Avis 2010 Annual Report Download - page 247

“ Material Adverse Effect ” means, with respect to any occurrence, event or condition:
(a) a material adverse change in or effect on the financial condition, prospects, business, assets or operations of the Guarantor and its
Consolidated Subsidiaries;
(b) a material adverse effect on the ability of BTR, the Guarantor, ABCR, CPF or the Administrator to perform its obligations under
any of the Applicable Related Documents; or
(iii) an adverse effect on (a) the validity or enforceability of any Applicable Related Document or (b) on the validity, status,
perfection or priority of the Trustee’s Lien on the Collateral or Group Specific Collateral with respect to any applicable Group.
“ Maximum Invested Amount ” means, with respect to each Series of Notes, the amount, if any, specified in the Series Supplement
for such Series of Notes.
“ Monthly Administration Fee ” means, with respect to each Distribution Date and each Group, the fee payable to the Administrator
pursuant to each Applicable Administration Agreement on such Distribution Date.
“ Monthly Base Rent ” means, with respect to any Group for each Distribution Date, the sum of (a) the aggregate amount of interest
accrued on each Outstanding Series of Notes in such Group during the Interest Period ending on the day immediately preceding such
Distribution Date minus any accrued earnings on investments in the Collection Account, to the extent constituting Group Specific Collateral for
such Group, and the Group Collection Account for such Group which are available for distribution to the Series of Notes of such Group on the
last Business Day of such Interest Period, plus (b) the accrued Depreciation Charges for the Related Month for all Applicable CPF Trucks
(i) subject to the Applicable CPF Lease as of the end of the Related Month or (ii) that, without double counting, while subject to the Applicable
CPF Lease suffered a Casualty or were sold by or on behalf of CPF to any Person, in each case, during the Related Month, plus
(c) Truck Special
Damage Payments related to Applicable CPF Trucks disposed of during the Related Month, plus (d) the Termination Value of any Applicable
CPF Truck with respect to which a Casualty has occurred during the Related Month, plus (e) the Monthly Administration Fee payable to the
Administrator pursuant to the Applicable Administration Agreement for each Series of Notes in such Group on such Distribution Date, plus
(f) the Carrying Charges as of such Distribution Date allocable to such Group in accordance with the Series Supplement for each Series of Notes
in such Group, plus (f) an amount equal to 2% per annum, payable at one-twelfth the annual rate, of the Net Book Value of the Applicable CPF
Trucks as of the first day of the Related Month.
“ Monthly Certificate ” has the meaning specified in Section 4.1(c) of the Base Indenture.
“ Monthly Noteholders Statement ” means, with respect to any Series of Notes, a statement substantially in the form of an Exhibit to
the Series Supplement for such Series of Notes.
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