Senior Swap Termination Payment means any Swap Termination Payment owed by the Issuer to the Swap Counterparty under an Interest Rate Swap Agreement that is not a Subordinated Swap Termination Payment.]
Senior Swap Termination Payment means any Swap Termination Payment other than a Subordinate Swap Termination Payment.]
Senior Swap Termination Payment means any Swap Termination Payment payable by the Issuing Entity to the Swap Counterparty under the Interest Rate Swap Agreement on any Distribution Date relating to an early termination of a Transaction (as defined therein) under the Interest Rate Swap Agreement following (i) a Swap Event of Default or a Swap Termination Event arising under the Interest Rate Swap Agreement for which the Swap Counterparty is not the "Defaulting Party" or sole "Affected Party" or (ii) a Swap Termination Event (consisting of "Illegality" or "Tax Event") arising under the Interest Rate Swap Agreement. (The terms "Defaulting Party," "Affected Party," "Illegality" and "Tax Event" each has the meaning set forth in the Interest Rate Swap Agreement).
More Definitions of Senior Swap Termination Payment
Senior Swap Termination Payment means any Swap Termination Payment owed by the Issuer to the Swap Counterparty under the Interest Rate Swap Agreement arising due to (a) the failure of the Issuer to make payments due under the Interest Rate Swap Agreement, (b) the occurrence of any bankruptcy or insolvency event with respect to the Issuer, (c) the illegality of the transactions contemplated by the Interest Rate Swap Agreement, (d) any redemption, acceleration, auction, clean-up call or other prepayment in full, but not in part, of the notes under the Indenture or any Event of Default under the Indenture that results in rights or remedies being exercised with respect to the Collateral or (e) an amendment by the Issuer or any Affiliate of the Issuer of any Transaction Document without the prior consent of the Swap Counterparty to the extent that such consent is required under such Transaction Document.
Senior Swap Termination Payment has the meaning specified in the Indenture.
Senior Swap Termination Payment means any Swap Termination Payment owed by the issuer to the swap counterparty under an interest rate swap transaction arising due to (1) the failure of the issuer to make payments due under that interest rate swap agreement and (2) the occurrence of certain bankruptcy and insolvency events of the issuer.
Senior Swap Termination Payment means any Swap Termination Payment owed by the Issuing Entity to the Swap Counterparty under the Interest Rate Swap Agreement due to (i) the failure of the Issuing Entity to make Net Swap Payments due under the Interest Rate Swap Agreement, (ii) illegality of performance under the Interest Rate Swap Agreement or (iii) the occurrence of bankruptcy or insolvency events with respect to the Issuing Entity.
Senior Swap Termination Payment means any Swap Termination Payment owed by the Issuer to the Swap Counterparty under the Interest Rate Swap Transaction arising due to an "Event of Default" (as defined in the Interest Rate Swap Transaction) with respect to the Issuer specified in Section 5(a)(i) (Failure to Pay or Deliver) and Section 5(a)(vii) (Bankruptcy), other than events specified in Section 5(a)(vii)(2) of the Interest Rate Swap Transaction.
Senior Swap Termination Payment means any Swap Termination Payment other than a Subordinated Swap Termination Payment. “Servicer” as defined in the Sale and Servicing Agreement. “Servicer Termination Event” has the meaning given to the term “Servicing Termination Event” in the Sale and Servicing Agreement. “Servicing Agreements” means, collectively, the Sale and Servicing Agreement, the Sub-Servicing Agreements and the Backup Servicing Agreement, and the Xxxxxxx Xxxx Servicing Agreement; and “Servicing Agreement” means any one of them. “Servicing Costs” means the costs and expenses of the Servicer incurred in connection with the servicing of the Borrower’s Loan Assets, which in for the purpose of Section 0 [***] “Servicing Costs Cap” means [***] “Solvent” means, with respect to the Borrower or the Servicer, that as of the date of determination, both (i) (a) the sum of such entity’s debt (including contingent liabilities) does not exceed the present fair saleable value of such entity’s present assets; (b) such entity’s capital is not unreasonably small in relation to its business as contemplated on the Effective Date; and (c) such entity has not incurred and does not intend to incur, or believe (nor should it reasonably believe) that it will incur, debts beyond its ability to pay such debts as they become due (whether at maturity or otherwise); and (ii) such entity is “solvent” within the meaning given that term and similar terms under laws applicable to it relating to fraudulent transfers and conveyances. For purposes of this definition, the amount of any contingent liability at any time shall be computed as the amount that, in light of all of the facts and circumstances
Senior Swap Termination Payment means any Swap Termination Payment owed by the Issuer to the Swap Counterparty under the Interest Rate Swap Agreement arising due to (a) the failure of the Issuer to make payments due under the Interest Rate Swap Agreement, (b) the occurrence of any bankruptcy or insolvency event with respect to the Issuer, (c) the illegality of the transactions contemplated by the Interest Rate Swap Agreement, (d) any redemption, acceleration, auction, clean-up call or other prepayment in full, but not in part, of the notes under the Indenture or any Event of Default under the Indenture that results in rights or remedies being exercised with respect to the Collateral or (e) any action (whether in the form of a supplemental indenture, an amendment, a modification, waiver, approval, consent or otherwise) taken by the issuer that diminishes or impairs the rights, interest or benefits granted to the Swap Counterparty under the Indenture except in accordance with the terms of the Indenture.