Pool Assets Sample Clauses
The "Pool Assets" clause defines the specific assets that are included within a designated pool for the purposes of a financial or securitization transaction. This clause typically outlines the types of assets, such as loans, receivables, or other financial instruments, that are eligible to be part of the pool, and may set criteria or conditions for their inclusion. By clearly identifying which assets are considered part of the pool, this clause ensures transparency and certainty for all parties, helping to allocate risk and clarify the scope of the transaction.
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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 5.8), 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:
(a) so long as no Event of Default exists, the Company may replace a Pool Asset with another asset of the Company (and Schedule II shall be modified to reflect such replacement), provided that (A) such replacement shall be made on at least a dollar-for-dollar basis based upon (x) in the case of the asset being removed from the Pool Assets, the Appraised Value of such Pool Asset (as determined by the most recently delivered Appraisal with respect to such Pool Asset) and (y) in the case of the asset being added to the Pool Assets, the Appraised Value of such asset (as determined by an Appraisal performed at the time of such replacement), and (B) prior to effecting the replacement, the Company shall have delivered an Officer's Certificate to the Administrative Agent certifying compliance with this Section 5.12 and attaching to such certificate the Appraisal required by Section 5.8;
(b) so long as no Event of Default exists or would result therefrom, the Company may remove an asset from the Pool Assets (and Schedule II shall be modified to reflect such removal), provided that (A) after giving effect to such removal, the Appraised Value of the remaining Pool Assets (as determined by an Appraisal of all Pool Assets performed at the time of such removal) shall satisfy the Collateral Coverage Test, and (B) prior to effecting the removal, the Company shall have delivered an Officer's Certificate to the Administrative Agent certifying that, and providing calculations demonstrating that, after giving effect to such removal, the Appraised Value of the Pool Assets shall satisfy the Collateral Coverage Test, and otherwise certifying compliance wi...
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.
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.
Pool Assets. The Pool’s assets:
(a) Shall not be commingled with the assets of any Participating Member;
(b) Shall not be loaned to anyone for any purpose or used as security for a loan, except as permitted for investments;
(c) Shall be employed solely for the purposes stated in this Membership Agreement and Bylaws, and applicable Minnesota law and rule; and
(d) Shall not be considered the property or right of any Participating Member or Covered Person, except for benefits under the Coverage Documents, for declared dividends or distributions, if any, or for its portion of assets remaining after the Pool’s dissolution.
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: 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 ▇▇▇-▇▇▇-▇▇▇▇-▇▇▇▇▇▇▇▇ ▇▇/▇▇/▇▇ ▇▇▇▇ ▇.▇.-(▇▇▇▇▇)-▇▇▇▇ ▇▇▇▇ Combination Frequency Allocation Order 2009-1-8,OST-2008-0162 None #90786605v3 This Compliance Certificate (this “Certificate”) is delivered pursuant to Section 5.01(c) of that certain CREDIT AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), dated as of April 19, 2018, among DELTA AIR LINES, INC., a Delaware corporation (the “Borrower”), e...
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 ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ The Bank of Nova Scotia, as a Purchaser Agent ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ 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...
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).
Pool Assets