Affirmative Covenants The following affirmative covenants, among others, if any, to be negotiated in the Senior Facilities Documentation, will apply (to be applicable to the Borrower and its restricted subsidiaries), subject to customary (consistent with the Documentation Precedent) and other baskets, exceptions and qualifications to be agreed upon: maintenance of corporate existence and rights; performance and payment of obligations; delivery of annual and quarterly consolidated financial statements (accompanied by customary management discussion and analysis and (annually) by an audit opinion from nationally recognized auditors that is not subject to any qualification as to scope of such audit or going concern) (other than solely with respect to, or resulting solely from an upcoming maturity date under any series of indebtedness occurring within one year from the time such opinion is delivered) (with extended time periods to be agreed for delivery of the first annual and certain quarterly financial statements to be delivered after the Closing Date) and an annual budget (it being understood that the public REIT reporting that includes the Borrower shall satisfy the Borrower’s reporting obligations so long as it includes a consolidating income statement and balance sheet for the Borrower); delivery of notices of default and material adverse litigation, ERISA events and material adverse change; maintenance of properties in good working order; maintenance of books and records; maintenance of customary insurance; commercially reasonable efforts to maintain ratings (but not a specific rating); compliance with laws; inspection of books and properties; environmental; additional guarantors and additional collateral (subject to limitations set forth under the captions “Guarantees” and “Security”); further assurances in respect of collateral matters; use of proceeds; and payment of taxes.
Covenants means the covenants set forth in Section 4 of this Agreement.
(iv) the term eligible recipient’ means an indi- vidual or entity that is eligible to receive a covered loan;
(2) The term Director’ means the Director of
(v) The term Neighboring State’ means a coastal
Waiver Period means, for each applicable fee, the period of time from the initial effective date of the MIAX PEARL Fee Schedule until such time that the Exchange has an effective fee filing establishing the applicable fee. The Exchange will issue a Regulatory Circular announcing the establishment of an applicable fee that was subject to a Waiver Period at least fifteen (15) days prior to the termination of the Waiver Period and effective date of any such applicable fee.
(6) The term Secretary’ means the Secretary of
Negative Covenants The Postpetition Financing Documents shall contain negative covenants of the Borrower acceptable to the Lender.
(i) the term family’ means all persons re-
(4) The term Secretary’ means the Secretary
(G) the term location information’ means
(C) the term affiliate’ means a company that, by reason of ownership or control of 25 percent or more of the outstanding shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company.’’.
(34) The term dehumidifier’ means a self-contained, elec- trically operated, and mechanically encased assembly consisting of—
(15) The term data’ means recorded informa-
(18) The term Service’ means the Indian
(2) STATE.—The term State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(7) The term Secretary’ means the Secretary of
Ramp Period The Ramp Period begins on the Effective Date and ends after three (3) full months. At all times during the Ramp period, Customer will receive the rates, discounts, charges and credits in the agreement and will not be subject to an AVC. Annual Volume Commitment (“AVC”): Customer agrees to pay Company no less than $2,836,000 in Total Service Charges in each twelve-month period during the Initial Term (“Contract Year”), which is the Annual Volume Commitment (“AVC”).
(1) IN GENERAL.—The term qualified trade or business’ means any trade or business other than—
(19) The term Service Area’ means the geo-
(17) The term Indian lands’ means—
(20) The term commercial clothes washer’ means a soft- mount front-loading or soft-mount top-loading clothes washer that—
Services Commencement Date means the date delivery of the Services shall commence as specified in the Key Provisions. If no date is specified in the Key Provisions this date shall be the Commencement Date;
Construction Period means the period commencing from the Appointed Date and ending on the date of the Completion Certificate;
(iii) the term covered period’ means
(ii) the term barter’ means the exchange