Examples of Gotham Group in a sentence
The Borrower, the Servicer, the PNC Group, the Gotham Group, the Atlantic Group and the Agents are parties to that certain Sixth Amended and Restated Credit and Security Agreement, dated as of October 27, 2017 (as amended, restated or otherwise modified from time to time, the “Credit and Security Agreement”; capitalized terms used and not otherwise defined herein are used with the meanings attributed thereto in the Credit and Security Agreement).
By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Vice President and Treasurer The Gotham Group, Inc.
The Bank of Tokyo-Mitsubishi UFJ, Ltd., a Japanese chartered bank acting through its New York Branch has been requested and is willing to act as Gotham Group Agent on behalf of the Gotham Group in accordance with the terms hereof.
Unless and until Seller gives notice to the Gotham Group Agent of another Discount Rate in accordance with Section 4.4, the initial Discount Rate for any Receivables Interest of the Gotham Committed Purchaser (whether purchased directly from Seller or transferred by the Conduit to the Gotham Committed Purchaser pursuant to the terms and conditions of its Liquidity Agreement) shall be the Alternate Base Rate.
If the members of the Gotham Group do not unanimously agree to an Extension Request and the assignment to an Eligible Assignee does not occur as provided herein, the Liquidity Termination Date shall remain unchanged.
Seller shall ensure that the Receivables Interests of the Purchasers shall at no time exceed in the aggregate 100% (any such excess, a “Receivables Interest Excess”) and (ii) the aggregate Invested Amount of Xxxxx Fargo shall at no time exceed the Xxxxx Fargo Allocation Limit and the aggregate Invested Amount of the Gotham Group shall at no time exceed the Gotham Group Allocation Limit (any such excess, an (“Investment Excess”).
Seller (or Servicer, on Seller’s behalf) shall provide Xxxxx Fargo and the Gotham Group Agent with notice of each Incremental Purchase not later than 10:00 a.m. (New York City time) on the date of such Incremental Purchase in a form set forth as Exhibit II-A hereto for Xxxxx Fargo and Exhibit II-B hereto for the Gotham Group (each, a “Purchase Notice”).
The Borrower, the Servicer, the PNC Group, the Gotham Group, the Atlantic Group and the Agents shall treat this Amendment as not resulting in a significant modification of the Loans for U.S. federal, state and local income tax purposes.
Following receipt of a Purchase Notice, the Gotham Group Agent will determine whether the Conduit agrees to make its purchase.
If there is a Receivables Interest Excess or an Investment Excess, Seller shall pay to each of Xxxxx Fargo and the Gotham Group Agent (to be allocated to the members of the Gotham Group by the Gotham Group Agent) within one (1) Business Day Xxxxx Fargo’s and the Conduit’s respective Percentage of such Receivables Interest Excess or Investment Excess, as applicable.