Form 8-K Claros Mortgage Trust, for: 02 Dec.
means any amount, threshold, exception or value (including by reference to the ratio of total debt to equity or total consolidated assets) authorized or prescribed in respect of any indebtedness (including any additional facility, loan to additional term or additional equivalent debt), lien, Restricted payment, restricted debt payment, binding agreement, investment, disposition, affiliation transaction or any transaction, action, judgment or amount under any provision of this or any other agreement loan document.
(e) The principal amount of any non-interest-bearing Debt or any other discount instrument constituting a Debt at any time shall be the principal amount thereof which would be shown on a balance sheet of the Borrower dated on that date. date prepared in accordance with GAAP. The increase in the amounts secured by the liens by virtue of the accumulation of interest, the increase in the accumulated value, the payment of interest or dividends in the form of additional debt, the amortization of the discount of original issuance and increases in the amount of outstanding debt solely due to fluctuations in the currency exchange rate will not be considered an accumulation of liens for the purposes of Article 6.02.
(f) For the purpose of determining at any time compliance with, or availability under, Article 2.22, 6.01, 6.02,
6.04, 6.06, 6.07 Where 6.09 (including all applicable defined terms used therein):
(i) In the event that a debt, lien, restricted payment, restricted debt payment, investment, disposition, affiliation transaction or any related transaction, as the case may be, meets the criteria for more than one of the baskets (including, without limitation, sub-clauses, sub-categories or sub-articles) permitted under any clause of these Article 6.01, 6.02, 6.04, 6.06, 6.07 Where 6.09 or in any defined term used in any of the foregoing, in each case the Borrower, in its sole discretion, may, at any time and from time to time, divide, classify or reclassify such transaction or item (or any part thereof) under one or more Baskets of each of these Sections (and / or the applicable defined terms) and will only be required to include the amount and type of that transaction (or part thereof) in one of the applicable Baskets thereof.
(ii) It is understood and agreed that (A) any debt, lien, restricted payment, restricted debt payment, binding agreement, investment, disposition, affiliation transaction and all related transactions shall not be authorized solely by reference to a category (or sub-category) or article (or sub-article) under Articles 2.22, 6.01, 6.02,
6.04, 6.05, 6.06, 6.07 Where 6.09, respectively, or in the applicable defined terms used in any of the foregoing, but may instead be permitted in part by virtue of any combination thereof in the applicable Section and / or the applicable defined terms and any other Basket Available and (B) Borrower (x) will determine, in its sole discretion, under which baskets (including sub-categories and sub-items) such debt (including any additional facility, additional term loan or indebtedness). Additional Equivalent), Lien, Restricted Payment, Restricted Debt Payment, Binding Agreement, The Investment, Disposition, Affiliate Transaction and all related transactions (or, in each case, any part thereof), as the case, are authorized and (y) will be authorized from time to time, in its sole discretion, to make a new determination and / or to divide, re-divide, classify or reclassify into which baskets (including sub-categories and sub-items) such debts, liens, restricted payments, restricted debt payments, binding agreement, Investment, disposition, affiliation transaction and any related transaction are permitted, including reclassification of any use of the fixed baskets as committed in the non-fixed baskets available, in each case, within the scope of the applicable section and / or the applicable defined conditions. For the avoidance of doubt, the amount of any lien, debt, disqualified share capital, disposition, investment, restricted payment, restricted debt payment, onerous agreement, affiliation transaction or other transaction, action, judgment or amount that will be attributed to each of these The basket will be determined by the Borrower at the time of such division, classification, re-division or reclassification, as the case may be.
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