Amendments to Receivables Sale Agreement Sample Clauses
Amendments to Receivables Sale Agreement. The Receivables Sale Agreement is hereby amended as follows:
Amendments to Receivables Sale Agreement. (a) Section 1.1 of the Receivables Sale Agreement is amended by deleting the definition of “Average Recovery Price Ratio” in its entirety where it appears therein and replacing it with the following:
Amendments to Receivables Sale Agreement. A. Section 5.9 of the Receivables Sale Agreement is hereby amended to delete therefrom the phrase ", except to the extent that any of the Sellers as of the date hereof, in the normal course of their business and consistent with past practices, have directed such Obligors to remit payments by delivering cash, a check or other instrument to or in care of the person delivering goods to such Obligor or to the business offices, agents or officers of such Seller; provided, that for Mxxx and Mxxx Delaware, checks may be remitted to the relevant Seller and thereafter shall be deposited into a Deposit Account".
Amendments to Receivables Sale Agreement. The Receivables Sale Agreement shall be amended as follows:
(a) The definition of “Eligible Receivable” in Section 1.1 of the Receivables Sale Agreement is amended by adding the words “or “general intangible”” immediately following the words “constitutes an “account”” in section (g) of such definition.
Amendments to Receivables Sale Agreement. Subject to the satisfaction of the conditions set forth in Section 5 below, the parties hereto agree to amend the Receivables Sale Agreement as follows:
(a) to replace paragraph (e) of Section 1.3 of the Receivables Sale Agreement with the following, (thereby making the current paragraph (e) the new paragraph (f)):
(e) The Master Servicer will pay to the Seller:
(A) a $100,000 fee for each instance in which a deed to the residence of a Relocating Employee is not held by the Master Servicer or a title company in respect of a Final Equity Payment or Mortgage Payment Advance within 30 days after the Petition Date, in the case of any Final Equity Payment or Mortgage Payment Advance outstanding on such date, or within 30 days after the date of the Final Equity Payment or Mortgage Payment Advance, with respect to any Final Equity Payment or Mortgage Payment Advance made on or after the Petition Date (the “Misplaced Deeds”); provided, however, that no such fee shall be payable on account of Misplaced Deeds which collectively comprise less than 3% of the total number of deeds to the residences of Relocating Employees with respect to which any Relocating Employee Receivables are outstanding on such date of determination (but excluding any deeds to residences that have already been sold and for which the Servicer has received the proceeds of such sale);
(B) a $100,000 fee for each instance in which a deed to the residence of a Relocating Employee is neither (i) marked in favor of the Seller nor (ii) left blank, within 30 days after the Petition Date, in the case of any such deed in existence on such date, or within 30 days after the execution of such deed, in the case of any such deed executed on or after the Petition Date (the “Non-Conforming Deeds”); provided, however, that no such fee shall be payable on account of Non-Conforming Deeds which collectively comprise less than 5% of the total number of deeds to the residences of Relocating Employees with respect to which any Relocating Employee Receivables are outstanding on such date of determination (but excluding any deeds to residences that have already been sold and for which the Servicer has received the proceeds of such sale); and
(C) commencing April 30, 2008, a fee equal to 5% of the total amounts due in respect of Receivables that are not remitted to the Collection Account in accordance with the proviso to the second sentence of Section 1.8(a) hereof (the “Misdirected Funds”); provided, however, that no fee...
Amendments to Receivables Sale Agreement. (i) Clause (c) of Section 1.1 of the Receivables Sale Agreement is amended to read in its entirety as follows:
Amendments to Receivables Sale Agreement. (a) The Receivables Sale Agreement is hereby amended so that the definition of “Reserve” in Schedule I thereto is amended to read in its entirety as follows:
Amendments to Receivables Sale Agreement. (a) Section 1.12 of the Receivables Sale Agreement is hereby deleted in its entirety.
(b) Clause (ii) of the last sentence of Sections 5.1(e), 5.2(e) and 5.3(e) of the Receivables Sale Agreement is hereby amended and restated as follows:
Amendments to Receivables Sale Agreement. The Receivables Sale Agreement is hereby amended as set forth in Exhibit B to this Amendment, with text marked in underline indicating additions to the Agreement and with text marked in strikethrough indicating deletions to the Receivables Sale Agreement.
Amendments to Receivables Sale Agreement. (a) Notwithstanding the requirement in Section 2.7(a)(iv) of the Receivables Sale Agreement that Accounts be chosen for removal on a random basis, the Subject Accounts may be designated as Removed Accounts pursuant to this Reassignment. Such Removed Accounts have been selected from the Accounts relating to Sam’s Club Retailers, Wal-Mart Retailers, JCPenney Retailers and Lowe’s Retailers and have been selected for removal based on credit scores. The Seller shall not be required to deliver an Officer’s Certificate regarding the statements made in Section 2.7(a)(iv) in connection with the Subject Accounts.
(b) Notwithstanding anything to the contrary in the Receivables Sale Agreement, Buyer and PLT, as designee of Seller, may agree, pursuant to the execution of an assignment agreement substantially in the form of Exhibit A attached hereto, that the Transferred Receivables existing at the close of business on the Removal Cut-Off Date and thereafter created from time to time in the Removed Accounts designated hereby, the Related Security and Collections with respect thereto, together with all monies due or to become due and all amounts received or receivable with respect thereto and all Insurance Proceeds related thereto and all proceeds of the foregoing, will be assigned by Buyer to PLT.
(c) Notwithstanding the definition of “Account Schedule” in the Receivables Sale Agreement, the Account Schedule delivered in connection with the Designation shall set forth the receivables balance for each Removed Account as of the Removal Cut-Off Date, rather than the Removal Notice Date.