Covered Entity means any of (i) a covered entity as that term is defined in, and interpreted in accordance with, 12 C.F.R. § 252.82(b), (ii) a covered bank as that term is defined in, and interpreted in accordance with, 12 C.F.R. § 47.3(b), or (iii) a covered FSI as that term is defined in, and interpreted in accordance with, 12 C.F.R. § 382.2(b).
Default Right has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable.
EDGAR means the Commissions Electronic Data Gathering, Analysis and Retrieval system.
ERISA means the Employee Retirement Income Security Act of 1974, as amended, and the regulations and published interpretations thereunder.
Existing Credit Agreement means the Credit Agreement, dated as of February 5, 2021, among the Company, Velocity Commercial Capital, LLC, and Jefferies Finance LLC, as administrative agent and collateral agent, and the other parties thereto, as amended, supplemented or restated, if applicable, including any promissory notes, pledge agreements, security agreements, mortgages, guarantees and other instruments or agreements entered into by the Company or any of its subsidiaries in connection therewith or pursuant thereto, in each case as amended, supplemented or restated, if applicable.
Exchange Act means the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Commission thereunder.
FINRA means the Financial Industry Regulatory Authority, Inc.
GAAP means generally accepted accounting principles.
Investment Company Act means the Investment Company Act of 1940, as amended.
Issuer Free Writing Prospectus means any issuer free writing prospectus, as defined in Rule 433, relating to the Securities that (i) is required to be filed with the Commission by the Company, (ii) is a road show that is a written communication within the meaning of Rule 433(d)(8)(i) whether or not required to be filed with the Commission, or (iii) is exempt from filing pursuant to Rule 433(d)(5)(i) because it contains a description of the Securities or of the offering that does not reflect the final terms, and all free writing prospectuses that are listed in Exhibit G hereto, in each case in the form furnished (electronically or otherwise) to the Placement Agent for use in connection with the offering of the Securities.
Lien means any security interest, mortgage, pledge, lien, encumbrance, claim or equity.
NYSE means the New York Stock Exchange.
Organizational Documents means (a) in the case of a corporation, its charter and by laws; (b) in the case of a limited or general partnership, its partnership certificate, certificate of formation or similar organizational document and its partnership agreement; (c) in the case of a limited liability company, its articles of organization, certificate of formation or similar organizational