Pool Assets Sample Clauses

Pool Assets. The Company (i) will ensure that, subject to clause (c) below, the Appraised Value of the Pool Assets shall satisfy the Collateral Coverage Test (based upon the most recent Appraisal delivered to the Paying Agent and the Banks pursuant to the provisions of Section 6.8), and (ii) will not (and will not permit any Wholly Owned Domestic Subsidiary to) convey, sell, lease, transfer or otherwise dispose of, whether voluntarily or involuntarily (it being understood that loss of property due to theft, destruction, confiscation, prohibition on use or similar event shall constitute a disposal for purposes of this covenant), or remove or substitute, any Pool Asset (or any engine included in the Pool Assets unless such engine is replaced by another working engine or engines of comparable value, assuming half-time condition) or agree to do any of the foregoing in respect of the Pool Assets at any future time, except that:
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Pool Assets. The Company (i) will ensure that the Appraised Value of the Pool Assets shall satisfy the Collateral Coverage Test (based upon the most recent Appraisal delivered to the Administrative Agent and the Banks pursuant to the provisions of Section 6.8), and (ii) will not (and will not permit any Wholly Owned Domestic Subsidiary to) convey, sell, lease, transfer or otherwise dispose of, whether voluntarily or involuntarily (it being understood that loss of property due to theft, destruction, confiscation, prohibition on use or similar event shall constitute a disposal for purposes of this covenant), or remove or substitute, any Pool Asset (or any engine included in the Pool Assets unless such engine is replaced by another working engine or engines of comparable value, assuming half-time condition) or agree to do any of the foregoing in respect of the Pool Assets at any future time, except that:
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Pool Assets. The Company (i) will ensure that the Appraised Value of the Pool Assets shall satisfy the Collateral Coverage Test (based upon the most recent Appraisal delivered to the Administrative Agent and the Banks pursuant to the provisions of Section 6.8), and (ii) will not convey, sell, lease, transfer or otherwise dispose of, whether voluntarily or involuntarily (it being understood that loss of property due to theft, destruction, confiscation, prohibition on use or similar event shall constitute a disposal for purposes of this covenant), or remove or substitute, any Pool Asset (or any engine included in the Pool Assets unless such engine is replaced by another working engine or engines of comparable value, assuming half-time condition) or agree to do any of the foregoing in respect of the Pool Assets at any future time, except that:
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Pool Assets. Each of the Pool Assets (i) qualifies as an Eligible Pool Asset, (ii) is not subject to a Lien other than a Permitted Lien, and (iii) other than as specifically noted on Schedule 7.1(x) attached hereto, is owned by a Borrower or a Guarantor.
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Pool Assets. Each of the Servicer and the Borrower shall perform all of its obligations under the Pool Assets and under the related agreements, to the same extent as if the Pool Assets had not been pledged to the Agent under the Security Agreement, and the exercise by the Agent or its designee of its rights under the Transaction Documents shall not relieve the Servicer, Aspen, the Transferor or the Borrower from such obligations.
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Pool Assets. The Seller or Servicer shall, from time to time and within the time limits established by law, prepare and present to the Administrator for the Administrator's authorization and approval all financing statements, amendments, continuations or initial financing statements in lieu of a continuation statement, or other filings necessary to continue, maintain and perfect the Administrator's security interest (for the benefit of the Purchasers in the Pool Assets as a first-priority interest. The Administrator's approval of such filings shall authorize the Seller or Servicer to file such financing statements under the UCC without the signature of the Seller, any Originator or the Administrator where allowed by applicable law. Notwithstanding anything else in the Transaction Documents to the contrary, neither the Seller, the Servicer, nor any Originator, shall have any authority to file a termination, partial termination, release, partial release or any amendment that deletes the name of a debtor or excludes collateral of any such financing statements, without the prior written consent of the Administrator, on behalf of the Purchasers. SCHEDULE I CREDIT AND COLLECTION POLICY [to be inserted] SCHEDULE II LOCK-BOX BANKS AND LOCK-BOX ACCOUNTS Lock-Box Bank Lock-Box(es) Account Schedule II-1 SCHEDULE III TRADE NAMES Organizational Name Trade Names / Fictitious Names York Receivables Funding LLC None ANNEX A TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT INITIAL INFORMATION PACKAGE [to be inserted] ANNEX B TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT FORM OF PURCHASE NOTICE May 12, 2004 The Bank of Tokyo-Mitsubishi, Ltd., New York Branch, as Administrator and as a Purchaser Agent 1251 Avenue of the Americas Xxx Xxxx, Xxx Xxxx 00000-0000 The Bank of Nova Scotia, as a Purchaser Agent Xxx Xxxxxxx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Ladies and Gentlemen: Reference is hereby made to the Amended and Restated Receivables Purchase Agreement, dated as of May 17, 2004, (as heretofore amended, amended and restated, supplemented or otherwise modified, the "Receivables Purchase Agreement"), among York Receivables Funding LLC ("Seller "), York International Corporation, as Servicer, Gotham Funding Corporation, Liberty Street Funding Corp., The Bank of Nova Scotia, the various other Purchaser Groups from time to time a party thereto and The Bank of Tokyo-Mitsubishi, Ltd., New York Branch, (the "Administrator"). Capitalized terms used in this Purchase Notice and not other...
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Pool Assets. Pacific Routes flown pursuant to the following route authorities (or otherwise), including, without limitation, any Pacific Route designated in the most recent Appraisal Report delivered to the Administrative Agent: Certification or Exemption Authority Route Number of Certificate Containing Authority Issued by DOT/CAB Order Current Expiration Date Blanket Open Skies Authority Certificate Route 840 Order 2007-4-27 Docket OST-2007-27790 Indefinite U.S.-Japan and beyond with intermediates (now flown with open skies authority) Certificate Route 129 Order 98-6-22OST 98-3441 Indefinite(Subject to continuing effect under APA;renewal filed 12/20/2002) U.S.-China (named U.S. gateways to named points in China, via Japan) Certificate Route 378 Order 99-2-8OST 97-3177 Indefinite(Subject to continuing effect under APA; renewal filed 8/1/2003) Detroit-Beijingadded as Segment2 Certificate Route 378 Order 2001-12-8 Docket OST-95-969 Indefinite(Subject to continuing effect under APA; renewal filed 6/5/2006) Detroit-Shanghai added as Segment 3 Certificate Route 378 Order 2007-12-26OST-2007-28567 Indefinite(Subject to continuing effect under APA; renewal filed 4/20/09) Atlanta-Shanghai Certificate Route 875 Orders 2007-9-25 and 2007-12-26 OST-2007-28567 Indefinite(Subject to continuing effect under APA; renewal filed 5/1/09) U.S.-ChinaAll-cargo with open intermediates and beyond Certificate Route 828 Order 2005-3-40OST-04-19077 Indefinite(Subject to continuing effect under APA; renewal filed 4/20/09) U.S.-China Combination (Atlanta-Shanghai) Frequency Allocation Order 94-5-16 (1 freq);Order 95-2-30 (5 freq);DOT-OST-1999-6323 NOAT 7/31/17 (1 freq) None U.S.-China Combination (Detroit-Beijing) Frequency Allocation DOT-OST-2010-0285NOAT 11/24/10 (5 freq)NOAT 8/22/12 (2 freq) None U.S.-China Combination (Detroit-Shanghai) Frequency Allocation Order 2007-12-26,OST-2007-28567 None U.S.-China Combination(Los Angeles-Shanghai) Frequency Allocation DOT-OST-2015-0005NOAT 1/16/15 None U.S.-China Combination(Seattle-Beijing) Frequency Allocation Order 2004-7-23,OST-2004-18469 None U.S.-China Combination (Seattle-Shanghai) Frequency Allocation XXX-XXX-0000-0000XXXX 00/00/00 Xxxx X.X.-(Xxxxx)-Xxxx Xxxx Combination Frequency Allocation Order 2009-1-8,OST-2008-0162 None #90786605v3 EXHIBIT A FORM OF COMPLIANCE CERTIFICATE This Compliance Certificate (this “Certificate”) is delivered pursuant to Section 5.01(c) of that certain CREDIT AGREEMENT (as amended, restated, amended and restated, sup...
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Pool Assets. None of Northwest’s aircraft that are subject to the Airline Services Agreement are “Pool Assets” (as such term is defined in the Credit Agreement).
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Pool Assets 
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Related to Pool Assets

  • Trust Property The property, or interests in property, constituting the Trust Estate from time to time. UCC: The Uniform Commercial Code, as in effect in the relevant jurisdiction.

  • Real Estate Collateral The Obligations shall be secured by Mortgages upon (x) all Real Estate owned by Obligors described on Schedule 7.3 and (y) all leasehold interests in Real Estate described on Schedule 7.3. The Agent may amend Schedule 7.3 from time to time to reflect thereon any Real Estate that constitutes Eligible Real Estate. The Mortgages shall be duly recorded, at Borrowers’ expense, in each office where such recording is required to constitute a fully perfected Lien on the Real Estate covered thereby. If any Obligor acquires (or otherwise desires to mortgage) any fee or leasehold interest in any Real Estate after the Fifth Amendment Closing Date, the Borrower Agent shall within ten (10) Business Days furnish to Agent a description of any such Real Estate in detail satisfactory to Agent and, upon written request of Agent (or the at the election of the Borrower Agent), the applicable Obligor shall forthwith (but in any event within sixty (60) days), (i), execute, deliver and record a Mortgage sufficient to create a first priority perfected Lien (or, where such Real Estate is subject to Permitted Purchase Money Debt and the documents evidencing such Debt permit Agent to hold a lien junior in priority on such Real Estate, a Lien junior in priority) in favor of Agent on such Real Estate and (ii) deliver all Related Real Estate Documents. Notwithstanding anything to the contrary in this Section 7.3, the Agent agrees that it shall not request that any Obligor mortgage to the Agent any Real Estate (i) encumbered by Permitted Purchase Money Debt, the terms of which expressly prohibit a Lien junior in priority on such Real Estate or (ii) having a value of less than (x) $5,000,000, individually or (y) $25,000,000, in the aggregate for all such Real Estate; provided that, for the avoidance doubt, the foregoing restriction shall not obligate the Agent to release any Lien on Real Estate or other Collateral in existence on the Fourth Amendment Closing Date. The Agent may amend Schedule 7.3 from time to time to reflect thereon any Real Estate that constitutes EligibleNotwithstanding anything in this Loan Agreement (including this Section 7.3) or any other Loan Document to the contrary, no Obligor shall deliver, execute or record any Mortgage pursuant to this Section 7.3 until the Agent and each Tranche A Lender shall have confirmed (such confirmation not to be unreasonably withheld, conditioned or delayed) that it has completed its flood insurance due diligence and flood insurance compliance with respect to such Real Estate.

  • Financial Assets It will promptly credit each item of property (whether cash, investment property, security, instrument or other financial asset) delivered to the Financial Institution under the Indenture to the Collateral Account and treat each item of property as a “financial asset” (within the meaning of Section 8-102(a)(9) of the UCC); and

  • Conveyance of Mortgage Pool Assets; Security Interest Concurrently with the execution and delivery hereof, the Company does hereby irrevocably sell, transfer, assign, set over and otherwise convey to the Trust, without recourse, all the Company's right, title and interest in and to the Mortgage Pool Assets, including but not limited to all scheduled payments of principal and interest due after the Cut-Off Date and received by the Company with respect to the Mortgage Loans at any time, and all Principal Prepayments received by the Company after the Cut-Off Date with respect to the Mortgage Loans (such transfer and assignment by the Company to be referred to herein as the "Conveyance," and the assets so transferred and assigned to be referred to herein as the "Conveyed Assets"). It is the express intent of the parties hereto that the Conveyance of the Conveyed Assets to the Trust by the Company as provided in this Section 2.04 be, and be construed as, an absolute sale of the Conveyed Assets. It is, further, not the intention of the parties that such Conveyance be deemed the grant of a security interest in the Conveyed Assets by the Company to the Trust to secure a debt or other obligation of the Company. However, in the event that, notwithstanding the intent of the parties, the Conveyed Assets are held to be the property of the Company, or if for any other reason this Agreement is held or deemed to create a security interest in the Conveyed Assets, then

  • General Assets All amounts credited in respect of the RSUs to the book-entry account under this Agreement shall continue for all purposes to be part of the general assets of the Company. The Participant’s interest in such account shall make the Participant only a general, unsecured creditor of the Company.

  • Sale of Trust Assets (a) [Intentionally Omitted].

  • Trust Assets To the extent permitted by applicable Laws and in accordance with the Serviced Corporate Trust Contracts for Serviced Appointments, Xxxxx Bank hereby appoints the Bank Assets Purchaser and Xxxxx Trust Company hereby appoints the Delaware Trust Assets Purchaser (or the Bank Assets Purchaser, if required by Section 3.3) as custodial agent to receive, hold, deposit, invest and transfer Trust Assets related to the Serviced Appointments of the Xxxxx Bank and Xxxxx Trust Company, respectively. The Trust Assets shall be transferred after the Closing in accordance with the terms of the applicable Serviced Corporate Trust Contract. Each Purchaser represents and warrants to the applicable Seller that the accounts to which the Trust Assets will be transferred satisfy all eligible accounts requirements under the terms of the applicable Serviced Corporate Trust Contract and applicable Law.

  • Trust Accounts (a) On or prior to the Closing Date, the Issuer shall cause the Servicer to establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and, to the extent set forth herein, the Certificateholder, the Collection Account as provided in Section 5.01 of the Sale and Servicing Agreement.

  • Material Assets The financial statements of the Acquiror Company set forth in the SEC Documents reflect the material properties and assets (real and personal) owned or leased by the Acquiror Company.

  • Security Interests in Collateral To secure their Obligations under this Agreement and the other Loan Documents, the Loan Parties shall grant to the Collateral Agent, for its benefit and the ratable benefit of the other Secured Parties, a first-priority security interest in all of the Collateral pursuant to the Security Documents.

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