Avis 2010 Annual Report Download - page 278

such date of determination; provided , however , that if an Event of Bankruptcy (or the occurrence of an event described in clause (a) of the
definition thereof, without the lapse of a period of 60 consecutive days) with respect to BRAC occurs during such one-year period, (x) the Pre-
Preference Period Demand Note Payments as of any date during the period from and including the date of the occurrence of such Event of
Bankruptcy to and including the conclusion or dismissal of the proceedings giving rise to such Event of Bankruptcy without continuing
jurisdiction by the court in such proceedings shall equal the Pre
-Preference Period Demand Note Payments as of the date of such occurrence and
(y) the Pre-Preference Period Demand Note Payments as of any date after the conclusion or dismissal of such proceedings shall equal the Series
2006-1 Demand Note Payment Amount as of the date of the conclusion or dismissal of such proceedings.
“ Prime Rate ”
means the rate of interest per annum publicly announced from time to time by Deutsche Bank, AG, New York Branch
as its prime rate in effect at its principal office in New York City; each change in the Prime Rate shall be effective from and including the date
such change is publicly announced as being effective.
“ Pro Rata Share ” means, with respect to any Purchaser Group, on any date, the ratio, expressed as a percentage, which the
Purchaser Group Invested Amount with respect to such Purchaser Group bears to the Series 2006-1 Invested Amount on such date; provided
that, for purposes of Section 5.5(e) and amounts payable to Series 2006-1 Termination Purchasers, “Pro Rata Share” means the ratio, expressed
as a percentage, which the principal amount of the Series 2006-1 Notes held by each Series 2006-1 Terminating Purchaser bears to the principal
amount of the Series 2006-1 Notes held by all Series 2006-1 Terminating Purchasers.
“ Program Fee Rate ” is defined in the Fee Letter.
“ Program Support Provider ” means, with respect to any CP Conduit Purchaser, the APA Bank with respect to such CP Conduit
Purchaser and any other or additional Person now or hereafter extending credit, or having a commitment to extend credit to or for the account of,
or to make purchases from, such CP Conduit Purchaser or issuing a letter of credit, surety bond or other instrument to support any obligations
arising under or in connection with such CP Conduit Purchaser’s securitization program.
“ Purchaser Group ” means, collectively, a CP Conduit Purchaser and the APA Banks with respect to such CP Conduit Purchaser.
“ Purchaser Group Increase Amount ” means, with respect to any Purchaser Group, for any Business Day during the Series 2006-1
Revolving Period, such Purchaser Group’s Commitment Percentage of the Increase Amount, if any, on such Business Day.
“ Purchaser Group Invested Amount ” means, with respect to any Purchaser Group, (a) when used with respect to the Series 2006-1
Closing Date, such Purchaser Group’s Commitment Percentage of the Series 2006-1 Initial Invested Amount, (b) when used with respect to the
Second Restatement Effective Date, an amount equal to (i) the Purchaser Group Invested Amount with respect to such Purchaser Group on the
immediately preceding Business Day plus (ii) such Purchaser Group’s Commitment Percentage of the Second Restatement Date
21