Modified Commitment Transfer Supplement definition

Modified Commitment Transfer Supplement shall have the meaning set forth in Section 16.3(d) hereof.
Modified Commitment Transfer Supplement executed by any intermediate purchaser, the Purchasing CLO, the transferor Lender, and Agent as appropriate and delivered to Agent for recording. Upon such execution and delivery, from and after the transfer effective date determined pursuant to such Modified Commitment Transfer Supplement, (i) Purchasing CLO thereunder shall be a party hereto and, to the extent provided in such Modified Commitment Transfer Supplement, have the rights and obligations of a Lender thereunder and (ii) the transferor Lender thereunder shall, to the extent provided in such Modified Commitment Transfer Supplement, be released from its obligations under this Agreement, the Modified Commitment Transfer Supplement creating a novation for that purpose. Such Modified Commitment Transfer Supplement shall be deemed to amend this Agreement to the extent, and only to the extent, necessary to reflect the addition of such Purchasing CLO. Each Borrower hereby consents to the addition of such Purchasing CLO. Borrowers shall execute and deliver such further documents and do such further acts and things in order to effectuate the foregoing.
Modified Commitment Transfer Supplement shall have the meaning set forth in Section 16.3(d) hereof. “XXXX Event” means any increase, extension or renewal of any Commitment, or the addition of any new commitment hereunder. “Mortgage” shall mean, as to each Material Real Property, a mortgage or deed of trust (and any related assignment of leases and rents and other security documents) pursuant to which a Lien in favor of Agent (or any representative or trustee designated by and acting for Agent) for the benefit of the Secured Parties to secure the Obligations shall be granted, such mortgage/deed of trust (and other assignment and related documents) to be in form and substance reasonably acceptable to Agent (in each case any such mortgage/deed of trust, assignment or other document may be amended, modified, supplemented, renewed, restated or replaced from time to time). “Multiemployer Plan” shall mean a “multiemployer plan” as defined in Section 3(37) or 4001(a)(3) of ERISA to which contributions are required or, within the preceding five plan years, were required by any Company or any member of the Controlled Group. “Multiple Employer Plan” shall mean a Plan which has two or more contributing sponsors (including any Company or any member of the Controlled Group) at least two of whom are not under common control, as such a plan is described in Section 4063 or 4064 of ERISA. “Net Cash Proceeds” shall mean: (a) with respect to any Disposition of any Collateral of any Company, the cash proceeds received by Companies (including cash proceeds subsequently received (as and when received) in respect of non-cash consideration initially received) net of (i) selling expenses (including reasonable brokers’ fees or commissions, legal, accounting and other professional and transactional fees, and any Taxes paid or payable in connection with such Disposition); (ii) amounts provided as a reserve, in accordance with GAAP, against (x) any liabilities under any indemnification obligations associated with such Disposition or (y) any other liabilities retained by Companies associated with the properties sold in such Disposition (provided that, to the extent and at the time any such amounts are released from such reserves, such amounts shall constitute Net Cash Proceeds); and (iii) the principal amount, premium or penalty, if any, interest, and other amounts on any Indebtedness for borrowed money (other than any such Indebtedness assumed by the purchaser of such properties) which is secured by a Lien on the properties ...

Examples of Modified Commitment Transfer Supplement in a sentence

  • Such Modified Commitment Transfer Supplement shall be deemed to amend this Agreement to the extent, and only to the extent, necessary to reflect the addition of such Purchasing CLO.

  • Modified Commitment Transfer Supplement shall have the meaning set forth in Section 16.3(d) hereof.

  • Administrative Agent, acting as a non-fiduciary agent of Loan Parties, shall maintain at its address a copy of each Commitment Transfer Supplement and Modified Commitment Transfer Supplement delivered to it and a register (the “Register”) for the recordation of the names and addresses of each Lender and the outstanding principal, accrued and unpaid interest and other fees due hereunder.


More Definitions of Modified Commitment Transfer Supplement

Modified Commitment Transfer Supplement shall have the meaning set forth in Section 16.3(d) hereof. “XXXX Event” means any increase, extension or renewal of any Commitment, or the addition of any new commitment hereunder. “Mortgage” shall mean, as to each Material Real Property, a mortgage or deed of trust (and any related assignment of leases and rents and other security documents) pursuant to which a Lien in favor of Agent (or any representative or trustee designated by and acting for Agent) for the benefit of the Secured Parties to secure the Obligations shall be granted, such mortgage/deed of trust (and other assignment and related documents) to be in form and substance reasonably acceptable to Agent (in each case any such mortgage/deed of trust, assignment or other document may be amended, modified, supplemented, renewed, restated or replaced from time to time).
Modified Commitment Transfer Supplement shall have the meaning set forth in Section 16.3(d) hereof. “Multiemployer Plan” shall mean a “multiemployer plan” as defined in Sections 3(37) or 4001(a)(3) of ERISA to which contributions are required or, within the preceding five plan years, were required by any Loan Party or any member of the Controlled Group. “Multiple Employer Plan” shall mean a Plan which has two or more contributing sponsors (including any Loan Party or any member of the Controlled Group) at least two of whom are not under common control, as such a plan is described in Section 4064 of ERISA. “Non-Defaulting Lender” shall mean, at any time, any Lender holding a Revolving Commitment that is not a Defaulting Lender at such time.
Modified Commitment Transfer Supplement shall have the meaning set forth in Section 16.3(d) hereof. “Multiemployer Plan” means a multiemployer plan as defined in Section 4001(a)(3) of ERISA. 15
Modified Commitment Transfer Supplement shall have the meaning set forth in Section 16.3(d) hereof. “Mortgages” shall mean any and all mortgages or deeds of trust on any of the Real Property securing the Obligations. “Multiemployer Plan” shall mean a “multiemployer plan” as defined in Section 3(37) or 4001(a)(3) of ERISA to which contributions are required or, within the preceding five plan years, were required, by any Credit Party or any member of the Controlled Group.

Related to Modified Commitment Transfer Supplement

  • Commitment Transfer Supplement means a document in the form of Exhibit 15.3 hereto, properly completed and otherwise in form and substance satisfactory to Agent by which the Purchasing Lender purchases and assumes a portion of the obligation of Lenders to make Advances under this Agreement.

  • New Lender Supplement as defined in Section 2.1(c).

  • Incremental Term Loan Assumption Agreement means an Incremental Term Loan Assumption Agreement in form and substance reasonably satisfactory to the Administrative Agent, among the Borrower, the Administrative Agent and one or more Incremental Term Lenders.

  • Transfer Supplement has the meaning set forth in Section 6.3(c) of this Agreement.

  • Commitment Increase Supplement as defined in subsection 2.20(c).

  • Incremental Commitment Agreement means each Incremental Commitment Agreement in substantially the form of Exhibit F (appropriately completed, and with such modifications as may be reasonably satisfactory to the Administrative Agent) executed and delivered in accordance with Section 2.14.

  • Joinder Supplement An agreement among the Borrower, a Lender and the Administrative Agent in the form of Exhibit H to this Agreement (appropriately completed) delivered in connection with a Person becoming a Lender hereunder after the Closing Date, as contemplated by Section 2.1(c), a copy of which shall be delivered to the Collateral Agent and the Collateral Manager.

  • Additional Commitment Lender shall have the meaning provided in Section 2.15(c).

  • Lender Joinder Agreement as defined in Subsection 2.8(c).

  • Additional Commitment means any commitment hereunder added pursuant to Sections 2.22, 2.23 or 9.02(c).

  • Commitment Increase Agreement has the meaning assigned to such term in Section 2.20.

  • Commitment Agreement means the written agreement that may be required at EDTI’s sole discretion between a Customer and EDTI whereby the Customer both authorizes the design and construction of new or expanded Facilities and agrees to pay all cancellation costs if the project is cancelled or if the Customer fails to sign an Electric Service Agreement prior to the energization of the new or expanded Facilities;

  • Subsequent Transfer Instrument Each subsequent transfer instrument, dated as of a Subsequent Transfer Date, executed by the Trustee and the Depositor substantially in the form of Exhibit L, by which Subsequent Mortgage Loans are sold to the Trust Fund.

  • Commitment Schedule means the Schedule attached hereto identified as such.

  • Assignment and Acceptance Agreement means an assignment and acceptance agreement entered into by a Lender, an Eligible Assignee and the Administrative Agent, and, if required, the Borrower, pursuant to which such Eligible Assignee may become a party to this Agreement, in substantially the form of Exhibit C hereto.

  • Increasing Lender has the meaning specified in Section 2.18(b).

  • Incremental Facility Agreement means an Incremental Facility Agreement, in form and substance reasonably satisfactory to the Agent and the Borrower, among the Borrower, the Agent and one or more Incremental Lenders, establishing Incremental Commitments and effecting such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.18.

  • Permitted Loan Purchase Assignment and Acceptance means an assignment and acceptance entered into by a Lender as an Assignor and Holdings, the Borrower or any of the Subsidiaries as an Assignee, as accepted by the Administrative Agent (if required by Section 9.04) in the form of Exhibit F or such other form as shall be approved by the Administrative Agent and the Borrower (such approval not to be unreasonably withheld or delayed).

  • Commitment and Acceptance is defined in Section 2.18(b).

  • Incremental Loan Commitment shall have the meaning ascribed to such term in Section 2.22(a).

  • Subsequent Transfer Agreement A Subsequent Transfer Agreement substantially in the form of Exhibit P hereto, executed and delivered by the Sellers, the Depositor and the Trustee as provided in Section 2.01(d).

  • Commitment Increase Notice has the meaning assigned to such term in Section 2.19.

  • Incremental Assumption Agreement means an Incremental Assumption Agreement in form and substance reasonably satisfactory to the Administrative Agent, among the Borrower, the Administrative Agent and, if applicable, one or more Incremental Term Lenders and/or Incremental Revolving Facility Lenders.

  • Increase Joinder has the meaning specified therefor in Section 2.14.

  • Affiliated Lender Assignment and Assumption means an assignment and assumption entered into by a Lender and an Affiliated Lender (with the consent of any party whose consent is required by Section 9.05) and accepted by the Administrative Agent in the form of Exhibit A-2 or any other form approved by the Administrative Agent and the Borrower.