3.73% Uses in Definitions Clause

Definitions from Fixed Rate Note

SERIES 2016-B SUPPLEMENT, dated as of October 6, 2016 (as amended, modified, restated or supplemented from time to time in accordance with the terms hereof, this Series Supplement), by and between Conns Receivables Funding 2016-B, LLC, a limited liability company established under the laws of Delaware, as issuer (the Issuer), and Wells Fargo Bank, National Association, a national banking association validly existing under the laws of the United States of America, as trustee (together with its successors in such capacity under the Base Indenture referred to below, the Trustee), to the Base Indenture, dated as of October 6, 2016, between the Issuer and the Trustee (as amended, modified, restated or supplemented from time to time, exclusive of this Series Supplement, the Base Indenture).

Definitions. In the event that any term or provision contained herein shall conflict with or be inconsistent with any provision contained in the Base Indenture, the terms and provisions of this Series Supplement shall govern. All Article, Section or subsection references herein mean Articles, Sections or subsections of the Base Indenture as supplemented by this Series Supplement, except as otherwise provided herein. All capitalized terms not otherwise defined herein are defined in the Base Indenture. Each capitalized term defined herein shall relate only to the Notes. Aggregate Investor Net Loss Amount means, with respect to any Monthly Period, an amount equal to the Outstanding Receivables Balance of all Receivables that became Defaulted Receivables during such Monthly Period (each respective Outstanding Receivables Balance being measured as of the date the relevant Receivable became a Defaulted Receivable) minus any Deemed Collections and Recoveries deposited into the Collection Account during such Monthly Period in respect of Receivables that have become Defaulted Receivables before or during such Monthly Period. Annualized Net Loss Percentage means, with respect to any Monthly Period an amount equal to twelve (12) multiplied by (a) (1) the Outstanding Receivables Balance of all Receivables that became Defaulted Receivables during such Monthly Period, minus (2) all Recoveries during such Monthly Period, divided by (b) the aggregated Outstanding Receivables Balance as of the beginning of the Monthly Period. Annualized Net Loss Trigger means, for any Determination Date, the average of the Annualized Net Loss Percentage for the three Monthly Periods immediately preceding such Determination Date (or, if fewer, the number of Monthly Periods from and after the Cut-Off Date) exceeds (i) 40.00% for any Determination Date up to and including the March, 2018 Determination Date, and (ii) 50.00% thereafter. Available Funds means, with respect to any Monthly Period, distributions received by the Issuer in respect of the Receivables Trust Certificate, representing Collections that were deposited into the Collection Account during such Monthly Period. Back-Up Servicing Agreement means that certain Back-Up Servicing Agreement, dated on or about the date hereof, among Systems & Services Technologies, Inc., as Back-Up Servicer, the Sponsor, Conns Receivables 2016-B Trust, the Issuer, and the Trustee. Base Indenture is defined in the preamble of this Series Supplement. Class A Additional Interest has the meaning specified in Section 5.12(a). Class A Deficiency Amount has the meaning specified in Section 5.12(a). Class A Legal Final Payment Date means October 15, 2018. Class A Monthly Interest has the meaning specified in Section 5.12(a). Class A Noteholder means a Holder of a Class A Note. Class A Note Principal Amount means, as of any date of determination, the then Outstanding principal amount of the Class A Notes. Class A Note Rate means a fixed rate equal to 3.73%. Class A Notes is defined in the Designation of this Series Supplement. Class A Required Interest Distribution has the meaning specified in subsection 5.15(a)(iii). Class B Additional Interest has the meaning specified in Section 5.12(b). Class B Deficiency Amount has the meaning specified in Section 5.12(b). Class B Legal Final Payment Date means March 15, 2019. Class B Monthly Interest has the meaning specified in Section 5.12(b). Class B Noteholder means a Holder of a Class B Note. Class B Note Principal Amount means, as of any date of determination, the then Outstanding principal amount of the Class B Notes. Class B Note Rate means a fixed rate equal to 7.34%. Class B Notes is defined in the Designation of this Series Supplement. Class B Required Interest Distribution has the meaning specified in subsection 5.15(a)(v). Class C Additional Interest has the meaning specified in Section 5.12(c). Class C Deficiency Amount has the meaning specified in Section 5.12(c). Class C Legal Final Payment Date means November 16, 2020. Class C Monthly Interest has the meaning specified in Section 5.12(c). Class C Noteholder means a Holder of a Class C Note. Class C Note Principal Amount means, as of any date of determination, the then Outstanding principal amount of the Class C Notes. Class C Note Rate means a fixed rate equal to 8.50%. Class C Notes is defined in the Designation of this Series Supplement. Class C Required Interest Distribution has the meaning specified in subsection 5.15(a)(vii). Class R Noteholder means a Holder of a Class R Note. Class R Notes is defined in the Designation of this Series Supplement. Closing Date means October 6, 2016. Code means the Internal Revenue Code of 1986, as amended. Conns, Inc. means Conns, Inc., a Delaware corporation. Contingent Liability means any agreement, undertaking or arrangement by which any Person guarantees, endorses or otherwise becomes or is contingently liable upon (by direct or indirect agreement, contingent or otherwise, to

Definitions from Loan Agreement

THIS LOAN AGREEMENT, dated as of September 12, 2005 (as amended, restated, replaced, supplemented, extended or otherwise modified from time to time, this Agreement), between LEHMAN BROTHERS HOLDINGS INC., d/b/a LEHMAN CAPITAL, a division of LEHMAN BROTHERS HOLDINGS INC., a Delaware corporation, having an address at 399 Park Avenue, New York, New York 10022, individually and as Agent for one or more Co-Lenders (Lender) and MERISTAR SECURED HOLDINGS LLC, a Delaware limited liability company, having an office at 4501 N. Fairfax Drive, Suite 500, Arlington, Virginia 22203 (Borrower).

Definitions. For all purposes of this Agreement, except as otherwise expressly required or unless the context clearly indicates a contrary intent: Acceptable Counterparty means any Counterparty to the Interest Rate Cap Agreement that has and shall maintain, until the expiration of the applicable Interest Rate Cap Agreement, a long-term unsecured debt rating of not less than AA- (or the equivalent) by the Rating Agencies. Account Collateral shall mean: (i) the Accounts, and all Cash, checks, drafts, certificates and instruments, if any, from time to time deposited or held in the Accounts from time to time; (ii) any and all amounts invested in Permitted Investments; (iii) all interest, dividends, Cash, instruments and other property from time to time received, receivable or otherwise payable in respect of, or in exchange for, any or all of the foregoing; and (iv) to the extent not covered by clauses (i) - (iii) above, all proceeds (as defined under the UCC as in effect in the State in which the Accounts are located) of any or all of the foregoing. Accounts shall mean, collectively, the Property Account, the Post-Termination Property Account, the Tax Account, the Insurance Premium Account, the Required Repair Account, the Replacement Reserve Account, the Debt Service Account, the Borrower Expense Account, and the Lockbox Account and any other accounts established pursuant to the Loan Documents. Accounts Receivable shall have the meaning set forth in Article 1 of the Security Instrument with respect to the Property. ACM shall have the meaning set forth in Section 5.1.27. Actual Amount shall have the meaning set forth in the definition of Replacement Reserve Monthly Deposit in this Section 1.1. Additional Indemnified Liabilities shall have the meaning set forth in Section 10.13(b) hereof. Adjusted Prime Rate shall mean an interest rate per annum equal to the Prime Rate in effect from time to time plus one percent (1%) per annum. Affiliate shall mean, as to any Person, any other Person that, directly or indirectly, is in control of, is controlled by or is under common control with such Person or is a director or officer of such Person or of an Affiliate of such Person. Such term shall include the Guarantor unless otherwise specified or if the context may otherwise require. Affiliated Manager shall mean any property manager which is an Affiliate of, or in which Borrower, Principal, or any Guarantor has, directly or indirectly, any legal, beneficial or economic interest. Agent shall have the meaning set forth in Section 9.7.2(d) hereof. ALTA shall mean American Land Title Association, or any successor thereto. Alteration Threshold Amount shall have the meaning set forth in Section 5.1.20 hereof. Annual Budget shall mean the operating budget, including all planned capital expenditures, for the Property prepared by Borrower for the applicable Fiscal Year or other period. Applicable Interest Rate shall mean (A) from and including the date of this Agreement through October 8, 2005, an interest rate per annum equal to 7.23%; and (B) for each successive Interest Period through and including the date on which the Debt is paid in full, an interest rate per annum equal to (I) the Eurodollar Rate or (II) the Adjusted Prime Rate, if the Loan begins bearing interest at the Adjusted Prime Rate in accordance with the provisions of Section 2.2.3 hereof. Applicable Laws shall mean all existing and future federal, state and local laws, orders, ordinances, governmental rules and regulations and court orders. Appraisal shall mean an appraisal prepared in accordance with the requirements of FIRREA and USPAP, prepared by an independent third party appraiser holding an MAI designation, who is State licensed or State certified if required under the laws of the State where the Property is located, who meets the requirements of FIRREA and USPAP and who is otherwise reasonably satisfactory to Lender. Approved Accountant shall mean a Big Four accounting firm, or other independent certified public accountant reasonably acceptable to Lender. Approved Annual Budget shall have the meaning set forth in Section 5.1.10(d) hereof. Approved Capital Budget shall mean a Capital Budget that has been approved by Lender. Approved Capital Budget Expenditure Amount shall mean the annual amount budgeted to be spent for FF&E and other Replacements pursuant to the Approved Capital Budget. Approved Expenses shall have the meaning set forth in Section 3.7(b)(vii) hereof. Assignment and Assumption shall have the meaning set forth in Section 9.7.2 hereof. Assignment of Interest Rate Cap shall mean that certain Collateral Assignment of Interest Rate Cap Agreement made by Borrower to Lender, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time. Assignment of Leases shall mean that certain first priority Assignment of Leases and Rents, dated as of the date hereof, from Borrower, as assignor, to Lender, as assignee, as the same may b

Definitions from Loan Agreement

THIS LOAN AGREEMENT, dated as of September 12, 2005 (as amended, restated, replaced, supplemented, extended or otherwise modified from time to time, this Agreement), between LEHMAN BROTHERS HOLDINGS INC., d/b/a LEHMAN CAPITAL, a division of LEHMAN BROTHERS HOLDINGS INC., a Delaware corporation, having an address at 399 Park Avenue, New York, New York 10022, individually and as Agent for one or more Co-Lenders (Lender) and MERISTAR SECURED HOLDINGS LLC, a Delaware limited liability company, having an office at 4501 N. Fairfax Drive, Suite 500, Arlington, Virginia 22203 (Borrower).

Definitions. For all purposes of this Agreement, except as otherwise expressly required or unless the context clearly indicates a contrary intent: Acceptable Counterparty means any Counterparty to the Interest Rate Cap Agreement that has and shall maintain, until the expiration of the applicable Interest Rate Cap Agreement, a long-term unsecured debt rating of not less than AA- (or the equivalent) by the Rating Agencies. Account Collateral shall mean: (i) the Accounts, and all Cash, checks, drafts, certificates and instruments, if any, from time to time deposited or held in the Accounts from time to time; (ii) any and all amounts invested in Permitted Investments; (iii) all interest, dividends, Cash, instruments and other property from time to time received, receivable or otherwise payable in respect of, or in exchange for, any or all of the foregoing; and (iv) to the extent not covered by clauses (i) - (iii) above, all proceeds (as defined under the UCC as in effect in the State in which the Accounts are located) of any or all of the foregoing. Accounts shall mean, collectively, the Property Account, the Post-Termination Property Account, the Tax Account, the Insurance Premium Account, the Required Repair Account, the Replacement Reserve Account, the Debt Service Account, the Borrower Expense Account, and the Lockbox Account and any other accounts established pursuant to the Loan Documents. Accounts Receivable shall have the meaning set forth in Article 1 of the Security Instrument with respect to the Property. ACM shall have the meaning set forth in Section 5.1.27. Actual Amount shall have the meaning set forth in the definition of Replacement Reserve Monthly Deposit in this Section 1.1. Additional Indemnified Liabilities shall have the meaning set forth in Section 10.13(b) hereof. Adjusted Prime Rate shall mean an interest rate per annum equal to the Prime Rate in effect from time to time plus one percent (1%) per annum. Affiliate shall mean, as to any Person, any other Person that, directly or indirectly, is in control of, is controlled by or is under common control with such Person or is a director or officer of such Person or of an Affiliate of such Person. Such term shall include the Guarantor unless otherwise specified or if the context may otherwise require. Affiliated Manager shall mean any property manager which is an Affiliate of, or in which Borrower, Principal, or any Guarantor has, directly or indirectly, any legal, beneficial or economic interest. Agent shall have the meaning set forth in Section 9.7.2(d) hereof. ALTA shall mean American Land Title Association, or any successor thereto. Alteration Threshold Amount shall have the meaning set forth in Section 5.1.20 hereof. Annual Budget shall mean the operating budget, including all planned capital expenditures, for the Property prepared by Borrower for the applicable Fiscal Year or other period. Applicable Interest Rate shall mean (A) from and including the date of this Agreement through October 8, 2005, an interest rate per annum equal to 7.23%; and (B) for each successive Interest Period through and including the date on which the Debt is paid in full, an interest rate per annum equal to (I) the Eurodollar Rate or (II) the Adjusted Prime Rate, if the Loan begins bearing interest at the Adjusted Prime Rate in accordance with the provisions of Section 2.2.3 hereof. Applicable Laws shall mean all existing and future federal, state and local laws, orders, ordinances, governmental rules and regulations and court orders. Appraisal shall mean an appraisal prepared in accordance with the requirements of FIRREA and USPAP, prepared by an independent third party appraiser holding an MAI designation, who is State licensed or State certified if required under the laws of the State where the Property is located, who meets the requirements of FIRREA and USPAP and who is otherwise reasonably satisfactory to Lender. Approved Accountant shall mean a Big Four accounting firm, or other independent certified public accountant reasonably acceptable to Lender. Approved Annual Budget shall have the meaning set forth in Section 5.1.10(d) hereof. Approved Capital Budget shall mean a Capital Budget that has been approved by Lender. Approved Capital Budget Expenditure Amount shall mean the annual amount budgeted to be spent for FF&E and other Replacements pursuant to the Approved Capital Budget. Approved Expenses shall have the meaning set forth in Section 3.7(b)(vii) hereof. Assignment and Assumption shall have the meaning set forth in Section 9.7.2 hereof. Assignment of Interest Rate Cap shall mean that certain Collateral Assignment of Interest Rate Cap Agreement made by Borrower to Lender, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time. Assignment of Leases shall mean that certain first priority Assignment of Leases and Rents, dated as of the date hereof, from Borrower, as assignor, to Lender, as assignee, as the same may b