Erroneous Payment Return Deficiency has the meaning assigned to it in Section 8.09(d).
Erroneous Payment Return Deficiency has the meaning assigned thereto in Section 10.12(d).
Erroneous Payment Return Deficiency has the meaning assigned to it in Section 9.18(d).
Examples of Erroneous Payment Return Deficiency in a sentence
In addition, each party hereto agrees that, except to the extent that the Agent has sold an Advance (or portion thereof) acquired pursuant to an Erroneous Payment Deficiency Assignment, and irrespective of whether the Agent may be equitably subrogated, the Agent shall be contractually subrogated to all the rights and interests of the applicable Lender or other Finance Party under the Loan Documents with respect to each Erroneous Payment Return Deficiency (the “Erroneous Payment Subrogation Rights”).
More Definitions of Erroneous Payment Return Deficiency
Erroneous Payment Return Deficiency as defined in Section 9.14(d).
Erroneous Payment Return Deficiency has the meaning specified therefor in Section 17.16 of this Agreement.
Erroneous Payment Return Deficiency as defined in Section 9.14(d). “Erroneous Payment Subrogation Rights”: as defined in Section 9.14(d).
Erroneous Payment Return Deficiency is defined in Section 3.5(d).
Erroneous Payment Return Deficiency has the meaning specified therefor in Section 17.16 of this Agreement. “EU Bail-In Legislation Schedule” means the EU Bail-In Legislation Schedule published by the Loan Market Association (or any successor person), as in effect from time to time. “Event of Default” has the meaning specified therefor in Section 8 of this Agreement. “Exchange Act” means the Securities Exchange Act of 1934, as in effect from time to time. “Excluded Assets” has the meaning specified therefor in the Guaranty and Security Agreement. “Excluded Swap Obligation” means, with respect to any Loan Party, any Swap Obligation if, and to the extent that, all or a portion of the guaranty of such Loan Party of (including by virtue of the joint and several liability provisions of Section 2.15), or the grant by such Loan Party of a security interest to secure, such Swap Obligation (or any guaranty thereof) is or becomes illegal under the Commodity Exchange Act or any rule, regulation or order of the Commodity Futures Trading Commission (or the application or official interpretation of any thereof) by virtue of such Loan Party’s failure for any reason to constitute an “eligible contract participant” as defined in the Commodity Exchange Act and the regulations thereunder at the time the guaranty of such Loan Party or the grant of such security interest becomes effective with respect to such Swap Obligation. If a Swap Obligation arises under a master agreement governing more than one swap, such exclusion shall apply only to the portion of such Swap Obligation that is attributable to swaps for which such guaranty or security interest is or becomes illegal. “Excluded Taxes” means (i) any tax imposed on the net income or net profits of any Lender or any Participant (including any branch profits taxes), in each case imposed by the jurisdiction (or by any political subdivision or taxing authority thereof) in which such Lender or such Participant is organized or the jurisdiction (or by any political subdivision or taxing authority thereof) in which such Lender’s or such Participant’s principal office is located in or as a result of a present or former connection between such Lender or such Participant and the jurisdiction or taxing authority imposing the tax (other than any such connection arising solely from such Lender or such Participant having executed, delivered or performed its obligations or received payment under, or enforced its rights or remedies under this Agreement or any other Loan Docume...
Erroneous Payment Return Deficiency has the meaning assigned to it in Section 8.02(d). “European Insolvency Regulation” means Council Regulation (EC) No. 1346/2000 of May 29, 2012 on Insolvency Proceedings, as amended from time to time. “EU Bail-In Legislation Schedule” means the EU Bail-In Legislation Schedule published by the Loan Market Association (or any successor person), as in effect from time to time. “EURIBOR” means the Euro Interbank Offered Rate, as administered by the European Money Markets Institute (or any other Person that takes over the administration of such rate) for a period equal in length to such Interest Period, as displayed on the applicable Reuters page (or on any successor or substitute page or service providing such quotations as determined by the Administrative Agent from time to time). “EURIBOR Rate” means, for any day, with respect to any Credit Extension denominated in Euros, the rate per annum equal to EURIBOR determined pursuant to the definition thereof; provided that in no event shall the EURIBOR Rate be less than 0.00% per annum for the purposes of this Agreement. “EURIBOR Rate Revolving Loan” means a Revolving Loan that bears interest at a rate based on the definition of “EURIBOR Rate.” All EURIBOR Rate Revolving Loans must be denominated in Euros. “Event of Default” has the meaning assigned to such term in Article 7. “Exchange Act” means the Securities Exchange Act of 1934 and the rules and regulations of the SEC promulgated thereunder. “Exchange Currency” has the meaning assigned to such term in the definition of “Exchange Rate”. “Exchange Rate” means on any day with respect to any currency (the “Initial Currency”), the rate at which such currency may be exchanged into another currency (the “Exchange Currency”), as set forth at approximately the close of business on the Business Day that such conversion is to be made (or, if such conversion is to be made before close of business on such Business Day, then at approximately the close of business on the immediately preceding Business Day) on such day on the Reuters World Currency Page for the Initial Currency; in
Erroneous Payment Return Deficiency as defined in Section 9.14(d). “Erroneous Payment Subrogation Rights”: as defined in Section 9.14(d). “EU Bail-In Legislation Schedule”: the EU Bail-In Legislation Schedule published by the Loan Market Association (or any successor Person), as in effect from time to time. “Event of Default”: any of the events specified in Section 8.1; provided that any requirement for the giving of notice, the lapse of time, or both, has been satisfied. “Excess Cash”: as at any date, any amount, if any, in excess of the sum of (i) the amount required to be maintained as “minimum liquidity” or “minimum cash balance” or similar concept in any such SPV Subsidiary’s accounts pursuant to the definitive documentation of such SPV Subsidiary’s Permitted Secured Financings. “Exchange Act”: the Securities Exchange Act of 1934, as amended from time to time and any successor statute. “Excluded Accounts”: (i) Deposit Accounts or Security Accounts of any Group Member having an average daily balances (calculated on a trailing monthly basis) that do not exceed $1,000,000 individually or $5,000,000 in the aggregate (or such larger amounts as may be agreed to by the Administrative Agent in its reasonable discretion), (ii) Deposit Accounts or Security Accounts of any Group Member that are used primarily for the purpose of (a) payroll, accrued payroll or employee benefits, (b) tax, customs and other similar deposits, or (c) benefits or other trust accounts, (iii) zero balance accounts for which standing instructions to sweep cash to an account subject to a Control Agreement has been established and (iv) Deposit Accounts specially and exclusively used to cash-collateralize Letters of Credit to the extent permitted pursuant to this Agreement or in connection with Liens on deposits described in clauses (c) or (d) of Section 7.3. “Excluded Assets”: as defined in the Guarantee and Collateral Agreement. “Excluded Foreign Subsidiary”: any Foreign Subsidiary (X)(a) that is a CFC, or (b) that is a Subsidiary of a CFC described in clause (X)(a) hereof or (Y) in respect of which either (a) the pledge of (i) all of the Capital Stock of such Subsidiary as Collateral or (ii) any Capital Stock of any Subsidiary of such Subsidiary as Collateral, or (b) the guaranteeing by such Subsidiary of the Obligations, would, in the good faith judgment of Borrower, reasonably be expected to result in material adverse tax consequences to Borrower or any of its Subsidiaries. “Excluded Lender”: (a) any operating company en...