Synthetic Lease Agreement definition

Synthetic Lease Agreement shall have the meaning ascribed thereto in the definition of the term "Synthetic Lease Amount".
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Synthetic Lease Agreement means the Amended and Restated Participation Agreement dated as of September 29, 1999, among the Borrower, certain of its Subsidiaries, as lessees, Citicorp Del-Lease, Inc., as lessor, the financial institutions named therein as noteholders and equity investors, State Street Bank and Trust Company, as collateral agent, and Citicorp USA, Inc., as agent, as amended from time to time.
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Synthetic Lease Agreement means the Agreement, dated as of November 30, 2001 between Xxxxx Fargo Bank Northwest, National Association, not individually but solely as the Owner Trustee under S&F Trust 1998-1, as lessor, and Smart & Final Inc., as lessee.
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Examples of Synthetic Lease Agreement in a sentence

  • During the third quarter of fiscal 1998, the Company renegotiated its Synthetic Lease Agreement (the "Synthetic Lease Agreement"), relating to certain buildings at its Fremont campus, to obtain more favorable terms and to reduce the amount of the obligation.

  • As a requirement under the amended and restated Synthetic Lease Agreement (see Note J to the Consolidated Financial Statement), Xxx was required to transfer $51.4 million from cash and cash equivalents and short-term investments to restricted cash, which is classified as a long-term asset.

  • Between the date of this Agreement and the Closing Date, the Seller Parties shall perform, at their sole cost and expense, all of the "Lessee's" (as such term is defined in the Synthetic Lease Agreement) obligations under the Synthetic Lease Provisions and the Participation Agreement Provisions, but only to the extent that such obligations relate to the Fort Lauderdale Store.

  • As part of the collateral restrictions of the Synthetic Lease Agreement, the Company is required to maintain $51,357,000 of cash in restricted specified interest-bearing accounts through March 2003 (unless the Synthetic Lease Agreement is otherwise terminated or the amount of maintained cash is reduced, as the underlying obligation is paid down).


More Definitions of Synthetic Lease Agreement

Synthetic Lease Agreement means the Agreement, dated as of November 30, 2001 between Xxxxx Fargo Bank Northwest, National Association, not individually but solely as the Owner Trustee under S&F Trust 1998-1, as lessor, and Smart & Final Inc., as lessee. "Synthetic Lease Provisions" means the following provisions of the Synthetic Lease Agreement: (i) Section 4.1 (Taxes; Utility Charges); (ii) paragraphs (a), (c) and (e) of Section 8.2 (Possession and Use of the Properties); (iii) Section 8.3 (Integrated Properties); (iv) Section 9.1 (Compliance with Legal Requirements, etc.); (v) Section 10.1 (Maintenance and Repair; Return); (vi) Section 11.1 (Modifications); (vii) Article XIII (Permitted Contests and Payment of Impositions, Utility Charges and other Matters); (viii) Article XIV (insurance); (ix) Section 28.2(a) (Compliance with Laws); (x) Section 28.2(b) (Payment of Taxes); (xi) Section 28.2(c) (Compliance with Environmental Laws); and (xii) Section 28.2(f) (Inspection Rights). "Tax" and "Taxes" means all taxes, charges, withholdings, fees, levies or other assessments, including, without limitation, all net income, gross income, gross receipts, real or personal property, tollgate, capital, net worth, sales, use, ad valorem, single business, transfer, franchise, profits, license, leasing, withholding, payroll, employment, social security, unemployment, excise, estimated, severance, stamp, occupation, services, property or other taxes, customs duties, fees, assessments or charges of any kind whatsoever, together with any interest and any penalties, additions to tax or additional amounts imposed by any federal, state, local or other taxing authority, domestic or foreign. "Tax Return" means any return (including any information return), report, statement, schedule, notice, form, or other document or information filed with or submitted to, or required to be filed with or submitted to, any Governmental Body in connection with the determination, assessment, collection, or payment of any Tax or in connection with the administration, implementation, or enforcement of or compliance with any Legal Requirement relating to any Tax. 58 <PAGE> "Termination Date" is defined in Section 9.1(d) of this Agreement. "Third Party Claim" is defined in Section 10.3(b) of this Agreement. "Tradename and Trademark License Agreement" is defined in Section 1.7(a)(ix) of this Agreement. "Transfer" is defined in Section 4.9(e) of this Agreement. "Transfer Taxes" is defined in Section 1.9 of this Agreement. "Tran...
Sample 1
Synthetic Lease Agreement means the Operative Agreements, as the term “Operative Agreements” is defined in Appendix A to that certain Participation Agreement by and among one or more of the Loan Parties, Xxxxx Fargo Bank, National Association, as agent, and the lease participants party thereto from time, dated as of November 30, 2017, as amended and in effect on the Closing Date and as may be further amended in accordance with the terms of this Agreement, and the other documents executed in connection therewith. “TARGET2” means the Trans-European Automated Real-time Gross Settlement Express Transfer payment system which utilizes a single shared platform and which was launched on November 19, 2007. “TARGET Day” means any day on which TARGET2 is open for the settlement of payments in Euros. “Taxes” means any and all present or future taxes, levies, imposts, duties, deductions, withholdings, (including backup withholding), assessments, fees or other charges imposed by any Governmental Authority, including any interest, additions to tax or penalties applicable thereto. “Term Rate Loan” means a Loan that bears interest at a rate based on the Term SOFR Rate or Term RFR. “Term Rate Loan Option” means the option of the Borrower to have Loans bear interest at the rate and under the terms specified in Section 2.08(a)(i). “Term RFR” means, with respect to Euros for any Interest Period, a rate per annum determined by the Administrative Agent, for any Obligations, interest, fees, commissions or other amounts denominated in, or calculated with respect to any applicable Term RFR Forward Looking Rate by dividing (the resulting quotient rounded upwards, at the Administrative Agent’s discretion, to the nearest 1/100 of 1%) (a) the applicable Term RFR Forward Looking Rate by (b) a number equal to 1.00 minus the RFR Reserve Percentage; provided that if the adjusted rate as determined above would be less than the Floor, such rate shall be deemed to be the Floor for purposes of this Agreement. The adjusted Term RFR for each outstanding Term RFR Loan shall be adjusted automatically as of the effective date of any change in the RFR Reserve Percentage. The Administrative Agent shall give prompt notice to the Borrower of the adjusted Term RFR rate as determined or adjusted in accordance herewith, which determination shall be conclusive absent manifest error. “Term RFR Forward Looking Rate” means, with respect to Euros for any Interest Period, the forward-looking term rate for a period comparable to such Int...
Sample 1
Synthetic Lease Agreement means the Synthetic Lease Agreement ------------------------- effective as of June 30, 2000, as amended on February 21, 2001 and May 30, 2001, between the Company and ABN AMRO Bank N.V., as agent for certain lenders, as such agreement may be amended, renewed, extended, substituted, refinanced, restructured, replaced, supplemented or otherwise modified from time to time, including without limitation, any increase in the principal amount of debt thereunder.
Sample 1
Synthetic Lease Agreement means the Operative Agreements, as the term “Operative Agreements” is defined in Appendix A to that certain Participation Agreement by and among one or more of the Loan Parties, Xxxxx Fargo Bank, National Association, as agent, and the lease participants party thereto from time, dated as of November 30, 2017, as amended and in effect on the Closing Date and as may be further amended in accordance with the terms of this Agreement, and the other documents executed in connection therewith.
Sample 1
Synthetic Lease Agreement means the Operative Agreements, as the term “Operative Agreements” is defined in Appendix A to that certain Participation Agreement by and among one or more of the Loan Parties, Wells Fargo Bank, National Association, as agent, and the lease participants party thereto from time, dated as of November 30, 2017, as amended and in effect on the Closing Date and as may be further amended in accordance with the terms of this Agreement, and the other documents executed in connection therewith.
Sample 1
Synthetic Lease Agreement means that certain Amended and Restated Lease and Agreement dated as of October 7, 1996 between Mellon Financial Services Corporation #4, as Lessor, and Genesis ElderCare Properties, Inc., as Lessee, and any subleases thereunder, as the same may be amended, modified or supplemented from time to time.
Sample 1

Related to Synthetic Lease Agreement

  • Synthetic Lease means, at any time, any lease (including leases that may be terminated by the lessee at any time) of any property (a) that is accounted for as an operating lease under GAAP and (b) in respect of which the lessee retains or obtains ownership of the property so leased for U.S. federal income tax purposes, other than any such lease under which such Person is the lessor.

  • Synthetic Leases means, in respect of any Person, all leases which shall have been, or should have been, in accordance with GAAP, treated as operating leases on the financial statements of the Person liable (whether contingently or otherwise) for the payment of rent thereunder and which were properly treated as indebtedness for borrowed money for purposes of U.S. federal income taxes, if the lessee in respect thereof is obligated to either purchase for an amount in excess of, or pay upon early termination an amount in excess of, 80% of the residual value of the Property subject to such operating lease upon expiration or early termination of such lease.

  • Synthetic Lease Obligation means the monetary obligation of a Person under (a) a so-called synthetic, off-balance sheet or tax retention lease, or (b) an agreement for the use or possession of property creating obligations that do not appear on the balance sheet of such Person but which, upon the insolvency or bankruptcy of such Person, would be characterized as the indebtedness of such Person (without regard to accounting treatment).

  • Synthetic Lease Obligations means, as to any person, an amount equal to the capitalized amount of the remaining lease payments under any Synthetic Lease that would appear on a balance sheet of such person in accordance with GAAP if such obligations were accounted for as Capital Lease Obligations.

  • Operating Lease Obligations means all obligations for the payment of rent for any real or personal property under leases or agreements to lease, other than Capitalized Lease Obligations.

  • Master Lease Agreement has the meaning set forth in Section 7.2(c)(xiv).

  • Lease Agreement means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.

  • Lease Agreements shall have the meaning set forth in Section 3.14.

  • Financing Lease Obligation means, as applied to any Person, an obligation that is required to be accounted for as a financing or capital lease (and, for the avoidance of doubt, not a straight-line or operating lease) on both the balance sheet and income statement for financial reporting purposes in accordance with GAAP. At the time any determination thereof is to be made, the amount of the liability in respect of a financing or capital lease would be the amount required to be reflected as a liability on such balance sheet (excluding the footnotes thereto) in accordance with GAAP.

  • Capital Lease means, as applied to any Person, any lease of any property (whether real, personal or mixed) by that Person as lessee which, in accordance with GAAP, is or should be accounted for as a capital lease on the balance sheet of that Person and the amount of such obligation shall be the capitalized amount thereof determined in accordance with GAAP.

  • Synthetic Purchase Agreement means any swap, derivative or other agreement or combination of agreements pursuant to which the Borrower or any Subsidiary is or may become obligated to make (a) any payment in connection with a purchase by any third party from a Person other than the Borrower or any Subsidiary of any Equity Interest or Restricted Indebtedness or (b) any payment (other than on account of a permitted purchase by it of any Equity Interest or Restricted Indebtedness) the amount of which is determined by reference to the price or value at any time of any Equity Interest or Restricted Indebtedness; provided that no phantom stock or similar plan providing for payments only to current or former directors, officers or employees of the Borrower or the Subsidiaries (or to their heirs or estates) shall be deemed to be a Synthetic Purchase Agreement.

  • Sublease Agreement shall have the meaning specified in Section 8.2(b).

  • Non-Financing Lease Obligation means a lease obligation that is not required to be accounted for as a financing or capital lease on both the balance sheet and the income statement for financial reporting purposes in accordance with GAAP. For the avoidance of doubt, a straight-line or operating lease shall be considered a Non-Financing Lease Obligation.

  • Operating Lease Expense means the sum of all payments and expenses incurred by a Person, under any operating leases during the period of determination, as determined in accordance with GAAP.

  • Occupancy Agreement means a written agreement entered into between an assisted living program and a tenant that clearly describes the rights and responsibilities of the assisted living program and a tenant, and other information required by rule. “Occupancy agreement” may include a separate signed lease and signed service agreement.

  • Operating Lease of a Person means any lease of Property (other than a Capitalized Lease) by such Person as lessee which has an original term (including any required renewals and any renewals effective at the option of the lessor) of one year or more.

  • Capital Lease Obligation means, at the time any determination thereof is to be made, the amount of the liability in respect of a capital lease that would at such time be required to be capitalized on a balance sheet in accordance with GAAP.

  • Capital Lease Obligations of any Person means the obligations of such Person to pay rent or other amounts under any lease of (or other arrangement conveying the right to use) real or personal property, or a combination thereof, which obligations are required to be classified and accounted for as capital leases on a balance sheet of such Person under GAAP, and the amount of such obligations shall be the capitalized amount thereof determined in accordance with GAAP.

  • Capitalized Lease Obligations of a Person means the amount of the obligations of such Person under Capitalized Leases which would be shown as a liability on a balance sheet of such Person prepared in accordance with Agreement Accounting Principles.

  • Capitalized Lease Obligation means, at the time any determination thereof is to be made, the amount of the liability in respect of a capital lease that would at such time be required to be capitalized and reflected as a liability on a balance sheet (excluding the footnotes thereto) in accordance with GAAP.

  • Operating Leases means all real or personal property leases under which any Company is bound or obligated as a lessee or sublessee and which, under GAAP, are not required to be capitalized on a balance sheet of such Company; provided that Operating Leases shall not include any such lease under which any Company is also bound as the lessor or sublessor.

  • Basic Lease Provisions means and refer to the following collective terms, the application of which shall be governed by the provisions in the remaining Articles of this Lease.

  • Capital Leases means, in respect of any Person, all leases which shall have been, or should have been, in accordance with GAAP, recorded as capital leases on the balance sheet of the Person liable (whether contingent or otherwise) for the payment of rent thereunder.

  • Facility Lease means a lease or master lease with respect to any Real Property Asset owned or ground leased by any of the Consolidated Parties as lessor, to a third party Tenant, which, in the reasonable judgment of the Administrative Agent, is a triple net lease such that such Tenant is required to pay all taxes, utilities, insurance, maintenance, casualty insurance payments and other expenses with respect to the subject Real Property Asset (whether in the form of reimbursements or additional rent) in addition to the base rental payments required thereunder such that net operating income to the applicable Consolidated Party for such Real Property Asset (before non-cash items) equals the base rent paid thereunder; provided, that each such lease or master lease shall be in form and substance reasonably satisfactory to the Administrative Agent.

  • Capitalized Lease Liabilities means all monetary obligations of the Borrower or any of its Subsidiaries under any leasing or similar arrangement which, in accordance with GAAP, would be classified as capitalized leases, and, for purposes of this Agreement and each other Loan Document, the amount of such obligations shall be the capitalized amount thereof, determined in accordance with GAAP, and the stated maturity thereof shall be the date of the last payment of rent or any other amount due under such lease prior to the first date upon which such lease may be terminated by the lessee without payment of a penalty.

  • Financing Lease any lease of property, real or personal, the obligations of the lessee in respect of which are required in accordance with GAAP to be capitalized on a balance sheet of the lessee.