortgage Loan Documents for the related Whole Loan). “Mezzanine Note”: The original executed promissory note or other tangible evidence of Mezzanine Loan indebtedness. “Minimum Purchased Asset Debt Yield Requirement”: Defined in the Fee Letter, which definition is incorporated herein by reference. “Moody’s”: Xxxxx’x Investors Service, Inc. or, if Xxxxx’x Investors Service, Inc. is no longer issuing ratings, another nationally recognized rating agency reasonably acceptable to Buyer. “Mortgage”: Any mortgage, deed of trust, assignment of rents, security agreement and fixture filing, or other instruments creating and evidencing a lien on real property and other property and rights incidental thereto. “Mortgage Asset File”: The meaning specified in the Custodial Agreement. “Mortgage Loan Documents”: With respect to any Whole Loan, those documents executed in connection with and/or evidencing or governing the related Whole Loan, including, without limitation those that are required to be delivered to Custodian under the Custodial Agreement. “Mortgage Note”: The original executed promissory note or other evidence of the indebtedness of a Mortgagor with respect to a commercial mortgage loan. -22- LEGAL02/38049601v7

Maximum Applicable Percentage. For each Purchased Asset as of any date, the maximum applicable percentage determined by Buyer for such Purchased Asset on the Purchase Date and set forth in the Confirmation for such Purchased Asset, and which in no event shall exceed seventy-five percent (75%).

Examples of Maximum Applicable Percentage in a sentence

• Performance Goal Categories One or more performance goals will be set in various goal categories, including, but not necessarily limited to, Company performance, Functional/Departmental performance, and Individual performance.

• Buyer and Seller agree that, so long as the conditions set forth in Section 1.c of the Additional Terms and Conditions of this Confirmation are complied with, the Purchase Price, Market Value, Applicable Percentage and Maximum Applicable Percentage of the Mortgage Loan under this Confirmation shall include the principal amount of the Mezzanine Loan and the Market Value of the Mezzanine Loan.

• If at any time, any of the terms and conditions set forth in such Section 1.c are not complied with, the Repurchase Date for the Mortgage Loan shall, upon written notice from Buyer to Seller, be immediately deemed to occur and the Purchase Price, Market Value, Applicable Percentage and Maximum Applicable Percentage of the Mortgage Loan shall be recalculated without giving effect to the principal amount of the Mezzanine Loan or the Market Value of the Mezzanine Loan.

• Subject to Section 1, and without limiting the parties' relative rights and obligations under the Merger Agreement, if any additional shares of Issuer Common Stock are issued after the date of this Agreement (other than pursuant to an event described in the first sentence of this Section 7(a)), the number of shares of Issuer Common Stock subject to the Option will be adjusted so that, after such issuance, it equates the Maximum Applicable Percentage.

• Subject to Section 1, and without limiting the parties' relative rights and obligations under the Merger Agreement, if any additional shares of Company Common Stock are issued after the date of this Agreement (other than pursuant to an event described in the first sentence of this Section 7(a)), the number of shares of Company Common Stock subject to the Option will be adjusted so that, after such issuance, it equates the Maximum Applicable Percentage.

More Definitions of Maximum Applicable Percentage

Maximum Applicable Percentage. For each Purchased Asset as of any date, the maximum applicable percentage determined by Buyer for such Purchased Asset on the related Purchase Date and set forth in the Confirmation for such Purchased Asset, not to exceed (a) seventy-five percent (75%) for all Eligible Assets other than Hotel Assets and (b) seventy percent (70%) for all Eligible Assets consisting of Hotel Assets.

Maximum Applicable Percentage. “Pledge Agreement”, “Pricing Margin”, “Repurchase Date”, and “Utilization Threshold Amount” as set forth in ARTICLE 2 of the Repurchase Agreement, are hereby amended and restated in their entirety to read as follows:

Maximum Applicable Percentage. For each Purchased Asset as of any date, the maximum applicable percentage determined by Buyer for such Purchased Asset on the related Purchase Date and set forth in the Confirmation for such Purchased Asset, not to exceed (a) seventy-five percent (75%) for all Eligible Assets consisting of Core Purchased Assets other than Hotel Assets and CMBS Purchased Assets, (b) seventy percent (70%) for all Eligible Assets consisting of Core Purchased Assets which are Hotel Assets, (c) sixty-five percent (65%) for all Eligible Assets consisting of Flex Purchased Assets other than Hotel Assets, (d) sixty percent (60%) for all Eligible Assets consisting of Flex Purchased Assets which are Hotel Assets and, (e) for CMBS Purchased Assets, eighty-five percent (85%), or such lower Applicable Percentage as may be required based on the maximum LTV Ratio and minimum Debt Yield for the applicable CMBS Purchased Asset, in accordance with the CMBS Pricing Margin Table.

Maximum Applicable Percentage. For each Purchased Asset as of any date, the maximum applicable percentage determined by Buyer for such Purchased Asset on the related Purchase Date and set forth in the Confirmation for such Purchased Asset, not to exceed (a) seventy-five percent (75%) for all Eligible Assets consisting of Core Purchased Assets other than Hotel Assets and CMBS Purchased Assets, (b) seventy percent (70%) for all Eligible Assets consisting of Core Purchased Assets which are Hotel Assets, (c) sixty-five percent (65%) for all Eligible Assets consisting of Flex Purchased Assets other than Hotel Assets, (d) sixty percent (60%) for all Eligible Assets consisting of Flex Purchased Assets which are Hotel Assets and, (e) for CMBS Purchased Assets, eighty-five percent (85%), or such lower Applicable Percentage as may be required based on the maximum LTV Ratio and minimum Debt Yield for the applicable CMBS Purchased Asset, in accordance with the CMBS Pricing Margin Table.