Neighborhood banks serve companies and consumers all through the nation. Enterprise Day shall mean (a) any day that is not a Saturday, Sunday, or a day on which banks in Charlotte, North Carolina or New York, New York, are required or permitted to be closed, and (b) with respect to all notices, determinations, fundings and funds in reference to LIBOR Revolving Loans, any day that could be a Enterprise Day pursuant to clause (a) above and that is also a day on which buying and selling is carried on by and between banks within the London interbank market.
Subordinated Debt shall imply all Debt of Borrowers, incurred each prior to and after the Closing Date, which at all times through the term of this Agreement is (a) subordinated to Borrowers Obligations hereunder pursuant to a written subordination settlement or in subordination provisions in the documents governing such Debt, the phrases of which are satisfactory to Required Lenders in their Permitted Discretion as of the date of such subordination settlement or as of the date such documents governing such Debt are entered into; or (b) subordinated, in a manner fairly satisfactory to Required Lenders as of the date such Debt is incurred, to Borrowers Obligations hereunder.
Eligible Assignee shall mean (a) a commercial financial institution, industrial finance firm or different asset based lender, having complete belongings in excess of $1,000,000,000.00; (b) any Lender listed on the signature web page of this Agreement; (c) any Affiliate of any Lender; and (d) if an Event of Default exists, any Particular person reasonably acceptable to the Agent.
The Lenders, however, in their unanimous discretion, may elect to make Revolving Loans in extra of the Availability on a number of occasions, but when they accomplish that, neither the Agent nor the Lenders shall be deemed thereby to have changed the limits of the Complete Credit score Facility or the Availability or to be obligated to exceed such limits on any other occasion.
(d) Unless otherwise expressly offered herein, (i) references to agreements (together with this Settlement) and other contractual instruments shall be deemed to include all subsequent amendments and other modifications thereto, but solely to the extent such amendments and different modifications are not prohibited by the terms of any Mortgage Document, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, changing, supplementing or interpreting the statute or regulation.