Eligible Portfolio Assets definition

Eligible Portfolio Assets means those financial or other investments or instruments that the Issuer purchases, originates or otherwise owns from time to time (which will always constitute "assets" as defined under s.110 of the Irish Taxes Consolidation Act 1997 (as amended)).
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Eligible Portfolio Assets means, collectively, at any time, each Portfolio Asset that:
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Eligible Portfolio Assets means a Portfolio Asset: (a) which ------------------------- constitutes an "account" or "general intangible", as such terms are defined in the UCC of all jurisdictions the laws of which are applicable for determining whether the interests created by the Program Documents are perfected, and the obligor in respect of which is organized in the United States but not a governmental entity (provided that a Portfolio Asset shall not be deemed to fail -------- to meet the foregoing obligor condition solely because a minor portion of the Shareholders of a Fund are not organized in or residents of the United States or are governmental entities); (b) which is denominated and payable in Dollars; (c) which constitutes a legal, valid and binding contractual obligation of the obligor thereof enforceable in accordance with its terms, which is fully vested, not executory and shall not be subject to a dispute, offset, counterclaim, defense or Adverse Claim whatsoever, except as enforceability may be limited by applicable bankruptcy laws and other similar laws effecting the rights and remedies of creditors generally and equitable principles whether considered in a proceeding in equity or law, and in the case of Portfolio Assets sold on a 5.5% commission structure basis, each of the conditions set forth in the Principal Shareholder Servicer's Agreement and Shareholder Services Agreement have been met in respect of the related Shares which are necessary so that the Principal Shareholder Servicer's entitlement to the Shareholder Servicing Fee in respect of the related Shares is deemed to be fully earned as of the issuance thereof and to render the applicable Fund's obligation to pay the Shareholder Servicing Fee in respect thereof absolute and unconditional and so that it shall not be subject to dispute, offset, counterclaim or any defense whatsoever (except in connection with a Complete Termination, as defined in the Principal Shareholder Servicer's Agreement); (d) which does not and the origination of which did not contravene any Applicable Law; (e) which, in respect of Asset Based Sales Charges, requires the payment thereof at the Maximum Sales Charge Allowable; (f) which, in respect of Contingent Deferred Sales Charges, requires the payment thereof at the rate set forth on Schedule IV to the Master Agreement; (g) which, in respect of Shareholder Servicing Fees, requires the payment thereof at the Maximum Service Fee Allowable; and (h) with respect to which the related Shar...
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Examples of Eligible Portfolio Assets in a sentence

  • The principal objects of the Issuer are set out in Clause 2 of its Memorandum of Association and permit, inter alia, the issuance of the Securities, entering into of the Transaction Documents, the purchase and origination of the Eligible Portfolio Assets and any and all other activities relating to the transactions described in this Information Memorandum.

  • The Borrower shall not use the proceeds of the Advances other than to (i) finance the Borrower’s origination and/or purchase of Eligible Portfolio Assets, (ii) pay fees and expenses (excluding interest payments due hereunder) due and payable hereunder and with respect to Eligible Portfolio Assets and (iii) to make Restricted Junior Payments permitted in accordance with Section 5.02(k).

  • The recent explosion that caused an oil spill from an offshore drilling rig in the Gulf of Mexico shows the need for extremely strict safety measures for equipment and personnel in such an environment.

  • The Administrative Agent individually, at the request of the Qualified Required Lenders, based upon a good faith belief that the valuations provided by the Valuation Agent are not representative of the Fair Market Value of any Eligible Portfolio Asset(s), shall have the right to request that such Eligible Portfolio Asset(s) be independently evaluated by an independent third-party pricing service or valuation firm as selected by the Qualified Required Lenders (the “Independent Valuation Provider”).

  • Amounts standing to the credit of the Prefunding Account will be withdrawn, in whole or part, by the Issuer and used to purchase Eligible Portfolio Assets (see "The Portfolio - Description of the Eligible Portfolio Assets" and "The Portfolio – Prefunding Account ).THE ISSUER The Issuer is a private company that was incorporated under Irish law on 20 April 2006.

  • Stated Amount: The Stated Amount of the Securities shall be equal to the amount ineuros stated on the face of the Certificates (as defined in Condition 1 of the Securities).Hedge Transactions: The Issuer may enter into from time to time currency hedgeagreements and asset swap agreements ("Currency Hedge Agreements" and "Asset Swap Agreements", respectively) or other hedging arrangements with one or more financial institutions with respect to the Eligible Portfolio Assets.

  • In such circumstances, the Securities will cease to be secured by such Eligible Portfolio Assets loaned pursuant to such Securities Lending Agreement but will then forth be secured by the rights of the Issuer under such Securities Lending Agreements.

  • The Eligible Portfolio Assets as of the Closing Date are set forth on Schedule I attached hereto and are owned by the Loan Parties.

  • The Borrower shall not use the proceeds of the Advances other than to (i) finance the Borrower's origination and/or purchase of Eligible Portfolio Assets, (ii) pay fees and expenses (excluding interest payments due hereunder) due and payable hereunder and with respect to Eligible Portfolio Assets and (iii) to make Restricted Junior Payments permitted in accordance with Section 5.02(k).

  • The Borrower shall not use the proceeds of the Advance other than (i) to finance the Transfer of Eligible Portfolio Assets, (ii) to pay fees and expenses of Holdings and the Borrower in connection with the transactions contemplated by this Agreement and any Underlying Agreement, including brokers fees, and (iii) to make Restricted Junior Payments permitted hereunder.


More Definitions of Eligible Portfolio Assets

Eligible Portfolio Assets means a Portfolio Asset: (a) which constitutes an "account" or "general intangible," as such terms are defined in the UCC of all jurisdictions the laws of which are applicable for determining whether the interests created by the Program Documents are perfected, and the obligor in respect of which is an Eligible Fund or a shareholder of an Eligible Fund resident or organized in the United States but not a governmental entity (PROVIDED that a Portfolio Asset shall not be deemed to fail to meet the foregoing obligor condition solely because a minor portion of the Shareholders of a Fund are not organized in or residents of the United States or are governmental entities); (b) which is denominated and payable in Dollars; (c) which constitutes a legal, valid and binding contractual obligation of the obligor thereof enforceable in accordance with its terms, which is fully vested, not executory and shall not be subject to a dispute, offset, counterclaim, defense or Adverse Claim whatsoever, except as enforceability may be limited by applicable bankruptcy laws and other similar laws affecting the rights and remedies of creditors of the obligor generally and general principles of equity whether considered in a proceeding in equity or law; (d) which does not and the origination of which did not contravene any Applicable Law; (e) which, in respect of Asset Based Sales Charges, requires the payment thereof at the Maximum Aggregate Sales Charge Allowable; (f) which, in respect of Contingent Deferred Sales Charges, the terms of which require the payment thereof at the rate set forth on Schedule III to the Master Agreement and do not permit Free Redemptions except in the specific situations set forth in the applicable registration statement as in effect on the Closing Date (the foregoing not being intended to limit the Distributor's right to amend the Contingent Deferred Sales Charges or the terms thereof with respect to Contingent Deferred Sales Changes not sold to the Purchaser); and (g) with respect to which the related Share does not have a Conversion Feature other than a Permitted Conversion Feature, and (h) with respect to which the related Shares do not have a Redemption Feature other than a Permitted Redemption Feature.
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Eligible Portfolio Assets means Eligible Credit Assets, Eligible First Lien Credit Assets, Eligible Public Equities, Eligible Private Assets, Eligible Brand Assets and Eligible Consumer Receivables Assets.
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Eligible Portfolio Assets has the meaning given to it in the Purchase Agreement; "Euroclear" means Euroclear Bank SA/NV;
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Eligible Portfolio Assets means a Portfolio Asset: (a) which constitutes an "account" or "general intangible," as such terms are defined in the UCC of all jurisdictions the laws of which are applicable for determining whether the interests created by the Program Documents are perfected, and the obligor in respect of which is an Eligible Fund or a shareholder of an Eligible Fund resident or organized in the United States but not a governmental entity (provided that a Portfolio Asset shall not be deemed to fail to meet the foregoing obligor condition solely because a minor portion of the Shareholders of a Fund are not organized in or residents of the United States or are governmental entities); (b) which is denominated and payable in Dollars; (c) which constitutes a legal, valid and binding contractual obligation of the obligor thereof enforceable in accordance with its terms (including the terms of the related Distributor's Contract permitting termination of the obligation in connection with a Complete Termination of the related Distribution Plan), which is fully vested, not executory and shall not be subject to a dispute, offset, counterclaim, defense or Adverse Claim whatsoever, except as enforceability may be limited by applicable bankruptcy laws and other similar laws affecting the rights and remedies of
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Related to Eligible Portfolio Assets

  • Eligible Portfolio Investment means any Portfolio Investment held by any Obligor (and solely for purposes of determining the Borrowing Base, Cash and Cash Equivalents held by any Obligor) that, in each case, meets all of the criteria set forth on Schedule 1.01(d) hereto; provided, that no Portfolio Investment, Cash or Cash Equivalent shall constitute an Eligible Portfolio Investment or be included in the Borrowing Base if the Collateral Agent does not at all times maintain a first priority, perfected Lien (subject to no other Liens other than Eligible Liens) on such Portfolio Investment, Cash or Cash Equivalent or if such Portfolio Investment, Cash or Cash Equivalent has not been or does not at all times continue to be Delivered (as defined in the Guarantee and Security Agreement). Without limiting the generality of the foregoing, it is understood and agreed that any Portfolio Investments that have been contributed or sold, purported to be contributed or sold or otherwise transferred to any Financing Subsidiary, or held by any Financing Subsidiary, or which secure obligations of any Financing Subsidiary, shall not be treated as Eligible Portfolio Investments. Notwithstanding the foregoing, nothing herein shall limit the provisions of Section 5.12(b)(i), which provide that, for purposes of this Agreement, all determinations of whether an Investment is to be included as an Eligible Portfolio Investment shall be determined on a settlement-date basis (meaning that any Investment that has been purchased will not be treated as an Eligible Portfolio Investment until such purchase has settled, and any Eligible Portfolio Investment which has been sold will not be excluded as an Eligible Portfolio Investment until such sale has settled); provided that no such Investment shall be included as an Eligible Portfolio Investment to the extent it has not been paid for in full.

  • Portfolio Assets means all Loan Assets owned by the Borrower, together with all proceeds thereof and other assets or property related thereto, including all right, title and interest of the Borrower in and to:

  • Portfolio Asset means an asset of an investment fund;

  • Eligible Receivables means and include with respect to each Borrower, each Receivable of such Borrower arising in the Ordinary Course of Business and which Agent, in its sole credit judgment, shall deem to be an Eligible Receivable, based on such considerations as Agent may from time to time deem appropriate. A Receivable shall not be deemed eligible unless such Receivable is subject to Agent’s first priority perfected security interest and no other Lien (other than Permitted Encumbrances), and is evidenced by an invoice or other documentary evidence satisfactory to Agent. In addition, no Receivable shall be an Eligible Receivable if:

  • Portfolio Value means the aggregate amount of portfolio of investments including cash balance without netting off of leverage undertaken by the CDMDF.

  • Eligible Unbilled Receivable means, at any time, any Unbilled Receivable if (a) the related Originator has recognized the related revenue on its financial books and records under GAAP, and (b) not more than thirty (30) days have expired since the date such Unbilled Receivable arose.

  • Eligible Assets means property that is used or useful in the same or a similar line of business as the Borrower and its Subsidiaries were engaged in on the Closing Date (or any reasonable extension or expansions thereof).

  • Eligible Vehicle means a Vehicle (which includes, for the avoidance of doubt, a Service Vehicle) in Spain, Germany, The Netherlands, Italy or France (as applicable):

  • Portfolio Investment means any Investment held by the Borrower and its Subsidiaries in their asset portfolio.

  • Qualified Assets means any of the following assets: (i) interests, rights, options, warrants or convertible or exchangeable securities of the Partnership; (ii) Debt issued by the Partnership or any Subsidiary thereof in connection with the incurrence of Funding Debt; (iii) equity interests in Qualified REIT Subsidiaries and limited liability companies (or other entities disregarded from their sole owner for U.S. federal income tax purposes, including wholly owned grantor trusts) whose assets consist solely of Qualified Assets; (iv) up to a one percent (1%) equity interest in any partnership or limited liability company at least ninety-nine percent (99%) of the equity of which is owned, directly or indirectly, by the Partnership; (v) cash held for payment of administrative expenses or pending distribution to security holders of the General Partner or any wholly owned Subsidiary thereof or pending contribution to the Partnership; and (vi) other tangible and intangible assets that, taken as a whole, are de minimis in relation to the net assets of the Partnership and its Subsidiaries.

  • Purchased Loan A motor vehicle retail installment loan relating to the sale of an automobile or light-duty truck originated by a Dealer, purchased by CAC or a subsidiary from such Dealer and evidenced by a motor vehicle retail installment sales contract.

  • Eligible Receivable means, at any time, a Receivable:

  • Purchased Loans means, with respect to each Purchase Agreement, the Loans offered for sale and purchased or substituted pursuant to such Purchase Agreement.

  • Portfolio Investments has the meaning set forth in the introductory section of this Agreement.

  • Eligible Loan means a Loan offered for sale or substituted by Seller under a Sale Agreement which as of the Statistical Cutoff Date, in the case of the Initial Loans, or as of the related Subsequent Cutoff Date, in the case of any Additional Loan or Substituted Loan, is current or not more past due than permitted under such Sale Agreement in payment of principal or interest and which meets the following criteria as of the Statistical Cutoff Date, in the case of the Initial Loans, or as of the effective date of the related Xxxx of Sale, in the case of any Additional Loan or Substituted Loan:

  • Mortgage Assets The Mortgage Loans to be included in the Trust Fund are as described in Annex A hereto.

  • Eligible Accounts Receivable means only such accounts receivable of the Borrower as the Bank, in its sole discretion, shall deem eligible. Without limiting the discretion of the Bank to consider any account receivable not to be an Eligible Account Receivable, and by way of example only of the types of accounts receivable that the Bank will consider not to be Eligible Accounts Receivable, notwithstanding any earlier classification of eligibility, the following accounts receivable shall not be considered Eligible Accounts Receivable: (i) any account receivable which is not paid in full within 90 days after it is created; (ii) any account receivable as to which any warranty is breached; (iii) any account receivable as to which the account debtor or other obligor disputes liability or makes any claim; (iv) any account receivable owed by any officer, director or shareholder of the Borrower or any of their relatives or any partnership, corporation, association, joint venture or other business entity wholly or partly owned or controlled directly or indirectly by the Borrower or any of them or any of their relatives; (v) any account receivable owed by any person as to whom a petition in bankruptcy or other application for relief is filed under any bankruptcy, reorganization, receivership, moratorium, insolvency or s law; (vi) any account receivable owed by any person who makes an assignment for the benefit of creditors, becomes insolvent, fails, suspends business, or goes out of business; (vii) any account receivable owed by the United States government or any agency of the United States government; (viii) any account receivable owed by any person if 10% or more in amount of the accounts receivable owed by such person to the Borrower are considered ineligible; (ix) consignment receivables; (x) bonded receivables; (xi) any account receivable constituting a retainage; (xii) any account receivable for goods which have not been shipped or work which has not been fully performed; (xiii) any account receivable owed by any person outside the United States of America, except account debtors approved in writing by the Bank (approved foreign account debtors are described on Exhibit B) ; (xiv) any account receivable owed by any person with whose creditworthiness the Bank becomes dissatisfied; and (xv) any account receivable in which the Bank does not have a perfected security interest constituting a first hen. In the event the Borrower owes any amount to any person that owes an account receivable to the Borrower, such amount owed by the Borrower shall be deducted from that portion of the account receivable which would otherwise qualify as an Eligible Account Receivable and only the difference thereof shall be considered an Eligible Account Receivable. No account receivable which does not qualify as an Eligible Account Receivable shall be considered an Eligible Account Receivable unless the Bank, upon the written request of the Borrower, states in writing that such account receivable is to be considered an Eligible Account Receivable.

  • Sale Assets is defined in Section 5.2(a)(ii).

  • Eligible Substitute Mortgage Loan With respect to a Mortgage Loan substituted by the Transferor for a Deleted Mortgage Loan, a Mortgage Loan which must, on the date of such substitution, (i) have a Principal Balance, (or, in the case of a substitution of more than one mortgage loan for a Deleted Mortgage Loan, an aggregate Principal Balance), not in excess of, and not more than 10% less than the Principal Balance of the Deleted Mortgage Loan; (ii) be accruing interest at a rate no lower than and not more than 1% per annum higher than, that of the Deleted Mortgage Loan; (iii) have a Loan-to-Value Ratio no higher than that of the Deleted Mortgage Loan; (iv) have a remaining term to maturity no greater than (and not more than one year less than that of) the Deleted Mortgage Loan; (v) comply with each representation and warranty set forth in Section 2.03 hereof; (vi) be the same credit grade category as the Deleted Mortgage Loan; (vii) have the same prepayment penalty term; and (viii) not be a Cooperative Mortgage Loan unless the Deleted Mortgage Loan was a Cooperative Mortgage Loan.

  • Eligible Loans has the meaning specified in any of the Purchase Agreements or the Sale Agreement, as applicable.

  • Receivables Related Assets means accounts receivable, instruments, chattel paper, obligations, general intangibles and other similar assets, in each case relating to receivables subject to the Permitted Receivables Facility, including interests in merchandise or goods, the sale or lease of which gave rise to such receivables, related contractual rights, guaranties, insurance proceeds, collections and proceeds of all of the foregoing.

  • Eligible Account Receivable means an Account Receivable owing to the Company or any Domestic Subsidiary which meets the following requirements:

  • Eligible Mortgage Loan means a Mortgage Loan:

  • Permitted Receivables Related Assets means any other assets that are customarily transferred or in respect of which security interests are customarily granted in connection with asset securitization transactions involving receivables similar to Receivables and any collections or proceeds of any of the foregoing.

  • Eligible Real Property means, as to any Borrower, Real Property owned by such Borrower in fee simple in each case which are acceptable to Agent in good faith based on the criteria set forth below. In general, Eligible Real Property shall not include: (i) Real Property which is not operated by a Borrower except as Agent may otherwise agree; (ii) Real Property subject to a security interest, lien, mortgage or other encumbrance in favor of any person other than Agent (and other than those permitted under Section 9.8(b), 9.8(c) or 9.8(d) hereof or are subject to an intercreditor agreement in form and substance satisfactory to Agent between the holder of such lien and Agent); (iii) Real Property that is not located in the continental United States of America; (iv) Real Property that is not subject to the valid and enforceable, first priority, perfected security interest, lien and mortgage of Agent; (v) Real Property where Agent determines that issues relating to compliance with Environmental Laws adversely affect such Real Property in such manner that such Real Property would not be acceptable for purposes of including it in the calculation of the Borrowing Base based on the customary practices, procedures and policies of Agent and its Affiliates; provided, that, if the Real Property is acceptable for such purposes in accordance with such practices, procedures and policies, subject to the satisfaction of the other conditions set forth herein and any requirements arising pursuant to such practices, procedures and policies, such Real Property will be considered Eligible Real Property but subject to the right of Agent to establish Reserves to reflect the adverse affect of any environmental conditions or events with respect thereto on its value or the ability of Agent to sell or otherwise realize on such Collateral; (vi) Real Property improved with residential housing; (vii) Real Property that is not subject to a then current final written appraisal by an appraiser reasonably acceptable to Agent (which shall be one of the appraisers selected by Agent from its list of approved appraisers), on which Agent and Lenders are expressly permitted to rely, and that is in form, scope and methodology reasonably satisfactory to Agent; (viii) if requested by Agent, Real Property for which Agent shall not have received a then current environmental audit conducted by an independent environmental engineering firm reasonably acceptable to Agent (based on Administrative Agent’s list of approved firms and in form, scope, substance and methodology reasonably satisfactory to Agent, the results of which are satisfactory to Agent; (ix) if requested by Agent, Real Property for which Agent shall not have received, in form and substance reasonably satisfactory to Agent, a valid and effective title insurance policy (whether in the form of a pro form policy or a marked up title policy commitment)) issued by a company and agent reasonably acceptable to Agent: (A) insuring the priority, amount and sufficiency of the Mortgage with respect to such Real Property, (B) insuring against matters that would be disclosed by surveys and (C) containing any legally available endorsements, assurances or affirmative coverage requested by Agent for protection of its interests. Any Real Property that is not Eligible Real Property shall nevertheless be part of the Collateral.

  • Qualified portfolio company means a company that (i) has its principal place of business in the