5, means "Tranche" for any Securities of a series of Securities consisting of more than one Tranche.
5, reference gas consumption’ means the volume of a Member State’s average gas consumption during the reference period; for Member States where gas consumption increased at least by 8 % in the period from 1 April 2021 to 31 March 2022 compared to the average gas consumption during the reference period, ‘reference gas consumption’ means only the volume of gas consumption in the period from 1 April 2021 to 31 March 2022;
5,. Voting Securities" shall mean any securities of the Company which vote generally in the election of directors.
More Definitions of 5,
5,. The Mortgage Loan is being foreclosed. ____ 6. Other. (Describe) The undersigned acknowledges that the above Trustee Mortgage File will be held by the undersigned in accordance with the provisions of the Pooling and Servicing Agreement and will be returned to you, except if the Mortgage Loan has been paid in full, repurchased or substituted for by a Qualifying Substitute Mortgage Loan (in which case the Trustee Mortgage File will be retained by us permanently), when no longer required by us for such purpose). Capitalized terms used herein shall have the meanings ascribed to them in the Pooling and Servicing Agreement. [Name of [Master] [Special] Servicer] By: ------------------------------------ Name: Title: EXHIBIT D-1 FORM OF TRANSFEROR CERTIFICATE FOR TRANSFERS OF DEFINITIVE PRIVATELY OFFERED CERTIFICATES [Date] Xxxxx Fargo Bank, National Association, as Certificate Registrar Xxxxx Fargo Center Sixth Street and Marquette Avenue MAC #N9303-121 Xxxxxxxxxxx, Xxxxxxxxx 00000-0000 Attention: Corporate Trust Services (CMBS) Re: Xxxxxx Xxxxxxx Capital I Inc., Commercial Mortgage Pass-Through Certificates, Series 2005-HQ5 (the "Certificates") Dear Sirs: This letter is delivered to you in connection with the transfer by _________________ (the "Transferor") to _________________ (the "Transferee") of a Certificate (the "Transferred Certificate") having an initial Certificate Balance or Notional Amount as of March ___, 2005 (the "Settlement Date") of $__________. The Certificates were issued pursuant to the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated as of March 1, 2005, among Xxxxxx Xxxxxxx Capital I Inc., as depositor (the "Depositor"), Midland Loan Services, Inc., as master servicer, GMAC Commercial Mortgage Corporation, as special servicer and Xxxxx Fargo Bank, National Association, as trustee (in such capacity, the "Trustee"). All terms used herein and not otherwise defined shall have the meanings set forth in the Pooling and Servicing Agreement. The Transferor hereby certifies, represents and warrants to you, as Certificate Registrar, that:
5,. “Contract” means, with respect to any Person, any agreement, indenture, debt instrument, contract, lease or other binding commitment to which such Person is a party or by which such Person is bound or to which such Person’s properties is subject. “Controlled Affiliate” means, with respect to any Person, any other Person directly or indirectly controlled by such specified Person; provided that, with respect to Seller, any joint ventures between Xxxxxx Xxxxxxx or its Affiliates, on the one hand, and Seller Holdco or its Affiliates, on the other hand, shall not be deemed to be a Controlled Affiliate of Seller, nor, for the avoidance of doubt, should Xxxxxx Xxxxxxx be deemed an Affiliate of Seller. “Controlling Party” has the meaning set forth in Section 5.9(g)(iv). “Covered Continuing Employee” means each employee, officer, director or natural person who is an independent contractor of the commercial banking or real estate industries businesses of the Bank or any Transferred Subsidiary (other than the Excluded Employees) and is set forth on Schedule 1 who continues to remain employed with the Bank and the Transferred Subsidiaries immediately following the Effective Time. “Dataroom” means the electronic data room established by Sellers for the Transactions at xxxxx://xxxxxxxx.xxxxxxxxxx.xxx (a) as populated at 12:01 a.m. New York time on the day immediately preceding the date hereof and (b) such other documents that may be included therein following such time as agreed to by Sellers and Purchaser. “Deposit Insurance Fund” means the Deposit Insurance Fund administered by the FDIC. “Derivative Contract” has the meaning set forth in Section 3.10. “Disclosing Party” has the meaning set forth in Section 5.5. “EBITDA” means earnings before interest, taxes, depreciation and amortization. “XXXXX” means the Electronic Data Gathering, Analysis, and Retrieval system of the SEC. “Effective Federal Funds Rate” means, for any day, the rate per annum (rounded upwards, if necessary, to the nearest 1/100th of 1%) equal to the average of the rates on overnight federal funds transactions with members of the Federal Reserve System arranged by federal funds brokers on such day, as published by the Federal Reserve Bank of New York on the Business Day next succeeding such day; provided that, if such day is not a Business Day or the Effective Federal Funds Rate is not so published for any day, the Effective Federal Funds Rate for such day shall be such rate on such transactions on th...
5,. Supporter means an individual who has attained the age of eighteen
5,. Division" means the division of agriculture in the department of environmental 23 management.
5,. BENEFICIARY" shall mean the person designated by the Executive on a form provided by the Committee to receive the Death Benefit upon the Executive's death.
5, assessment means –