Upsize Option definition

Upsize Option. Defined in Section 3.06(c).

Upsize Option has the meaning set forth in Section 3.4(d); and

Upsize Option. Section 2.1(c) “Warranties” Section 3.1

Examples of Upsize Option in a sentence

• Each Upsize Option shall be in an amount not less than $50,000,000.

• Symphony will provide written notice at least three business days prior to exercising an Upsize Option and will pay the cash due upon exercise of the Upsize Option no later than 10 business days following the applicable first anniversary for each Upsize Option exercised by Symphony.

• Upsize Option On or prior to the first anniversary of the Co-Investment in each Operating Partnership, Symphony may elect to increase its Ownership Percentage therein from 10% to 20% (each, an “Upsize Option”), by investing an additional amount in cash equal to the same amount paid by Symphony for its Partner Interests on the date of such Co-Investment.

• In connection with any exercise of an Upsize Option, Seller shall pay to Buyer the Upsize Fee on or before the effective date of each related increase in the Maximum Amount.

• No Upsize Option shall be allowed on or after the last day of the Funding Period.

More Definitions of Upsize Option

Upsize Option has the meaning given to such term in Section 3.3(a)(b)(i); and

Upsize Option has the meaning given in Section 5.6(b)(i);

Upsize Option shall have the meaning set out in Section 3.4(b); and “Warrants” shall have the meaning set out in the recitals hereto.

Upsize Option. Defined in Section 3.06(c). “U.S. Person”: Any Person that is a “United States person” as defined in Section 7701(a)(30) of the Code. “U.S. Tax Compliance Certificate”: Defined in Section 12.06(e). “VCOC”: A “venture capital operating company” within the meaning of Section 2510.3-101(d) of the Plan Asset Regulations. “Waterfall Account”: A segregated non-interest bearing account established at Deposit Account Bank, in the name of Seller, pledged to Buyer and subject to a Controlled Account Agreement. “Wet Mortgage Asset”: An Eligible Asset for which (i) the scheduled funding date is the date of the origination or acquisition thereof, (ii) Seller has delivered a Transaction Request pursuant to Section 3.01(h) hereof, and (iii) the related Purchased Asset Documents are held by a Bailee pursuant to a Bailee Agreement and the complete Mortgage Asset File has not been delivered to Custodian prior to the related Purchase Date. “Whole Loan”: A performing commercial real estate whole loan made to the related Underlying Obligor and secured primarily by a perfected, first priority Lien in the related underlying Mortgaged Property, including, without limitation (A) with respect to any Senior Interest, the Whole Loan in which Seller owns a Senior Interest, and (B) with respect to any Mezzanine Loan, the Whole Loan made to the Mortgagor or Affiliate of such Mortgagor whose Equity Interests, directly or indirectly, secure such Mezzanine Loan. Section 2.02

Upsize Option shall have the meaning set out in Section 2.3(b) “Vendor” shall have the meaning set out in the preamble hereto;

Upsize Option. Defined in Section 3.06(b). “Upsize Date”: Defined in Section 3.06(b). “USD LIBOR”: The London interbank offered rate for U.S. dollars with a tenor of one month. “USD LIBOR Transition Date”: Means the earlier of (a) the date that USD LIBOR has either (i) permanently or indefinitely ceased to be provided by the administrator of USD LIBOR; provided that, at the time of such statement or publication, there is no successor administrator that will continue to provide an USD LIBOR or (ii) been announced by the regulatory supervisor of the administrator of USD LIBOR pursuant to public statement or publication of information to be no longer representative, (b) the Early Opt-in Effective Date and (c) such other date as Buyer and Seller may mutually agree. “U.S. Government Securities Business Day”: Any day except for (i) a Saturday, (ii) a Sunday or (iii) a day on which the Securities Industry and Financial Markets Association, or any successor thereto, recommends that the fixed income departments of its members be closed for the entire day for purposes of trading in United States government securities.

Upsize Option has the meaning specified in Section 2.01.