SPE Transaction definition

SPE Transaction means any transaction existing on the Closing Date and future transactions consistent with, and not materially less advantageous to the Loan Parties or the Lenders than, those existing on the Closing Date pursuant to purchase, assignment and assumption and other related agreements whereby USD Rail LLC or USD Rail Canada ULC agrees to both (i) sell and assign its rights, title and interest in and to customer contract payments under certain fleet service agreements for certain railcars, and (ii) assign its respective payment obligations under the related leases for such railcars, in each case, to affiliated or other purchasers.
SPE Transaction means any transaction existing on the Closing Date and future transactions consistent with, and not materially less advantageous to the Loan Parties or the Lenders than, those existing on the Closing Date pursuant to purchase, assignment and assumption and other related agreements whereby USD Rail LLC or USD Rail Canada ULC agrees to (i) sell and assign its rights, title and interest in and to customer contract payments under certain fleet service agreements, and (ii) assign its respective payment obligations under related railcar leases, in each case, to affiliated purchasers.

Examples of SPE Transaction in a sentence

  • An opinion of counsel, satisfactory to the Administrative Agent, as to the enforceability, due authorization, execution and delivery of this Amendment Agreement and the due authorization, execution and delivery of the documents relating to the Permitted Distribution and the Permitted SPE Transaction.

  • The Administrative Agent shall have had opportunity to review and shall have found reasonably satisfactory the documents implementing the Permitted Distribution and the Permitted SPE Transaction, which shall be in substantially the form attached to the Amended Disclosure Schedule as Exhibit A-1 and Exhibit A-2, respectively.

  • Approval of issuance of a Lease Financing Loan shall be memorialized in writing by ALC, in a form set forth in the Financing Agreement, and executed by RSi SPE ("Transaction Approval").

  • The Administrative Agent shall have received, in form and substance satisfactory to it, a certification by ▇▇▇▇▇ Partnership that proceeds of the SPE Transaction have been remitted and applied in accordance with the proviso of Section 7.2.9(f) of the Amended Credit Agreement.

  • All net proceeds of the Permitted SPE Transaction shall have been remitted and applied, and the Administrative Agent shall have received, in form and substance satisfactory to it, a certification by ▇▇▇▇▇ Partnership that all net proceeds of the Permitted SPE Transaction have been remitted and applied, in accordance with the proviso of Section 7.2.9(f) of the Amended Credit Agreement.