Beneficial Ownership Rule means 31 C.F.R. § 1010.230.
Beneficial Ownership Rule means 31 C.F.R. §1010.230.
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. “BSBY” means the Bloomberg Short Term Bank Yield Index, as administered by the BSBY Administrator. “BSBY Administrator” means Bloomberg Index Services Limited (or a successor administrator of BSBY selected by the Buyer in its discretion). “BSBY Rate” means, for any Discount Period, BSBY for a tenor comparable to such Discount Period, as such rate is published by the BSBY Administrator on the first day of such period (such day, the “BSBY Rate Determination Day”); provided that, (i) if the BSBY Administrator does not publish BSBY for a tenor comparable to such period, the BSBY Rate shall be determined by the Buyer by linear interpolation of the nearest two (2) tenors of BSBY that are so published, as such rate is otherwise determined pursuant to the terms of this definition, and (ii) if on any BSBY Rate Determination Day the BSBY Rate for the applicable tenor is not published by the BSBY Administrator, then the BSBY Rate shall be BSBY for the applicable tenor as most recently published by the BSBY Administrator. Notwithstanding the foregoing, if the BSBY Rate as determined above would be less than 0%, then the BSBY Rate shall be deemed to be 0.001% for purposes of the Agreement. “Business Day” means any day that is not a Saturday, Sunday or other day on which banks in New York City are required or permitted to close. “Buyer” has the meaning set forth in the preamble hereto. “Buyer’s Account” means the account specified as such in Exhibit G hereto, or such other bank account identified in writing by the Buyer to Seller from time to time. “Capital Stock” means, with respect to any Person, any and all common shares, preferred shares, interests, participations, rights in or other equivalents (however designated) of such Person’s capital stock, partnership interests, limited liability company interests, membership interests or other equivalent interests and any rights (other than debt securities convertible into or exchangeable for capital stock), warrants or options exchangeable for or convertible into such capital stock or other equity interests. Exhibit A-3 750740423 19632855
Examples of Beneficial Ownership Rule in a sentence
As of the Closing Date, the Borrower is an entity that is organized under the laws of the United States or of any state and at least 51% of whose common stock or analogous equity interest is owned directly or indirectly by a company listed on the New York Stock Exchange or the American Stock Exchange or designated as a NASDAQ National Market Security listed on the NASDAQ stock exchange and is excluded on that basis from the definition of “Legal Entity Customer” as defined in the Beneficial Ownership Rule.
Promptly following any change that would result in a change to the status as an excluded Legal Entity Customer under the Beneficial Ownership Rule, the Borrower shall execute and deliver to the Administrative Agent and the Lenders a Certification of Beneficial Owner(s) complying with the Beneficial Ownership Rule, in form and substance reasonably acceptable to the Administrative Agent and any Lender.
More Definitions of Beneficial Ownership Rule
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. "Benefit Plan" means each (i) employee pension benefit plan (as defined in Section 3(2) of ERISA) that are subject to Title I of ERISA, (ii) plan described in Section 4975(e)(1) of the Code, including individual retirement accounts or Xxxxx Plans that are not exempt under Section 4975(g) of the Code, and (iii) any entity whose underlying assets include "plan assets" (as defined in Section 3(42) of ERISA and Department of Labor Regulations Section 2510.3- 101) by reason of an employee benefit plan's or plans' investment in such entities. "Borrower" has the meaning given to such term in the Preamble. "Borrower Basic Documents" means all Basic Documents to which the Borrower is a party or by which it is bound. "Borrower's Account" means the bank account of the Borrower, as notified to the Administrative Agent from time to time in writing by the Borrower. "Borrowing Base" means, as of any date of determination, an amount equal to (i) the difference of (a) the Net Eligible Pool Balance as of such date, after giving effect to the related additions or removals of Receivables on such date, minus (b) the Required Overcollateralization as of such date, minus (c) the aggregate Adjusted Principal Balance of all Receivables that are owned by the Borrower on such date, after giving effect to the related additions or removals of
Beneficial Ownership Rule means 31 C.F.R. §1010.230. “Benefited Purchaser Group” is defined in Section 11.3(a).
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. “BGE Home Receivable” means all indebtedness and other obligations of any obligor, whether constituting an account, chattel paper, instrument or general intangible, arising in connection with the providing heating and air conditioning installations and repairs along with plumbing repairs, in each case, by the BGE Home division. “Billed-by-Originator Receivable” means any End-User Receivable other than a Billed- by-Utility Receivable. “Billed-by-Utility Obligor” means any Obligor with respect to which any of its Receivables are subject to a Billed-by-Utility Program. “Billed-by-Utility Program” means a program pursuant to which a Utility agrees to xxxx Receivables on behalf of an Originator and for which such bills are consolidated to include both Delivery Charges owing to such Utility as well as all amounts owing to such Originator under the related Receivable. “Billed-by-Utility Receivable” means any Receivable billed or contracted to be billed, as the case may be, by a Utility on behalf of an Originator to pursuant to a Billed-by-Utility Program. “Broken Funding Costs” means for any Capital of any Purchaser which: (i) is reduced for any reason on any day other than a Settlement Date, (ii) is initially funded at Term SOFR and is converted to another rate on any day other than a Settlement Date or (iii) is assigned, transferred or funded pursuant to a Funding Agreement or otherwise transferred or terminated on a date prior to the date on which it was originally scheduled to end; an amount equal to the excess, if any, of (A) the CP Costs or Financial Institution Yield (as applicable) that would have accrued during the remainder of the Settlement Periods or the tranche periods for Commercial Paper determined by the applicable Purchaser Agent or Agent to relate to such Capital (as applicable) subsequent to the date of such reduction, conversion, assignment, transfer, funding or termination of such Capital if
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. "Benefit Plan" means each (i) employee pension benefit plan (as defined in Section 3(2) of ERISA) that are subject to Title I of ERISA, (ii) plan described in Section 4975(e)(1) of the Code, including individual retirement accounts or Xxxxx Plans that are not exempt under Section 4975(g) of the Code and (iii) any entity whose underlying assets include "plan assets" (as defined in Section 3(42) of ERISA and Department of Labor Regulations Section 2510.3-101) by reason of an employee benefit plan's or plans' investment in such entities. "Blocked Account Control Agreement" means the Amended and Restated Blocked Account Control Agreement, dated as of December 31, 2020, by and among DFC, the Administrative Agent, and the Lockbox Bank, as such agreement may be amended or supplemented from time to time. "Borrower" has the meaning given to such term in the Preamble. "Borrower Basic Documents" means all Basic Documents to which the Borrower is a party or by which it is bound. "Borrower's Account" means the bank account of the Borrower, as notified to the Administrative Agent from time to time in writing by the Borrower,. "Borrowing Base" means, as of any date of determination, an amount equal to (i) the difference of (a) the Net Eligible Pool Balance as of such date, after giving effect to the related additions or removals of Receivables on such date, minus (b) the Required Overcollateralization as of such date, minus (c) the aggregate Adjusted Principal Balance of all Receivables that are owned by the Borrower on such date, after giving effect to the related additions or removals of Receivables on such date, for which either (1) no Certificate of Title of the type described in clause (i) or (ii) of the definition thereof was obtained by the 180th day following the day on which the related Receivable was originated or, without repetition, (2) a Certificate of Title of the type described in clause (i) or (ii) of the definition thereof was obtained that named “Southern Cascades Finance Corporation” as the secured party and a replacement Certificate of Title of the type described in clause (i) or (ii) of the definition thereof that names DFC, the Borrower or the Administrative Agent as secured party has not been obtained by June 30, 2021 (provided, that if any such Certificate of Title is obtained after such 180thday (in the case of
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. “Benefit Plan” means any employee benefit pension plan as defined in Section 3(2) of ERISA in respect of which the Seller, any Originator, Xxxxxx Tire or any ERISA Affiliate is, or at any time during the immediately preceding six years was, an “employer” as defined in Section 3(5)
Beneficial Ownership Rule means 31 C.F.R. § 1010.230. “Business Day” means any day that is not a Saturday, Sunday or other day on which banks in New York City are required or permitted to close. “Buyer” has the meaning set forth in the preamble hereto. “Buyer’s Account” means the account specified as such in Exhibit G hereto, or such other bank account identified in writing by the Buyer to Seller from time to time. “Capital Stock” means, with respect to any Person, any and all common shares, preferred shares, interests, participations, rights in or other equivalents (however designated) of such Person’s capital stock, partnership interests, limited liability company interests, membership interests or other equivalent interests and any rights (other than debt securities convertible into or exchangeable for capital stock), warrants or options exchangeable for or convertible into such capital stock or other equity interests. “Certification of Beneficial Owner(s)” means a certification regarding beneficial ownership of a Seller as required by the Beneficial Ownership Rule. “Change of Control” means Hanes, at any time, (i) ceasing to own, directly or indirectly, free and clear of any Adverse Claim and on a fully diluted basis, one hundred percent (100%) of the Capital Stock of each Seller (other than Hanes) or (ii) ceasing to control each Seller (other than Hanes). For the purposes of this definition, “control” of a Person means the possession, directly or indirectly, of the power to direct or cause the direction of its management and policies, whether through the ownership of voting securities, by contract or otherwise. “Closing Date” means the date of this Agreement. “Collections” means, with respect to any Receivable: (a) all funds that are received by any Seller or Servicer or any Affiliate on their behalf in payment of any amounts owed in respect of such Receivable (including purchase price, finance charges, interest and all other charges), or applied to amounts owed in respect of such Receivable (including insurance payments and net proceeds of the sale or other disposition of repossessed goods or other collateral or property of the related Account Debtor of such Receivable or any other Person directly or indirectly liable for the payment of such Receivable and available to be applied thereon), (b) all Deemed Collections, (c) all proceeds of all Related Security with respect to such Receivable and (d) all other proceeds of such Receivable. “Conforming Changes” means, with respect ...