Common use of Adjustment Payment Amount Clause in Contracts

Adjustment Payment Amount. Subject to the last sentence of this subsection 2.05(b), the Company shall make an adjustment payment with respect to each Ineligible Purchased Loan as required pursuant to subsection 2.05(a) by depositing in the Collection Account in immediately available funds on the related Ineligibility Determination Date an amount equal to the lesser of (x) the amount by which the Aggregate Target Loan Amount exceeds the Aggregate Loan Amount (after giving effect to the reduction thereof by the Principal Amount of such Ineligible Purchased Loan) and (y) the aggregate outstanding Principal Amount of all such Ineligible Purchased Loans (the “Transfer Deposit Amount”). Upon transfer or deposit of the Transfer Deposit Amount, the Trust shall automatically and without further action be deemed to have agreed to pay to the Company, without recourse, representation or warranty, all Collections in respect of each such Ineligible Purchased Loan. Except as otherwise specified in any Supplement, the obligation of the Company to pay such Transfer Deposit Amount with respect to any Ineligible Purchased Loan shall constitute the sole remedy respecting the event giving rise to such obligation available to Investor Certificateholders (or the Trustee on behalf of Investor Certificateholders) unless such obligation is not satisfied in full in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: Pooling Agreement (Bungeltd), Pooling Agreement (Bunge LTD)

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Adjustment Payment Amount. Subject to the last sentence of this subsection 2.05(bSUBSECTION 2.05(B), the Company shall make an adjustment payment with respect to each Ineligible Purchased Loan as required pursuant to subsection 2.05(aSUBSECTION 2.05(A) by depositing in the Collection Account in immediately available funds on the related Ineligibility Determination Date an amount equal to the lesser of (x) the amount by which the Aggregate Target Loan Amount exceeds the Aggregate Loan Amount (after giving effect to the reduction thereof by the Principal Amount of such Ineligible Purchased Loan) and (y) the aggregate outstanding Principal Amount of all such Ineligible Purchased Loans (the “Transfer Deposit Amount”"TRANSFER DEPOSIT AMOUNT"). Upon transfer or deposit of the Transfer Deposit Amount, the Trust shall automatically and without further action be deemed to have agreed to pay to the Company, without recourse, representation or warranty, all Collections in respect of each such Ineligible Purchased Loan. Except as otherwise specified in any Supplement, the obligation of the Company to pay such Transfer Deposit Amount with respect to any Ineligible Purchased Loan shall constitute the sole remedy respecting the event giving rise to such obligation available to Investor Certificateholders (or the Trustee on behalf of Investor Certificateholders) unless such obligation is not satisfied in full in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Pooling Agreement (Bunge LTD)

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Adjustment Payment Amount. Subject to the last sentence of this subsection 2.05(b), the Company shall make an adjustment payment with respect to each Ineligible Purchased Loan Receivable as required pursuant to subsection 2.05(a) by depositing in the Collection Account in immediately available funds on the Business Day following the related Ineligibility Determination Date an amount equal to the lesser of (x) the amount by which the Aggregate Target Loan Receivables Amount exceeds the Aggregate Loan Receivables Amount (after giving effect to the reduction thereof by the Principal Amount of such Ineligible Purchased LoanReceivable) and (y) the aggregate outstanding Principal Amount of all such Ineligible Purchased Loans Receivables (the "Transfer Deposit Amount"). Upon transfer or deposit of the Transfer Deposit Amount, the Trust shall automatically and without further action be deemed to have agreed to pay to the Company, without recourse, representation or warranty, all Collections in respect of each such Ineligible Purchased LoanReceivable. Except as otherwise specified in any Supplement, the obligation of the Company to pay such Transfer Deposit Amount with respect to any Ineligible Purchased Loan Receivables shall constitute the sole remedy respecting the event giving rise to such obligation available to Investor Certificateholders (or the Trustee on behalf of Investor Certificateholders) unless such obligation is not satisfied in full in accordance with the terms of this Agreement.). Amended and Restated Pooling Agreement 57

Appears in 1 contract

Samples: Pooling Agreement (Lifestyle Furnishings International LTD)

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