Definition

Definition. "Facility-2 Availability Period" shall mean the period commencing on November 28, 2000 and ending on the Facility-2 Availability Termination Date.

Definition. Capitalized terms used but not otherwise defined in this Amendment (including in the preliminary statements hereto) have the meanings assigned to them in the Existing Credit Agreement or the Restated Credit Agreement (as defined below), as the context may require.

Definition. As used in this Amendment, capitalized terms have the same meanings assigned thereto in the Receivables Purchase Agreement.

Definition. "Retained Receivable" shall mean: (i) any receivable owed by an obligor which is an Affiliate of any Originator, or (ii) a receivable owed by any of the obligors listed on Schedule IV hereto.

Definition. "Facility Amount" means $90,500,000, or such lesser amount as is specified in Schedule III to the Credit Agreement, as cancelled or reduced by the Borrower under Section 3.5 or Section 3.6(a) of the Credit Agreement.

Definition. Each capitalized term not defined in this Amendment shall have the definition ascribed such term in the Existing Credit Agreement.

Definition. Each reference in the Credit Agreement to "this Agreement," "hereunder," "hereof," "herein," or words of like import, and each reference in the other Loan Documents to the Credit Agreement (including, without limitation, by means of words like "thereunder," "thereof" and words of like import), shall mean and be a reference to the Credit Agreement, as amended hereby.

Definition. "Required Loan Documents": For each Loan, originals (except as otherwise indicated) of the following documents or instruments: (a)(i) other than in the case of a Noteless Loan, the original or, if accompanied by a "lost note" affidavit and indemnity, a copy of, the underlying promissory note, endorsed by the Borrower or the prior holder of record either in blank or to the Trustee for the benefit of the Secured Parties (and evidencing an unbroken chain of endorsements from the prior holder... thereof evidenced in the chain of endorsements to the Trustee for the benefit of the Secured Parties), with any such endorsement to the Trustee to be in the following form: "U.S. Bank National Association, as Trustee", and (ii) in the case of a Noteless Loan, (x) a copy of each Transfer Document, and (y) a copy of the related credit agreement, note purchase agreement, or sale and servicing agreement (or equivalent agreement as identified on the Loan Checklist), as applicable, together with (except in the case of any Broadly Syndicated Loan), to the extent in the possession of the Originator or reasonably available to the Originator, copies of all other documents and instruments described in clauses (b) and (c) hereof with respect to such Noteless Loan; 2 Second Amendment to Loan and Servicing Agreement (b)except in the case of any Broadly Syndicated Loan, originals or copies of each of the following, to the extent applicable to the related Loan: any related loan agreement, credit agreement, note purchase agreement, security agreement, mortgage, sale and servicing agreement, acquisition agreement, subordination agreement, intercreditor agreement or similar instruments, guarantee, Insurance Policy, assumption or substitution agreement or similar material operative document, in each case together with any amendment or modification thereto, as set forth on the Loan Checklist; (c)with respect to any Loan originated by the Originator (other than any Broadly Syndicated Loan), either (i) copies of the UCC-1 Financing Statements, if any, and any related continuation statements, each showing the Obligor as debtor and the Trustee as total assignee or showing the Obligor, as debtor and the Originator as secured party and each with evidence of filing thereon, together with (except for Agented Loans) a copy of each intervening UCC-2 or UCC-3 financing statement showing a complete chain of assignment from the secured party named in such UCC-1 Financing Statement to the Trustee with evidence of filing thereon disclosing the assignment to the Trustee or the Originator of the security interest in the personal property securing the Loan or (ii) copies of any such financing statements certified by the Collateral Manager to be true and complete copies thereof in instances where the original financing statements have been sent to the appropriate public filing office for filing; and (d)in the case of any Broadly Syndicated Loan, a trade confirmation and funding memorandum. View More

Definition. All capitalized terms used but not defined in this Amendment shall have the respective meanings specified in the Loan Agreement.

Definition. Unless otherwise defined herein, capitalized terms used herein shall have the meanings provided therefor in the Credit Agreement.