Committed Facilities definition

Committed Facilities means, collectively, the Revolving Facility, the Used Vehicle Flooring Facility, the Wholesale Leasing Facility, and the Daily Rental Facility. (55) (46) “Compliance Certificate” means a compliance certificate substantially in the form attached as Schedule 1.1(4655) signed by a Responsible Officer of Master ▇▇▇▇▇▇▇▇. (56) (47) “Contaminant” means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them that may (a) impair the quality of the environment for any use that can be made of it, (b) injure or damage property or plant or animal life, (c) harm or materially discomfort any Person, (d) adversely affect the health of any individual, (e) impair the safety of any individual, (f) render any property or plant or animal life unfit for use by man, or (g) cause loss of enjoyment of normal use of property, and includes any “contaminant” within the meaning assigned to such term in any Environmental Law. (57) (48) “Contingent Obligation” means any guarantee of Debt of any other Person or any agreement to maintain the net worth, working capital or other financial condition of any other Person in respect of such other Person’s Debt, whether direct, indirect or contingent, including, without limitation, any purchase or repurchase agreement, comfort letter, or keep-well, take-or- pay, through-put or other arrangement of whatever nature having the effect of assuring or holding harmless any Person against loss with respect to any Debt of such other Person; provided, however, that the term “Contingent Obligation” shall not include endorsements of - 11 - CREDIT AGREEMENT instruments for deposit or collection in the ordinary course of business. The amount of any Contingent Obligation shall be deemed to be an amount equal to the stated or determinable amount of the primary obligation in respect of which such Contingent Obligation is made or, if not stated or determinable, the maximum reasonably anticipated liability in respect thereof as determined in good faith by the Person subject to such obligation. (58) (49) “Contracts in Transit” means all amounts due to a Borrower from any financial institution on retail finance contracts from vehicle sales, including amounts receivable from wholesale sales (excluding financial institutions or finance companies which are Affiliates of a Borrower).

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Committed Facilities means any credit facility, liquidity facility or other financing arrangement (other than this Agreement and any Permitted Receivables Financing) pursuant to which the Company or any of its Subsidiaries may be advanced funds, provided that (a) each such facility or arrangement is a committed facility, (b) there are no restrictions on the use of proceeds of each such facility or arrangement and (c) the maturity date of each such facility or arrangement is at least 30 days beyond the maturity date of the 2017 Notes and the 2018 Notes.

Committed Facilities collectively, the Dollar Working Capital Facility Committed Tranche, the Multicurrency Working Capital Facility and the Acquisition Facility.

Examples of Committed Facilities in a sentence

• True and complete copies of the Committed Facilities for Memec Purchaser have been disclosed to Sellers.

• Notwithstanding the right of the Lead Arrangers to syndicate the Facilities and the right of the Commitment Parties to receive commitments with respect thereto, syndication of, or receipt of commitments or participations in respect of, all or any portion of commitments under the Committed Facilities of the Commitment Parties prior to the Closing Date shall not be a condition to the commitments of the Commitment Parties or the funding thereof.

• At least thirty (30) days prior to the commencement of such Transition Period, DaVita will provide Rockwell with a written transition plan containing an estimated forecast of monthly purchase volumes and Committed Facilities to be serviced by Rockwell during the Transition Period (the “Transition Plan”), which shall be approved in writing by Rockwell, such approval not to be unreasonably withheld.

• Each month during the Transition Period, DaVita shall submit a rolling three (3) month estimated forecast of monthly purchase volumes and Committed Facilities to be serviced by Rockwell during each month in such forecast period.

• Notwithstanding anything contained in this Agreement to the contrary, no Member shall be obligated to make any Capital Contributions in respect of the Committed Facilities to the extent that such Capital Contributions would, taking into account all Capital Contributions previously made by such Member with respect to such Committed Facilities, exceed such Member’s applicable Budget Cap with respect to such Committed Facilities.

• Furthermore, Customer agrees to grant Emageon a right to bid on purchases of PACS Hardware and Vended Service to be purchased by Committed Facilities as defined herein on or before * * *.

• The accuracy of the foregoing representations, in and of itself, shall not be a condition to our obligations hereunder or the funding of the Committed Facilities on the Closing Date or the effectiveness of the Amendment.

• For purposes of this paragraph, Committed Facilities means any Facilities that are: (i) part of the following Ascension Ministries: * * *; and (ii) any Facility that is listed in an executed Order Addendum.

More Definitions of Committed Facilities

Committed Facilities collectively, the Dollar Working Capital Facility Committed Tranche, the Multicurrency Working Capital Facility and the Acquisition Facility. USActive 56005294.156005294.9 -34-

Committed Facilities means the Initial Facilities and the PA Required Expansion Facilities, collectively.

Committed Facilities. ’ means the bank facilities under (1) a facility agreement dated on

Committed Facilities collectively, the Dollar Working Capital Facility Committed Tranche, the Multicurrency Working Capital Facility and the Acquisition Facility. “Committed Facilities Credit Exposure”: as to any Committed Lender at any time, the Dollar Working Capital Facility Committed Tranche Credit Exposure of such Committed Lender plus the Multicurrency Working Capital Facility Credit Exposure of such Committed Lender plus the Acquisition Facility Credit Exposure of such Committed Lender. “Committed Facilities Credit Exposure Percentage”: as to any Committed Lender at any time, the fraction (expressed as a percentage), the numerator of which is the Committed Facilities Credit Exposure of such Committed Lender at such time and the denominator of which is the aggregate Committed Facilities Credit Exposures of all of the Committed Lenders at such time. “Committed Lenders”: the Dollar Working Capital Facility Committed Tranche Lenders, the Multicurrency Working Capital Facility Lenders and the Acquisition Facility Lenders. “Commodity Account”: any “Commodity Account” as defined in Section 9-102 of the UCC, any “futures account” as defined under the PPSA and any “securities account” as defined in the Quebec STA in which is held “commodity futures contracts”, “security futures contracts”, “financial instrument futures contracts” and other similar “futures contracts”, as such terms are defined in the Quebec STA. “Commodity Contract”: (a) a Physical Commodity Contract, (b) any Commodity OTC Agreement or (c) a contract for the storage or transportation of any physical Eligible Commodity. “Commodity Exchange Act”: the Commodity Exchange Act (7 U.S.C. § 1 et seq.), as amended from time to time, and any successor statute. “Commodity OTC Agreement”: (i) any forward commodity contract (excluding any Forward Contract which is a Physical Commodity Contract), swap, option, collar, cap or floor transaction, in each case based on Eligible Commodities and (ii) any other similar transaction (including any option to enter into any of the foregoing) or any combination of the foregoing. “Commonly Controlled Entity”: an entity, whether or not incorporated, which is under common control with the U.S. Borrower within the meaning of Section 4001(a)(14) of ERISA or is part of a group which includes the U.S. Borrower and which is treated as a single employer under Section 414(b), (c), (m) or (o) of the Code.

Committed Facilities means facilities for borrowing (excluding facilities repayable on demand) made available to any member of the Group by third party financial institutions: