Terms of the Transactions. 3. In connection with the Transactions: (a) the Investors rely on the Receivables and the other assets of the SPV in making their investment decision and will rely on the Transfers being characterized as true sales, so as to isolate the Receivables from Performance Guarantor’s, Originator’s and Seller’s creditors.
Terms of the Transactions. It is the sole discretion of the Company to accept or reject the terms of any proposed transaction.
Terms of the Transactions. 1.1 Time and Place of Closing 2 1.2 The Transactions 2 1.3 Chilean Effective Time; Colombian Effective Time 3
Terms of the Transactions. Section 2.01.
Terms of the Transactions. 4. Performance Guarantor’s believes that its guaranty in the Performance Guarantee does not cause Performance Guarantor to retain or assume the risk of nonpayment or other material financial risks of the Receivables based in part on the belief that the matters covered are unlikely to occur. The guaranty is not intended to cover material liabilities that are reasonably likely to occur.
Terms of the Transactions. (a) CCG shall have assigned to Guaranteed Holdings all of its rights and interests in the Cash Collateral that was previously posted to MLCS under the credit support annex to the Existing BTB Swap Agreements.
Terms of the Transactions. 1.1 Time and Place of Closing 2 1.2 The Transactions 2 1.3 Chilean Effective Time 3 1.4 Conversion of Itaú Chile Common Stock 3 1.5 CorpBanca Common Stock 4 1.6 Colombian Assets and Liabilities Acquisition 4 1.7 [RESERVED] 4 1.8 Adjustments 4
Terms of the Transactions. (a) Within 90 days following the Initial Closing Date (as defined herein), the Buyers, acting through MxXxxxx, will purchase up to 1,667,000 “units” consisting of (i) one share of the Seller Common Stock plus (ii) one A Option [as defined in section 1.01(b)] and (iii) one B Option [as defined in section 1.01(c)] (“a Unit”). The purchase price for each Unit will be one dollar ($1.00). Of the 1,667,000 Units subject to this SPA, the Initial Buyers will purchase 950,000 Units promptly following execution of this SPA by MxXxxxx on behalf of the Buyers, by each of the Sellers, and by each of the Initial Buyers by the execution of Exhibit C. Subject to the registration of restricted Seller Common Stock in the name of each of the Initial Buyers, settlement will take place on the third business day following the trade date. The settlement date on which the Initial Buyers acquire such Units will be the Initial Closing Date.
Terms of the Transactions. (a) CCG shall have assigned, and CFin Holdings shall have assumed the obligations of CCG as a member of the general partner of the respective CCG BTB Credit Enhanced Partnerships, and the limited liability agreements of the respective general partners of the CCG BTB Credit Enhanced Partnerships shall have been amended and restated to, among other things, reflect such assignment and assumption.
Terms of the Transactions. 5. In connection with the Transactions: (a) certain investors in the Receivables rely on the Receivables and the other assets of the Issuer in making their investment decision; (b) certain investors in the Receivables will rely on the Transfer being characterized as a true sale, so as to isolate the Receivables from Originator’s creditors; and (c) the indirect sale of the Receivables to the SPV and its creditors and their financing through the Transactions is beneficial to Originator because it, among other things, increases the liquidity of their assets and, to a lesser extent, diversifies the funding sources for Originator’s business.
