Qualified Bailee definition
Qualified Bailee means a bailee, carrier, processor or other such Person from time to time in possession or control of any Borrower’s Inventory or documents of title related thereto who has executed a Collateral Access Agreement in favor of Administrative and Collateral Agent.
Qualified Bailee means a bailee, carrier, processor or other such Person from time to time in possession or control of any Borrower’s Inventory or documents of title related thereto who has executed a Collateral Access Agreement in favor of Agent.
Qualified Bailee means a bailee, carrier, processor or other such Person from time to time in possession or control of any Borrower’s Inventory or documents of title related thereto who has executed a Collateral Access Agreement in favor of Agent. “Qualified Cash” means, as of any date of determination, the aggregate amount of (a) cash which is in a deposit account or an overnight investment account (but not a checking or disbursement account) which is subject to Agent’s first priority perfected security interest pursuant to an appropriate Control Agreement applicable to such account, (b) with respect to which Agent has received evidence of the available balances thereof from the bank or other financial institution at which such account is maintained which confirm such amounts and (c) which is not pledged or deposited to secure any obligations of any Borrower other than the Obligations and any other secured Indebtedness permitted under clause (w) of the definition of Permitted Indebtedness, other than a pledge of the cash in such deposit account or overnight investment account, as the case may be, to secure the obligations that may be owed to the deposit account bank or the securities intermediary or firm for depository or investment services relating to such account so long as such lien or pledge is subject to an appropriate Control Agreement. “Qualified ECP Guarantor” means, in respect of any Swap Obligations, each Borrower or Guarantor that has total assets exceeding $10,000,000 at the time the grant of the relevant security interest becomes effective with respect to such Swap Obligation or such other Person as constitutes an “eligible contract participant” under the Commodity Exchange Act or any regulations promulgated thereunder and can cause another Person to qualify as an “eligible contract participant” at such time by entering into a keepwell under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act. “Qualified Equity Interests” means and refers to any Equity Interests issued by Administrative Borrower (and not by one or more of its Subsidiaries) that is not a Disqualified Equity Interest. “Quarterly Average Excess Availability” means, at any time, the average of the Excess Availability for the immediately preceding fiscal quarter as calculated by Agent. “R&W Insurance” means any representation and warranty insurance payable issued to any Loan Party, including pursuant to the Buyer-Side Representations and Warranties Insurance Policy (Policy Number: 017551146) d...