Default Right has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable.
Default Right has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable. “U.S. Special Resolution Regime” means each of (i) the Federal Deposit Insurance Act and the regulations promulgated thereunder and (ii) Title II of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations promulgated thereunder.
Default Right means default right as defined and interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable.
Examples of Default Right in a sentence
After a BHC Act Affiliate of a party that is a Covered Person has become subject to Insolvency Proceedings, any party that seeks to exercise a Default Right against such Covered Person with respect to this Agreement shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder.
After a Covered Affiliate has become subject to an Insolvency Proceeding, if any Borrower seeks to exercise any Default Right with respect to any Relevant Agreement with the Relevant Covered Parties, such Borrower shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted thereunder.
After a BHC Act Affiliate of a party that is a Covered Entity has become subject to Insolvency Proceedings, any party that seeks to exercise a Default Right against such Covered Entity with respect to this Agreement shall have the burden of proof, by clear and convincing evidence, that the exercise of such Default Right is permitted hereunder.
More Definitions of Default Right
Default Right has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable. "U.S. Special Resolution Regime" means each of (i) the Federal Deposit Insurance Act and the regulations promulgated thereunder and (ii) Title II of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations promulgated thereunder. If the foregoing is in accordance with your understanding of our agreement, kindly sign and return to us the enclosed duplicate hereof, whereupon it will become a binding agreement among the Depositor, MBFS USA and the several Underwriters in accordance with the terms of this Agreement. Very truly yours, DAIMLER TRUST LEASING LLC By: /s/ Xxxxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxxxx X. Xxxxxxx Title: Vice President By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President MERCEDES-BENZ FINANCIAL SERVICES USA LLC By: /s/ Xxxxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxxxx X. Xxxxxxx Title: Vice President By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President [Signature Page – MBALT 2019-B Underwriting Agreement] The foregoing Underwriting Agreement is hereby confirmed and accepted as of the date first written above by the undersigned acting on their own behalf and acting as Representatives of the several Underwriters. CREDIT AGRICOLE SECURITIES (USA) INC. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Managing Director [Signature Page – MBALT 2019-B Underwriting Agreement] BOFA SECURITIES, INC. By: /s/ Xxxxxx Xxxxx Xxxx Name: Xxxxxx Xxxxx Xxxx Title: Director ABS Banking & Finance [Signature Page – MBALT 2019-B Underwriting Agreement] XXXXX FARGO SECURITIES, LLC By: /s/ Xxxxxx XxXxxxx Name: Xxxxxx XxXxxxx Title: Managing Director [Signature Page – MBALT 2019-B Underwriting Agreement] SCHEDULE I Underwriters Principal Amount of Class A-2 Notes Principal Amount of Class A-3 Notes Principal Amount of Class A-4 Notes Credit Agricole Securities (USA) Inc. $ 265,000,000 $ 220,000,000 $ 54,980,000 BofA Securities, Inc. $ 106,000,000 $ 88,000,000 $ 21,992,000 Xxxxx Fargo Securities, LLC $ 106,000,000 $ 88,000,000 $ 21,992,000 Mizuho Securities USA LLC $ 26,500,000 $ 22,000,000 $ 5,498,000 Commerz Markets LLC $ 26,500,000 $ 22,000,000 $ 5,498,000 Total $ 530,000,000 $ 440,000,000 $ 109,960,000 ANNEX A Pricing Free Writing Prospectus To be filed with the Securities and Exchange Commission on November 13, 2019.
Default Right has the meaning assigned in and interpreted in accordance with 12 C.F.R. §§252.81, 47.2 or 382.1, as applicable; and (c) “QFC” means a “qualified financial contract,” as defined in and interpreted in accordance with 12 U.S.C. §5390(c)(8)(D).
Default Right has the meaning specified in Section 10.22(b).
Default Right has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable. Defaulting Lender means, subject to Section 2.10.2, any Lender that (a) has failed to (i) fund any portion of its Loans within two Business Days of the date such Loans were required to be funded hereunder unless such Lender notifies the Administrative Agent and the Company in writing that such failure is the result of such Lender’s good faith determination that one or more conditions precedent to funding (each of which conditions precedent, together with any applicable default, shall be specifically identified in reasonable detail in such writing) has not been satisfied, or (ii) pay to the Administrative Agent, the applicable Issuing Lender, the Swing Line Lender or any other Lender any other amount required to be paid by it hereunder (including in respect of its participation in Letters of Credit or Swing Line Loans) within two Business Days of the date when due, (b) has notified the Company, the Administrative Agent, the applicable Issuing Lender or the Swing Line Lender in writing that it does not intend to comply with its funding obligations hereunder, or has made a public statement to that effect (unless such writing or public statement relates to such Lender’s obligation to fund a Loan hereunder and states that such position is based on such Lender’s good faith determination that a condition precedent to funding (which condition precedent, together with any applicable default, shall be specifically identified in reasonable detail in such writing or public statement) cannot be satisfied), (c) has failed, within three Business Days after written request by the Administrative Agent or the Company, to confirm in writing to the Administrative Agent and the Company that it will comply with its prospective funding obligations hereunder (provided that such Lender shall cease to be a Defaulting Lender pursuant to this clause (c) upon receipt of such written confirmation by the Administrative Agent and the Company), or (d) has, or has a direct or indirect parent company that has, (i) become the subject of a proceeding under any bankruptcy or insolvency law, (ii) had appointed for it a receiver, interim receiver, custodian, conservator, trustee, monitor, administrator, assignee for the benefit of creditors or similar Person charged with reorganization or liquidation of its business or assets, including the Federal Deposit Ins...
Default Right means any:
Default Right has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable. “U.S. Special Resolution Regime” means each of (i) the Federal Deposit Insurance Act and the regulations promulgated thereunder and (ii) Title II of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and the regulations promulgated thereunder
Default Right has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable; and “U.S. Special Resolution Regime” means each of (i) the Federal Deposit Insurance Act and the regulations promulgated thereunder and (ii) Title II of the Dxxx-Fxxxx Xxxx Street Reform and Consumer Protection Act and the regulations promulgated thereunder. [Signature Page Follows.] If the foregoing correctly sets forth the understanding among the parties hereto, please so indicate in the space provided below for that purpose, whereupon this letter shall constitute a binding agreement among the parties hereto. Very truly yours, CUBESMART By: /s/ Txxxxxx X. Xxxxxx Name: Txxxxxx X. Xxxxxx Title: Chief Financial Officer CUBESMART, L.P. By: CubeSmart, its general partner By: /s/ Txxxxxx X. Xxxxxx Name: Txxxxxx X. Xxxxxx Title: Chief Financial Officer ACCEPTED as of the date first-above written: Jxxxxxxxx LLC By: /s/ Dxxxxx Xxxxxxx Name: Dxxxxx Xxxxxxx Title: Managing Director, ECM SCHEDULE 1 FORM OF PLACEMENT NOTICE From: [ ] Cc: [ ] To: [ ] Subject: Equity Distribution—Placement Notice Ladies and Gentlemen: Pursuant to the terms and subject to the conditions contained in the Second Amended and Restated Equity Distribution Agreement between CubeSmart (the “Company”), CubeSmart, L.P. and Jxxxxxxxx LLC (“Jefferies”) dated March 4, 2020 (the “Agreement”), I hereby request on behalf of the Company that Jefferies sell, during the period commencing [●], 202_ and ending [●], 202_, up to [●] of the Company’s common shares of beneficial ownership, par value $.01 per share, at a minimum market price of $[●] per share. SCHEDULE 2 JXXXXXXXX LLC Mxxx Xxxxxxx (000) 000-0000 mxxxxxxx@xxxxxxxxx.xxx Jxxx Xxxxxx (000) 000-0000 jxxxxxx@xxxxxxxxx.xxx Dxxxxx Xxxxxxx (000) 000-0000 dxxxxxxx@xxxxxxxxx.xxx Mxxxxxx Xxxxxxx (000) 000-0000 mxxxxxxx@xxxxxxxxx.xxx CUBESMART Cxxxxxxxxxx Xxxx Tel: (000) 000-0000 Email: cxxxx@xxxxxxxxx.xxx Txx Xxxxxx Tel: (000) 000-0000 Email: txxxxxx@xxxxxxxxx.xxx SCHEDULE 3