Barclays Capital is a reference to Barclays Capital, the investment banking division of Barclays Bank PLC;
CET1 Capital means, as of any Balance Sheet Date, the aggregate amount, in Swiss francs, of items that constitute common equity tier 1 capital of the Group as of such Balance Sheet Date, less any deductions from common equity tier 1 capital required to be made, in each case as determined by the Group Holding Company pursuant to the BIS Regulations applicable to the Group Holding Company as of such Balance Sheet Date, and as (i) disclosed in the Quarterly Financial Accounts published on the relevant Ordinary Publication Date or (ii) may be disclosed as a component of the Reviewed Interim Measurement published upon the instruction of the FINMA on the relevant Extraordinary Publication Date, as applicable. For the avoidance of doubt, the term "common equity tier 1 capital" as used in this definition has the meaning assigned to such term in the BIS Regulations in effect as of the relevant Balance Sheet Date.
Equity Capital means capital invested in common or preferred stock, royalty rights, limited partnership interests, limited liability company interests, or any other security or rights that evidence ownership in a private business.
GE Capital means General Electric Capital Corporation, a Delaware corporation.
Net Capital Net Capital shall mean "net capital" as defined in Rule 15c3-1.
Minimum capital or "minimum required capital" means the capital that must be constantly maintained by a stock insurance corporation as required by statute.
Mizuho means Mizuho Bank, Ltd.
Wachovia means Wachovia Bank, National Association, a national banking association, and its successors.
Goldman Sachs means Goldman Sachs & Co. LLC.
JPMorgan Chase Bank means JPMorgan Chase Bank, N.A. and its successors.
WAC Cap With respect to the Mortgage Loans as of any Distribution Date, the product of (i) the weighted average of the Adjusted Net Mortgage Rates then in effect on the beginning of the related Due Period on the Mortgage Loans and (ii) a fraction, the numerator of which is 30 and the denominator of which is the actual number of days in the Interest Accrual Period related to such Distribution Date.
Committed Capital means $20,837,637.00 for 14,129,250 Class A Capital Units to be issued with respect to Members receiving Class A Capital Units in the Reorganization, and, with respect to any additional Members, the purchase price of the Capital Units subscribed for in any subsequent offering pursuant to a subscription agreement that has been accepted by the Company, regardless of whether such purchase price has been fully paid.
GE Capital Fee Letter means that certain letter, dated as of the Closing Date, between GE Capital and Borrower with respect to certain Fees to be paid from time to time by Borrower to GE Capital.
Venture capital fund means a private fund that meets the definition of a venture capital fund in SEC Rule 203(l)-1, 17 C.F.R. § 275.203(l)-1.
Credit Suisse means Credit Suisse AG, Cayman Islands Branch.
JPMorgan means JPMorgan Chase Bank, N.A. and its successors.
KeyBank means KeyBank National Association.
LLC means Limited Liability Company.
Foothill means Foothill Capital Corporation, a California corporation.
Deutsche Bank means Deutsche Bank AG and its affiliated companies, as the context requires.
Fortis means Fortis Inc.;
Citicorp has the meaning specified in the preamble to this Agreement.
Royal Bank means Royal Bank of Canada.
BMO shall have the meaning assigned to such term in the preamble to this Agreement.
Corporate Finance Fee means the fee to be paid to the Agent by the Issuer in consideration of corporate finance and structuring services provided by the Agent;
Junior Capital collectively, any Indebtedness of any Parent or the Borrower that (a) is not secured by any asset of the Borrower or any Restricted Subsidiary, (b) is expressly subordinated to the prior payment in full of the Loans on terms consistent with those for senior subordinated high yield debt securities issued by U.S. companies sponsored by either of the Sponsors (as determined in good faith by the Borrower, which determination shall be conclusive), (c) has a final maturity date that is not earlier than, and provides for no scheduled payments of principal prior to, the date that is 91 days after the Initial Term Loan Maturity Date (other than through conversion or exchange of any such Indebtedness for Capital Stock (other than Disqualified Stock) of the Borrower, Capital Stock of any Parent or any other Junior Capital), (d) has no mandatory redemption or prepayment obligations other than (x) obligations that are subject to the prior payment in full in cash of the Loans or (y) pursuant to an escrow or similar arrangement with respect to the proceeds of such Junior Capital and (e) does not require the payment of cash interest until the date that is 91 days following the Initial Term Loan Maturity Date.