Eligible Assignee

Eligible Assignee. Means (i) Security Capital Group Incorporated, a Maryland corporation or any direct or indirect Wholly-Owned Subsidiary thereof or (ii) an "accredited investor" as defined in Rule 501 of Regulation D of the Securities Act of 1933, as amended, domiciled in the United States approved by Holdco, which approval shall not be unreasonably withheld or delayed; provided -------- that any Eligible Assignee must be a "U.S. Person" as... defined in Section 7701(o)(30) of the Code. View More

Eligible Assignee. ‘Eligible Assignee' means (a) a Lender, (b) an affiliate of a Lender, (c) an Approved Fund, (d) subject to the limitations set forth in Section 12.5(i), the Unrestricted Subsidiary and (e) any other Person (other than a natural person) approved by (i) the Agent and (ii) unless a Default or Event of Default exists, the Borrower (each such approval not to be unreasonably withheld or delayed); provided, that notwithstanding the foregoing, "Eligible Assignee" shall not include the Borrower or any... of the Borrower's Affiliates or Subsidiaries except in accordance with clause (d) of this definition. View More

Eligible Assignee. Shall mean (i) Any Lender; (ii) any commercial bank, savings bank, savings and loan association or similar financial institution which (A) has total assets of One Billion Dollars ($1,000,000,000) or more, (B) is "well capitalized" within the meaning of such term under the regulations promulgated under the auspices of the Federal Deposit Insurance Corporation Improvement Act of 1991, (C) in the reasonable judgment of the Agent, is engaged in the business of lending money and extending credit,... and buying loans or participations in loans under credit facilities substantially similar to those extended under this Agreement, and (D) in the reasonable judgment of the Agent, is operationally and procedurally able to meet the obligations of a Lenders hereunder to the same degree as a commercial bank; (iii) any insurance company in the business of writing insurance which (A) has total assets of One Billion Dollars ($1,000,000,000) or more (B) is "best capitalized" within the meaning of such term under the applicable regulations of the National Association of Insurance Commissioners, and (C) meets the requirements set forth in subclauses (C) and (D) of clause (ii) above; and (iv) any other financial institution having total assets of One Billion Dollars ($1,000,000,000) (including a mutual fund or other fund under management of any investment manager having under its management total assets of One Billion Dollars ($1,000,000,000) or more) which meets the requirement set forth in subclauses (C) and (D) of clause (ii) above; provided that each Eligible Assignee must (w) be organized under the Laws of the United States of America, any state thereof or the District of Columbia, or, if a commercial bank, be organized under the Laws of the United States of America, any state thereof or the District of Columbia, the Cayman Islands or any country which is a member of the Organization for Economic Cooperation and Development, or a political subdivision of such a country, (x) act under the Loan Documents through a branch, agency or funding office located in the United States of America, (y) be exempt from withholding of tax on interest and deliver the documents related thereto pursuant to the Internal Revenue Code as in effect from time to time and (z) not be the Borrower or an Affiliate of the Borrower. View More

Eligible Assignee. Shall mean (i) a commercial bank organized under the laws of the United States of America, or any State thereof, and having total assets in excess of $1,000,000,000, (ii) a savings and loan association or savings bank organized under the laws of the United States of America, or any State thereof, and having a net worth of at least $100,000,000, calculated in accordance with GAAP, (iii) a commercial bank organized under the laws of any other country which is a member of the Organization for... Economic Cooperation and Development ("OECD"), or a political subdivision of any such country, and having total assets in excess of $1,000,000,000; provided, that such bank is acting through a branch, subsidiary or agency located in the country in which it is organized or another country which is also a member of the OECD, (iv) the central bank of any country which is a 2 member of the OECD, (v) a financial institution, insurance company or fund which regularly engages in making, purchasing or otherwise investing in commercial loans, (vi) a "Qualified Institutional Buyer", as defined in Rule 144A under the Securities Act of 1933, (vii) an Approved Fund, (viii) any other Person consented to by the Borrower (which consent shall not be unreasonably withheld or delayed and which consent shall not be required if an Event of Default shall have occurred and be continuing) and the Administrative Agent or (ix) with respect to assignments by the August 2008 Incremental Lender of the August 2008 Incremental Loans, any Named Kelso Entity. View More

Eligible Assignee. Summit Partners, L.P. or any Person which controls, is controlled by or under common control with Summit Partners, L.P., including, without limitation, each of its affiliated investment funds and management entities