(p) the Account is acquired in connection with a Permitted Acquisition; provided, however, that upon Administrative Agents written consent, which shall be in its Permitted Discretion and based upon, among other things, receipt and review of due diligence regarding such Account, such Account shall be not be subject to this clause (p);
(q) the Account is not evidenced by an invoice, statement or other documentary evidence reasonably satisfactory to Administrative Agent;
(r) the aggregate amount of Accounts relating to the Paul B Hall Facility exceeds eighty percent (80%) of the average monthly cash collections of the Paul B Hall Facility during the immediately preceding period of three (3) months (but, for the avoidance of doubt, only the amount of the Accounts of such Account Debtors exceeding such amount shall be considered ineligible); or
(s) the Account or Account Debtor fails to meet such other specifications and requirements which may from time to time be established by Administrative Agent in its reasonable credit judgment or has otherwise been excluded by Administrative Agent from the Borrowing Base in its reasonable credit judgment.
Eligible Unbilled Account means an Account of Borrower or a Subsidiary Guarantor meeting the criteria of Eligible Billed Accounts except for which an invoice, statement or other billing document has not yet been created or sent; provided, that, any such Account will cease to be an Eligible Unbilled Account on the earlier to occur of (i) the date on which such Account becomes evidenced by an invoice, statement or other documentary evidence of any kind, or (ii) the thirtieth (30th) day following the date on which the applicable services were rendered.
Eligible Unbilled Accounts means each Eligible Unbilled Account, collectively.
Environmental Laws means all former, current and future Federal, state, local and foreign laws (including common law), treaties, regulations, rules, ordinances, codes, decrees, judgments, directives, orders (including consent orders), and legally binding agreements in each case, relating to protection of the environment, natural resources, occupational health and safety or Hazardous Materials.
Environmental Liability means all liabilities, obligations, damages, losses, claims, actions, suits, judgments, orders, fines, penalties, fees, expenses and costs (including administrative oversight costs, natural resource damages and remediation costs), whether contingent or otherwise, arising out of or relating to (a) compliance or non-compliance with any Environmental Law, (b) the generation, use, handling, transportation, storage, treatment, recycling, arrangement for disposal, or disposal of any Hazardous Materials, (c) exposure to any Hazardous Materials, (d) the presence or Release of any Hazardous Materials or (e) any contract, agreement or other consensual arrangement pursuant to which liability is assumed or imposed with respect to any of the foregoing.
Equity Interests means shares of capital stock, partnership interests, membership interests in a limited liability company, beneficial interests in a trust or other equity interests in any person, and any option, warrant or other right entitling the holder thereof to purchase or otherwise acquire any such equity interest.
ERISA means the Employee Retirement Income Security Act of 1974, as the same may be amended from time to time.
ERISA Affiliate means any trade or business (whether or not incorporated) that, together with the Borrower, is treated as a single employer under Section 414(b) or (c) of the Code, or, solely for purposes of Section 302 of ERISA and Section 412 of the Code, is treated as a single employer under Section 414 of the Code.