Backup Management Agreement Uses in Definitions Clause

Definitions from Indenture

INDENTURE, dated as of June 16, 2016 (as amended, supplemented or otherwise modified and in effect from time to time, this Indenture), among LMRK Issuer Co. LLC, a Delaware limited liability company (the Issuer), LD Acquisition Company 8 LLC, a Delaware limited liability company, LD Acquisition Company 9 LLC, a Delaware limited liability company and LD Acquisition Company 10 LLC, a Delaware limited liability company (the Original Asset Entities and, together with any entity that becomes an additional asset entity party hereto after the date hereof as an Additional Asset Entity, the Asset Entities and, together with the Issuer, collectively, the Obligors), and Deutsche Bank Trust Company Americas, as indenture trustee and not in its individual capacity (in such capacity, the Indenture Trustee).

Definitions. Except as otherwise specified in this Indenture or as the context may otherwise require, the following terms have the respective meanings set forth below for all purposes of this Indenture and each Indenture Supplement (including in the recitals hereto). In the event of a definitional conflict between this Indenture and an Indenture Supplement, the definition contained in the Indenture Supplement shall control. 30/360 Basis shall mean the accrual of interest calculated on the basis of a 360-day year consisting of twelve 30-day months. Acceptable Manager shall mean Landmark Infrastructure Partners GP LLC, or, in the event of a termination of the Management Agreement with Landmark Infrastructure Partners GP LLC, the Backup Manager (including a replacement Manager selected by the Backup Manager in accordance with Section 2.04 of the Backup Management Agreement (subject to the consent (which consent shall not be unreasonably withheld or delayed) of the Controlling Class Representative, or if there is no Controlling Class Representative, the consent of the holders of a majority of the Voting Rights of the Notes of the Controlling Class) or, if the Backup Manager or its appointed replacement Manager is not acting as the Manager, upon receipt of a Rating Agency Confirmation if applicable, another reputable management company with experience managing assets similar to the Tenant Site Assets and reasonably acceptable to the Servicer, which shall be selected by the Issuer so long as (a) no Event of Default has occurred and is continuing or (b) the Management Agreement has not been terminated for cause as provided therein. In all other circumstances such selection will be performed by the Servicer. Account Collateral shall mean all of the Obligors right, title and interest in and to the Accounts, the Reserves, all monies and amounts which may from time to time be on deposit therein, all monies, checks, notes, instruments, documents, deposits, and credits from time to time in the possession of the Indenture Trustee (or the Servicer on its behalf) representing or evidencing such Accounts and Reserves and all earnings and investments held therein and proceeds thereof. Account Control Agreement shall have the meaning ascribed to it in the Cash Management Agreement. Accounts shall mean, collectively, the Lock Box Account, the Collection Account, the Reserve Accounts, the Liquidated Site Replacement Account, any Site Acquisition Account and any other accounts pledged to the Indenture Trustee pursuant to this Indenture or any other Transaction Document. Accredited Investor shall mean an accredited investor within the meaning of Rule 501(a) of Regulation D of the Securities Act. Accrued Note Interest shall mean the interest accrued on each Note during each Interest Accrual Period at the applicable Note Rate on the Note Principal Balance of such Note outstanding immediately prior to the related Payment Date. Accrued Note Interest for each Note will be calculated on a 30/360 Basis; provided that Accrued Note Interest with respect to the Interest Accrual Period commencing on the Initial Closing Date shall be calculated by multiplying the applicable Note Rate by a fraction, the numerator of which is 29 and the denominator of which is 360; provided, further, that the Accrued Note Interest with respect to any Additional Notes that are Variable Funding Notes shall be deemed to include any commitment fees and administrative expenses payable in respect thereof. Act shall have the meaning ascribed to it in Section 15.03(a). Additional Asset Entity shall mean a limited liability company, partnership or other entity that (a) owns one or more Tenant Site Assets and (b) 100% of the equity interests in which are, directly or indirectly, contributed to or acquired by the Issuer after the Closing Date as provided in, and meeting the requirements of, Section 2.12(a). Additional Issuer Expenses shall mean (a) Other Servicing Fees payable to the Servicer; (b) reimbursements and indemnification payments to the Indenture Trustee and the Backup Manager and certain related persons as described under the Transaction Documents; (c) reimbursements and indemnification payments payable to the Servicer and certain persons related to it as described under the Servicing Agreement and other Transaction Documents and (d) any other costs, expenses or liabilities not specifically enumerated in Section 5.01(a) that are required to be borne by the Issuer or paid from amounts in the Collection Account pursuant to the Transaction Documents. Additional Issuer Expenses shall not include reimbursements in respect of Advances, Operating Expenses, Management Fees or, except as provided in Section 22 of the Management Agreement, other amounts payable to the Manager. Additional Notes shall have the meaning ascribed to it in Section 2.12(c). Additional Obligor Tenant Site Asset shall have the meaning ascribed to it in Section 2.12(a). Additional Principal Payment Amount sh

Definitions from Indenture

INDENTURE, dated as of November 9, 2010 (as amended, supplemented or otherwise modified and in effect from time to time, this Indenture), between WCP Wireless Site Funding LLC, a Delaware limited liability company, WCP Wireless Site RE Funding LLC, a Delaware limited liability company and WCP Wireless Site Non-RE Funding LLC, a Delaware limited liability company (each an Issuer and collectively, the Issuers), WCP Wireless Lease Subsidiary, LLC, a Delaware limited liability company, MW Cell REIT 1 LLC, a Delaware limited liability company, and MW Cell TRS 1 LLC, a Delaware limited liability company (each a Closing Date Asset Entity and collectively, the Closing Date Asset Entities; together with any entity that becomes a party hereto after the date hereof as an Additional Asset Entity, the Asset Entities; the Asset Entities and the Issuers, collectively, the Obligors), and Deutsche Bank Trust Company Americas, as indenture trustee and not in its individual capacity (in such capacity, th

Definitions. Except as otherwise specified in this Indenture or as the context may otherwise require, the following terms have the respective meanings set forth below for all purposes of this Indenture and each Indenture Supplement (including in the recitals hereto). In the event of a definitional conflict between this Indenture and an Indenture Supplement, the definition contained in the Indenture Supplement shall control. 30/360 Basis shall mean the accrual of interest calculated on the basis of a 360-day year consisting of twelve 30-day months. Acceptable Manager shall mean Wireless Capital Partners, LLC, or, in the event of a termination of the Management Agreement with Wireless Capital Partners, LLC, the Backup Manager (including a replacement Manager selected by the Backup Manager in accordance with Section 2.04 of the Backup Management Agreement (subject to the consent (which consent shall not be unreasonably withheld or delayed) of the Controlling Class Representative, or if there is no Controlling Class Representative, the consent of the holders of a majority of the Voting Rights of the Notes of the Controlling Class) or, if the Backup Manager or its appointed replacement Manager is not acting as the Manager, upon receipt of a Rating Agency Confirmation if applicable, another reputable management company with experience managing assets similar to the Assets and reasonably acceptable to the Servicer, which shall be selected by the Issuers so long as (i) no Event of Default has occurred and is continuing or (ii) the Management Agreement has not been terminated for cause as provided therein. In all other circumstances such selection will be performed by the Servicer. Account Collateral shall mean all of the Obligors right, title and interest in and to the Accounts, the Reserves, all monies and amounts which may from time to time be on deposit therein, all monies, checks, notes, instruments, documents, deposits, and credits from time to time in the possession of Indenture Trustee (or the Servicer on its behalf) representing or evidencing such Accounts and Reserves and all earnings and investments held therein and proceeds thereof. Account Control Agreement shall have the meaning ascribed to it in the Cash Management Agreement. Accounts shall mean, collectively, the Lock Box Account, the Collection Account, the Deposit Account, the Reserve Accounts, the Site Acquisition Account, the Liquidated Site Replacement Account and any other accounts pledged to the Indenture Trustee pursuant to this Indenture or any other Transaction Document. Accredited Investor shall mean an accredited investor within the meaning of Rule 501(a) of Regulation D of the Securities Act. Accrued Note Interest shall mean the interest that will accrue on each Note during each Interest Accrual Period at the applicable Note Rate on the Note Principal Balance of such Note outstanding immediately prior to the related Payment Date; provided, however, that on or after the determination of a Value Reduction Amount, in determining the Accrued Note Interest with respect to any Note, an amount equal to the Value Reduction Amount shall be deemed to have reduced the Note Principal Balance of each Class of the Notes, in inverse alphabetical order, and applied pro rata to each Note of such Class. Accrued Note Interest will be calculated on a 30/360 Basis; provided that Accrued Note Interest with respect to the Interest Accrual Period commencing on the Initial Closing Date shall be based on 36 calendar days. Accumulated Loan Asset Principal Prepayment Amount shall have the meaning ascribed to it in Section 7.06(d). Act shall have the meaning ascribed to it in Section 15.03(a). Additional Asset Entity shall have the meaning ascribed to it in the preamble hereto. Additional Issuer Expenses shall mean (i) Other Servicing Fees payable to the Servicer; (ii) reimbursements and indemnification payments to the Indenture Trustee and the Backup Manager and certain persons related to the same as described under the Transaction Documents; (iii) reimbursements and indemnification payments payable to the Servicer and certain persons related to it as described under the Servicing Agreement and other Transaction Documents; (iv) reimbursements and indemnification payments to the Custodian and certain related persons and (v) any other costs, expenses or liabilities that are required to be borne by the Issuers or paid from amounts in the Collection Account pursuant to the Transaction Documents. Additional Issuer Expenses shall not include reimbursements in respect of Advances. Additional Notes shall have the meaning ascribed to it in Section 2.12(b). Additional Obligor Wireless Site Asset shall have the meaning ascribed to it in Section 2.12(a). Additional Principal Payment Amount shall mean, with respect to each Payment Date and when neither an Amortization Period nor a Rapid Amortization Period is in effect and no Event of Default has occurred and is continuing, the amount (excl