for the related fiscal period, to
(2) the sum of the unit's, (i) total operating lease or rent expense, (ii)
interest expense and (iii) scheduled principal payments on indebtedness payable
in respect of the unit or obligor, in each case for the period of time as to
which such figure is presented.
"Weighted Average Aggregate FCCR" shall mean the FCCR calculated by weighting
Unit-Level FCCR and Master Lease FCCR by Collateral Value of the related
Purchased Assets.
"Wet Funded Loan" shall mean a Loan for which the related Custodian's Loan File
has not been delivered to Custodian as of the related Purchase Date.
Upon
delivery of the Custodian's Loan File to Custodian, the Loan shall cease to be a
Wet Funded Loan.
B)
CAPITALIZED TERMS USED BUT NOT DEFINED IN
THIS AGREEMENT SHALL HAVE THE MEANINGS ASSIGNED THERETO IN THE CUSTODY
AGREEMENT.
C)
HEADINGS ARE FOR CONVENIENCE ONLY AND DO
NOT AFFECT INTERPRETATION. THE FOLLOWING RULES OF THIS SUBSECTION (C) APPLY
UNLESS THE CONTEXT REQUIRES OTHERWISE. THE SINGULAR INCLUDES THE PLURAL AND
CONVERSELY. A GENDER INCLUDES ALL GENDERS. WHERE A WORD OR PHRASE IS DEFINED,
ITS OTHER GRAMMATICAL FORMS HAVE A CORRESPONDING MEANING. A REFERENCE TO A
SUBSECTION, SECTION, ANNEX OR EXHIBIT IS, UNLESS OTHERWISE SPECIFIED, A
REFERENCE TO A SECTION OF, OR ANNEX OR EXHIBIT TO, THIS AGREEMENT. A REFERENCE
TO A PARTY TO THIS AGREEMENT OR ANOTHER AGREEMENT OR DOCUMENT INCLUDES THE
PARTY'S SUCCESSORS AND PERMITTED SUBSTITUTES OR ASSIGNS. A REFERENCE TO AN
AGREEMENT OR DOCUMENT IS TO THE AGREEMENT OR DOCUMENT AS AMENDED, MODIFIED,
NOVATED, SUPPLEMENTED OR REPLACED, EXCEPT TO THE EXTENT PROHIBITED BY ANY
PROGRAM DOCUMENT. A REFERENCE TO LEGISLATION OR TO A PROVISION OF LEGISLATION
INCLUDES A MODIFICATION OR RE-ENACTMENT OF IT, A LEGISLATIVE PROVISION
SUBSTITUTED FOR IT AND A REGULATION OR STATUTORY INSTRUMENT ISSUED UNDER IT. A
REFERENCE TO WRITING INCLUDES A FACSIMILE TRANSMISSION AND ANY MEANS OF
REPRODUCING WORDS IN A TANGIBLE AND PERMANENTLY VISIBLE FORM. A REFERENCE TO
CONDUCT INCLUDES, WITHOUT LIMITATION,
15
AN OMISSION, STATEMENT OR UNDERTAKING, WHETHER OR NOT IN WRITING. AN EVENT OF
DEFAULT SUBSISTS UNTIL IT HAS BEEN WAIVED IN WRITING BY BUYER. THE WORDS
"HEREOF", "HEREIN", "HEREUNDER" AND SIMILAR WORDS REFER TO THIS AGREEMENT AS A
WHOLE AND NOT TO ANY PARTICULAR PROVISION OF THIS AGREEMENT. THE TERM
"INCLUDING" IS NOT LIMITING AND MEANS "INCLUDING WITHOUT LIMITATION." IN THE
COMPUTATION OF PERIODS OF TIME FROM A SPECIFIED DATE TO A LATER SPECIFIED DATE,
THE WORD "FROM" MEANS "FROM AND INCLUDING"; THE WORDS "TO" AND "UNTIL" EACH MEAN
"TO BUT EXCLUDING", AND THE WORD "THROUGH" MEANS "TO AND INCLUDING." THIS
AGREEMENT MAY USE SEVERAL DIFFERENT LIMITATIONS, TESTS OR MEASUREMENTS TO
REGULATE THE SAME OR SIMILAR MATTERS. ALL SUCH LIMITATIONS, TESTS AND
MEASUREMENTS ARE INDEPENDENT OF EACH OTHER AND SHALL EACH BE PERFORMED IN
ACCORDANCE WITH THEIR TERMS. UNLESS THE CONTEXT OTHERWISE CLEARLY REQUIRES, ALL
ACCOUNTING TERMS NOT EXPRESSLY DEFINED HEREIN SHALL BE CONSTRUED, AND ALL
FINANCIAL COMPUTATIONS REQUIRED UNDER THIS AGREEMENT SHALL BE MADE, IN
ACCORDANCE WITH