Maximum Applicable Percentage definition

Maximum Applicable Percentage. Defined in the Fee Letter, which definition is incorporated herein by reference.

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Maximum Applicable Percentage. The meaning set forth in the Fee Letter, which definition is incorporated by reference herein. “Maximum Purchased Asset PPV Requirement”: The meaning set forth in the Fee Letter, which definition is incorporated by reference herein. “Maximum Purchase Price”: For each Purchased Asset as of each related Purchase Date and the date of any Additional Advance, the amount equal to the product of (i) the applicable Maximum Applicable Percentage, multiplied by (ii) the Market Value of such Purchased Asset as of the Purchase Date therefor, and set forth on the most-recent Confirmation for such Purchased Asset. “Minimum Purchased Asset Debt Yield Requirement”: The meaning set forth in the Fee Letter, which definition is incorporated herein by reference. “Moody’s”: ▇▇▇▇▇’▇ Investors Service, Inc. or, if ▇▇▇▇▇’▇ Investors Service, Inc. is no longer issuing ratings, another nationally recognized rating agency reasonably acceptable to Buyer. “Mortgage”: Any mortgage, deed of trust, assignment of rents, security agreement and fixture filing, or other instruments creating and evidencing a lien on real property and other property and rights incidental thereto. “Mortgage Asset File”: The meaning specified in the Custodial Agreement. “Mortgage Loan Documents”: With respect to any Whole Loan, those documents executed in connection with and/or evidencing or governing such Whole Loan, including, without limitation those that are required to be delivered to Custodian under the Custodial Agreement. “Mortgage Note”: The original executed promissory note or other evidence of the indebtedness of a Mortgagor with respect to a commercial mortgage loan. “Mortgaged Property”: The real property (including all improvements, buildings, fixtures, building equipment and personal property thereon and all additions, alterations and replacements made at any time with respect to the foregoing) and all other collateral directly or indirectly securing repayment of the debt evidenced by (a) a Mortgage Note (in the case of a Whole Loan) or (b) the Mortgage Note evidencing an interest in the Whole Loan to which such Senior Interest relates (in the case of a Senior Interest), in each case securing such Whole Loan.

Maximum Applicable Percentage. For each Purchased Asset as of any date, the maximum applicable percentage determined by Buyer for such Purchased Asset on the Purchase Date and set forth in the Confirmation for such Purchased Asset, and which in no event shall exceed seventy-five percent (75%).

Examples of Maximum Applicable Percentage in a sentence

If terms in a Future Funding Confirmation are inconsistent with terms in this Agreement with respect to a particular Future Funding Transaction, other than with respect to the Applicable Percentage and Maximum Applicable Percentage set forth in such Future Funding Confirmation, this Agreement shall prevail.
In connection with any such Additional Purchase Advance Transaction, Buyer and Seller shall execute and deliver to each other an updated Confirmation setting forth the new Maximum Applicable Percentage and outstanding Purchase Price with respect to such Purchased Asset.
Buyer and Seller agree that, so long as the conditions set forth in Section 1.c of the Additional Terms and Conditions of this Confirmation are complied with, the Purchase Price, Market Value, Applicable Percentage and Maximum Applicable Percentage of the Mortgage Loan under this Confirmation shall include the principal amount of the Mezzanine Loan and the Market Value of the Mezzanine Loan.
If at any time, any of the terms and conditions set forth in such Section 1.c are not complied with, the Repurchase Date for the Mortgage Loan shall, upon written notice from Buyer to Seller, be immediately deemed to occur and the Purchase Price, Market Value, Applicable Percentage and Maximum Applicable Percentage of the Mortgage Loan shall be recalculated without giving effect to the principal amount of the Mezzanine Loan or the Market Value of the Mezzanine Loan.
Subject to Section 1, and without limiting the parties' relative rights and obligations under the Merger Agreement, if any additional shares of Issuer Common Stock are issued after the date of this Agreement (other than pursuant to an event described in the first sentence of this Section 7(a)), the number of shares of Issuer Common Stock subject to the Option will be adjusted so that, after such issuance, it equates the Maximum Applicable Percentage.
Subject to Section 1, and without limiting the parties' relative rights and obligations under the Merger Agreement, if any additional shares of Company Common Stock are issued after the date of this Agreement (other than pursuant to an event described in the first sentence of this Section 7(a)), the number of shares of Company Common Stock subject to the Option will be adjusted so that, after such issuance, it equates the Maximum Applicable Percentage.
If the terms set forth in such Future Funding Confirmation are inconsistent with terms in this Agreement with respect to the related Future Funding Transaction, other than with respect to the Applicable Percentage and Maximum Applicable Percentage set forth in such Future Funding Confirmation, the related Future Funding Confirmation shall prevail.
In connection with clause (i) of this Subsection 3.05(c), Seller shall, in connection with the required reduction in Maximum Applicable Percentage, Applicable Percentage and Purchase Price for any Participation Interests that are Purchased Assets, execute new Confirmations to confirm the new Maximum Applicable Percentage, Applicable Percentage and reduced outstanding Purchase Price for each such Purchased Asset (without payment of the Exit Fee).

More Definitions of Maximum Applicable Percentage

Maximum Applicable Percentage. “Pledge Agreement”, “Pricing Margin”, “Repurchase Date”, and “Utilization Threshold Amount” as set forth in ARTICLE 2 of the Repurchase Agreement, are hereby amended and restated in their entirety to read as follows:

Maximum Applicable Percentage. For each Purchased Asset as of any date, the maximum applicable percentage determined by Buyer for such Purchased Asset on the related Purchase Date and set forth in the Confirmation for such Purchased Asset, not to exceed (a) seventy-five percent (75%) for all Eligible Assets consisting of Core Purchased Assets other than Hotel Assets and CMBS Purchased Assets, (b) seventy percent (70%) for all Eligible Assets consisting of Core Purchased Assets which are Hotel Assets, (c) sixty-five percent (65%) for all Eligible Assets consisting of Flex Purchased Assets other than Hotel Assets, (d) sixty percent (60%) for all Eligible Assets consisting of Flex Purchased Assets which are Hotel Assets and, (e) for CMBS Purchased Assets, eighty-five percent (85%), or such lower Applicable Percentage as may be required based on the maximum LTV Ratio and minimum Debt Yield for the applicable CMBS Purchased Asset, in accordance with the CMBS Pricing Margin Table.