Flip-in Date means the tenth business day after any Stock Acquisition Date or such earlier or later date as the Board of Directors of the Company may from time to time fix by resolution adopted prior to the Flip-In Date that would otherwise have occurred.
Post-Closing Tax Period means any taxable period beginning after the Closing Date and the portion of any Straddle Period beginning after the Closing Date.
Deconsolidation Date means the last date on which SpinCo qualifies as a member of the affiliated group (as defined in Section 1504 of the Code) of which Parent is the common parent.
Pre-Closing Taxable Period means with respect to any tax, any applicable taxable period ending on or prior to consummation of the transactions contemplated hereby on the Closing Date or the allocable portion of any applicable taxable period that includes but does not end on the Closing Date.
Consolidated First Lien Debt means, as to any Person at any date of determination, the aggregate principal amount of Consolidated Total Debt outstanding on such date that is secured by a first priority Lien on any asset or property of such Person or its Restricted Subsidiaries that constitutes Collateral.
Step-In Date means 5 Business Days after delivery of a Step-In Notice;
Scheduled Final Distribution Date No.: H-1 September 15, 2021 This certifies that Cede & Co. is the registered owner of a beneficial ownership interest in a Trust Fund, including the distributions to be made with respect to the Class H Certificates. The Trust Fund, described more fully below, consists primarily of a pool of Mortgage Loans secured by first liens on commercial, multifamily and manufactured housing properties and held in trust by the Trustee and serviced by the applicable Servicer. The Trust Fund was created, and the Mortgage Loans are to be serviced, pursuant to the Pooling and Servicing Agreement (as defined below). The Holder of this Certificate, by virtue of the acceptance hereof, assents to the terms, provisions and conditions of the Pooling and Servicing Agreement and is bound thereby. Also issued under the Pooling and Servicing Agreement are the Class A-1, Class A-1D, Class A-2, Class A-3, Class A-AB, Class A-4, Class A-5, Class A-1S, Class A-M, Class A-J, Class A-1A, Class XP, Class B, Class C, Class D, Class E, Class F, Class XS, Class G, Class J, Class K, Class L, Class M, Class N, Class O, Class P, Class Q, Class S, Class T, Class R and Class LR Certificates (together with the Class H Certificates, the "Certificates"; the Holders of Certificates issued under the Pooling and Servicing Agreement are collectively referred to herein as "Certificateholders"). This Certificate is issued pursuant to, and in accordance with, the terms of a Pooling and Servicing Agreement dated as of October 1, 2006 (the "Pooling and Servicing Agreement"), by and among Deutsche Mortgage & Asset Receiving Corporation, as Depositor, Capmark Finance Inc., as servicer (the "Capmark Servicer") with respect to all of the Mortgage Loans other than the mortgage loans known as the Ala Moan Portfolio Loan and the Fair Lakes Office Portfolio Loan which are being serviced by Wachovia Bank, National Association (the "Wachovia Servicer" and collectively with the Capmark Servicer, the "Servicers"), J.E. Robert Company, Inc., as specixx xexxxxxx (the "Special Servicer") and LaSalle Bank National Association, as trustee, (the "Trustee") and Paying Agent. To the extent not defined herein, capitalized terms used herein shall have the meanings assigned thereto in the Pooling and Servicing Agreement. The Trustee makes no representation or warranty as to any of the statements contained herein or the validity or sufficiency of the Certificates or the Mortgage Loans and has executed this Certificate in its limited capacity as Trustee under the Pooling and Servicing Agreement. Pursuant to the terms of the Pooling and Servicing Agreement, the Trustee, or the Paying Agent on behalf of the Trustee, will distribute (other than the final distribution on any Certificate), on the tenth day of each month, or if such day is not a Business Day, the Business Day immediately following such day, commencing in November 2006 (each such date, a "Distribution Date") an amount equal to such Person's pro rata share (based on the Percentage Interest represented by this Certificate) of that portion of the aggregate amount of principal and interest then distributable, if any, allocable to the Class H Certificates for such Distribution Date, all as more fully described in the Pooling and Servicing Agreement. Holders of this Certificate may be entitled to Prepayment Premiums and Yield Maintenance Charges as provided in the Pooling and Servicing Agreement. During each Interest Accrual Period (as defined below), interest on the Class H Certificates will be calculated based on a 360-day year consisting of twelve 30-day months on the outstanding Certificate Balance hereof.
Special Distribution Date means, with respect to any Special Payment, the Business Day chosen by the Subordination Agent pursuant to Section 2.04(a) for the distribution of such Special Payment in accordance with this Agreement.
Assumed Final Distribution Date The Distribution Date in July 2036.
priority date means the date of the earlier application that serves as the basis for the right of priority provided for in the Paris Convention;
Transaction Date means, with respect to the Incurrence of any Indebtedness by the Company or any of its Restricted Subsidiaries, the date such Indebtedness is to be Incurred and, with respect to any Restricted Payment, the date such Restricted Payment is to be made.
Tax Period means, with respect to any Tax, the period for which the Tax is reported as provided under the Code or other applicable Tax Law.
Make-Whole Fundamental Change Effective Date means (A) with respect to a Make-Whole Fundamental Change pursuant to clause (A) of the definition thereof, the date on which such Make-Whole Fundamental Change occurs or becomes effective; and (B) with respect to a Make-Whole Fundamental Change pursuant to clause (B) of the definition thereof, the applicable Redemption Notice Date.
Pre-Closing Tax Period means any Tax period ending on or before the Closing Date.
Consolidated First Lien Indebtedness means Consolidated Indebtedness that is secured by a first priority Lien (other than Permitted Liens) on assets of any Borrower or Restricted Subsidiary.
Consolidated First Lien Net Debt means Consolidated Total Net Debt minus the sum of (i) the portion of Indebtedness of the Borrower or any Restricted Subsidiary included in Consolidated Total Net Debt that is not secured by any Lien on the Collateral and (ii) the portion of Indebtedness of the Borrower or any Restricted Subsidiary included in Consolidated Total Net Debt that is secured by Liens on the Collateral, which Liens are expressly subordinated or junior to the Liens securing the Obligations.
Senior Final Distribution Date For each Certificate Group, the Distribution Date on which the Class Certificate Balance of each Class of related Senior Certificates has been reduced to zero.
Series of Junior Lien Debt means, severally, each issue or series of Junior Lien Debt for which a single transfer register is maintained.
Payoff Period For the first Distribution Date, the period from the Cut-Off Date through November 14, 2005, inclusive; and for any Distribution Date thereafter, the period from the 15th day of the Prior Period through the 14th day of the month of such Distribution Date, inclusive.
Note Date Debt Ratio: City: Stat Zip Purpose: Curr Rate: CLTV: Prin Bal: Maturity Lien Pos: 9243725 180 14 $128,000.00 $32,000.00 764 0391778685 3 179 1 $160,000.00 7/29/2004 31 Eagle Mountain UT 84043 01 3.000 100 $32,000.00 7/29/2019 2 9436393 300 14 $153,000.00 $28,800.00 667 0391775269 2 299 1 $192,000.00 7/29/2004 47 Appleton WI 54915 01 3.000 95 $28,800.00 7/29/2029 2 9450817 180 09 $208,000.00 $52,000.00 661 0391774247 3 179 1 $260,047.75 7/29/2004 43 Erie CO 80516 01 3.250 100 $52,000.00 7/29/2019 2 9467085 180 14 $144,300.00 $36,050.00 662 0391781044 3 179 1 $180,400.00 7/29/2004 44 Atlanta GA 30316 01 3.750 100 $36,050.00 7/29/2019 2 9439059 180 09 $217,031.00 $40,693.00 742 0391786365 3 179 1 $271,289.00 7/29/2004 31 Shorewood IL 60431 01 6.500 95 $40,693.00 7/29/2019 2 9439351 180 RFC01 $166,400.00 $20,800.00 663 0391787819 3 179 1 $208,000.00 7/29/2004 39 Aurora CO 80013 01 7.380 90 $20,800.00 7/29/2019 2 9438987 180 04 $156,300.00 $39,075.00 777 0391784840 3 179 1 $195,375.00 7/29/2004 43 Elk River MN 55330 01 7.250 100 $39,075.00 7/29/2019 2 9461637 180 14 $198,228.00 $94,600.00 680 0391776556 3 179 1 $401,000.00 7/29/2004 47 Corona CA 92879 02 3.000 74 $73,164.31 7/29/2019 2 9461405 180 14 $346,725.00 $75,000.00 683 0391776440 3 179 1 $670,000.00 7/29/2004 17 Boca Raton FL 33428 02 3.000 63 $25,000.00 7/29/2019 2 9253363 180 09 $246,000.00 $46,125.00 $346.99 670 0391766839 3 179 1 $307,500.00 7/29/2004 43 TAMPA FL 33626 01 8.380 95 $46,125.00 7/29/2019 2 9253373 180 14 $316,000.00 $51,000.00 $383.66 777 0391766920 3 179 1 $395,000.00 7/29/2004 38 WOODRIDGE NJ 07075 01 6.630 93 $51,000.00 7/29/2019 2 9474868 180 14 $283,045.00 $75,000.00 $750.00 717 0391776408 3 179 1 $530,000.00 7/29/2004 42 Atlanta GA 30306 02 3.000 68 $75,000.00 7/29/2019 2 9492155 180 14 $114,300.00 $14,250.00 782 0391787306 3 179 3 $142,900.00 7/29/2004 20 Safety Harbor FL 34695 01 3.750 90 $14,250.00 7/29/2019 2 9466845 180 14 $208,000.00 $52,000.00 708 0391780285 3 179 1 $260,000.00 7/29/2004 34 Winder GA 30680 01 3.750 100 $52,000.00 7/29/2019 2 9466819 180 14 $117,200.00 $29,300.00 714 0391780566 3 179 1 $146,500.00 7/29/2004 31 Dallas GA 30157 01 3.000 100 $29,300.00 7/29/2019 2 9250517 180 14 $132,800.00 $16,600.00 699 0391783529 3 179 3 $166,000.00 7/29/2004 34 East Pointe GA 30344 01 3.750 90 $16,600.00 7/29/2019 2 9466961 180 09 $98,400.00 $24,600.00 693 0391781697 3 179 1 $123,000.00 7/29/2004 31 Charlotte NC 28269 01 3.750 100 $24,600.00 7/29/2019 2 9446025 300 04 $137,000.00 $60,000.00 $325.04 803 0391771961 2 299 1 $280,000.00 7/29/2004 37 SAN PABLO CA 94806 01 3.000 71 $1,150.00 7/29/2029 2 9253367 180 14 $231,920.00 $57,980.00 $436.17 701 0391766870 3 179 1 $289,900.00 7/29/2004 45 COLORADO CO 80906 01 3.000 100 $57,980.00 7/29/2019 2 9234509 180 09 $123,000.00 $125,000.00 783 0391772845 3 179 1 $260,000.00 7/29/2004 39 Chandler AZ 85249 02 3.000 96 $52,000.00 7/29/2019 2 9234805 180 14 $238,000.00 $59,500.00 707 0391777133 3 179 1 $297,500.00 7/29/2004 39 Winston Salem NC 27104 01 3.250 100 $59,500.00 7/29/2019 2
Junior Lien Debt means Indebtedness incurred by a Covenant Entity that is secured by a Lien that is junior to the Lien on the Collateral securing the Obligations.
Junior Lien Indebtedness means any Indebtedness of any Credit Party that is secured by Liens on Collateral that rank junior in priority to the Liens that secure the Obligations.
Scheduled Closing Date Has the meaning specified in the NPA.
Liquidation Date means (a) in the case of an event giving rise to the dissolution of the Partnership of the type described in clauses (a) and (b) of the first sentence of Section 12.2, the date on which the applicable time period during which the holders of Outstanding Units have the right to elect to continue the business of the Partnership has expired without such an election being made, and (b) in the case of any other event giving rise to the dissolution of the Partnership, the date on which such event occurs.
Taxable Date means the date on which interest on the Bonds is first includable in gross income of the Bondholder (including, without limitation, any previous Bondholder) thereof as a result of an Event of Taxability as such a date is established pursuant to a Determination of Taxability.
Priority Principal Distributable Amount means, with respect to any Distribution Date, the excess, if any, of the Note Balance of the Class A Notes as of the day preceding such Distribution Date over the Pool Balance as of the last day of the preceding Collection Period; provided, however, that the Priority Principal Distributable Amount for each Distribution Date on and after the Class Final Distribution Date for any Class of Class A Notes shall equal the greater of (i) the amount otherwise calculated pursuant to this definition and (ii) the outstanding principal balance of the Class A Notes of such Class as of the day preceding such Distribution Date.