Common use of AMOUNT LIMITED; ADVANCES Clause in Contracts

AMOUNT LIMITED; ADVANCES. The maximum aggregate principal amount of the Notes that may be authenticated and delivered and Outstanding at any time under this Indenture (except for Notes authenticated and delivered pursuant to SECTION 2.6 in replacement for destroyed, lost or stolen Notes) is limited to the Maximum Invested Amount. On each Business Day prior to the Facility Termination Date that is a Funding Date, and upon the satisfaction of all conditions precedent to (a) the funding of an Advance and (b) the purchase of Receivables, in each case as set forth in Section 2.1(b) of the Sale and Servicing Agreement, and Section 6.02 and Section 6.03 of the Note Purchase Agreement, the Issuer shall be entitled to borrow additional funds pursuant to an Advance made by the Note Purchaser on such Funding Date, in accordance with Section 2.02 and Section 2.03 of the Note Purchase Agreement, in an aggregate principal amount equal to the Advance Amount (subject to the Maximum Invested Amount) with respect to such Funding Date. Each request by the Issuer for an Advance shall include a certification by the Issuer as to the satisfaction of the conditions specified in the previous sentence. The aggregate outstanding principal amount of the Notes may be increased (subject to the Maximum Invested Amount) through the funding of the Advances. Each Advance and corresponding Advance Amount shall be recorded by the Note Purchaser, and the Note Purchaser's record (which may be in electronic or other form in the Note Purchaser's reasonable discretion) shall show all Advance Amounts and prepayments. Absent manifest error, such record of the Note Purchaser shall be dispositive with respect to the determination of the outstanding principal amount of the Notes. The Notes (i) can be funded by Advances on any Funding Date in a minimum amount of $2,000,000 and any higher amount (subject to the Maximum Invested Amount), and (ii) subject to subsequent Advances pursuant to this SECTION 2.11, are subject to prepayment in whole or in part, at the option of the Issuer as provided in ARTICLE X herein. In addition, and independent of optional prepayments pursuant to ARTICLE X, in the event that an Borrowing Base Deficiency exists on any date of determination as determined by the Note Purchaser in its sole discretion, the Issuer shall on the same Business Day of the receipt of notice from the Note Purchaser (or if notice is received after 10:01 a.m. New York time, then on the next Business Day), prepay the Invested Amount by an amount equal to such Borrowing Base Deficiency by paying such amount to or at the direction of the Note Purchaser.

Appears in 1 contract

Samples: Indenture (Consumer Portfolio Services Inc)

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AMOUNT LIMITED; ADVANCES. The maximum aggregate principal amount of the Notes that Note which may be authenticated and delivered and Outstanding at any time under this Indenture (except for Notes authenticated and delivered pursuant to SECTION 2.6 in replacement for destroyed, lost or stolen Notes) is limited to the Maximum Invested Amount. On each Business Day prior to the Facility Termination Date that is a Funding Date, and upon the satisfaction of all conditions precedent to (a) the funding of an Advance and (b) the purchase of Receivables, in each case as set forth in Section SECTION 2.1(b) of the Sale and Servicing Agreement, SECTION 7.02 and Section 6.02 and Section 6.03 SECTION 7.03 of the Note Purchase Agreement, the Issuer shall be entitled to borrow additional funds pursuant to an Advance made by the Note Purchaser on such Funding Date, in accordance with Section 2.02 and Section 2.03 of the Note Purchase Agreement, Date in an aggregate principal amount equal to the Advance Amount (subject to the Maximum Invested Amount) with respect to such Funding Date. Each request by the Issuer for an Advance shall include be deemed to be a certification by the Issuer as to the satisfaction of the conditions specified in the previous sentence. The aggregate outstanding principal amount of the Notes Note may be increased (subject to the Maximum Invested Amount) through the funding of the Advances. Each Advance and corresponding Advance Amount shall be recorded by on the grid attached to the Note Purchaser, and the Note Purchaser's record (which may be or in an electronic or other form file substantially in the Note Purchaser's reasonable discretionsame form as such grid. The grid (or such electronic file) shall show all Advance Amounts and prepayments. The Agent shall be responsible for maintaining the grid with respect to the Note. Absent manifest error, all such record of the Note Purchaser grid entries (whether manual or in electronic form) shall be dispositive with respect to the determination of the outstanding principal amount of the NotesNote. The Notes Note (i) can be funded by Advances on any Funding Date in a minimum amount of $2,000,000 1,000,000 and any higher amount (subject to the Maximum Invested Amount), and (ii) subject to subsequent Advances pursuant to this SECTION 2.11, are subject to prepayment in whole or in part, at the option of the Issuer as provided in ARTICLE Article X herein. In addition, and independent of optional prepayments pursuant to ARTICLE X, in the event that an Borrowing Base Deficiency exists on any date of determination as determined by the Note Purchaser in its sole discretion, the Issuer shall on the same Business Day of the receipt of notice from the Note Purchaser (or if notice is received after 10:01 a.m. New York time, then on the next Business Day), prepay the Invested Amount by an amount equal to such Borrowing Base Deficiency by paying such amount to or at the direction of the Note Purchaser.

Appears in 1 contract

Samples: Consumer Portfolio Services Inc

AMOUNT LIMITED; ADVANCES. The maximum aggregate principal amount of the Notes that Note which may be authenticated and delivered and Outstanding at any time under this Indenture (except for Notes authenticated and delivered pursuant to SECTION 2.6 in replacement for destroyed, lost or stolen Notes) is limited to the Maximum Invested Amount. On each Business Day prior to the Facility Termination Date that is a Funding Date, and upon the satisfaction of all conditions precedent to (a) the funding of an Advance and (b) the purchase of Receivables, in each case as set forth in Section 2.1(bSECTION 2.1(B) of the Sale and Servicing Agreement, and Section SECTION 6.02 and Section SECTION 6.03 of the Note Purchase Agreement, the Issuer shall be entitled to borrow additional funds pursuant to an Advance made by the Note Purchaser on such Funding Date, in accordance with Section 2.02 and Section 2.03 of the Note Purchase Agreement, Date in an aggregate principal amount equal to the Advance Amount (subject to the Maximum Invested Amount) with respect to such Funding Date. Each request by the Issuer for an Advance shall include be deemed to be a certification by the Issuer as to the satisfaction of the conditions specified in the previous sentence. The aggregate outstanding principal amount of the Notes Note may be increased (subject to the Maximum Invested Amount) through the funding of the Advances. Each Advance and corresponding Advance Amount shall be recorded by on the grid attached to the Note Purchaser, and the Note Purchaser's record (which may be or in an electronic or other form file substantially in the Note Purchaser's reasonable discretionsame form as such grid. The grid (or such electronic file) shall show all Advance Amounts and prepayments. The Noteholder shall be responsible for maintaining the grid with respect to the Note. Absent manifest error, all such record of the Note Purchaser grid entries (whether manual or in electronic form) shall be dispositive with respect to the determination of the outstanding principal amount of the NotesNote. The Notes Note (i) can be funded by Advances on any Funding Date in a minimum amount of $2,000,000 and any higher amount (subject to the Maximum Invested Amount), and (ii) subject to subsequent Advances pursuant to this SECTION 2.11, are subject to prepayment in whole or in part, at the option of the Issuer as provided in ARTICLE Article X herein. In addition, and independent of optional prepayments pursuant to ARTICLE X, in the event that an Borrowing Base Deficiency exists on any date of determination as determined by the Note Purchaser in its sole discretion, the Issuer shall on the same Business Day of the receipt of notice from the Note Purchaser (or if notice is received after 10:01 a.m. New York time, then on the next Business Day), prepay the Invested Amount by an amount equal to such Borrowing Base Deficiency by paying such amount to or at the direction of the Note Purchaser.

Appears in 1 contract

Samples: Consumer Portfolio Services Inc

AMOUNT LIMITED; ADVANCES. The maximum aggregate principal amount of the Notes that which may be authenticated and delivered and Outstanding at any time under this Indenture (except for Notes authenticated and delivered pursuant to SECTION 2.6 in replacement for destroyed, lost or stolen Notes) is limited to the Maximum Invested Amount. On each Business Day prior to the Facility Termination Date that is a Funding Date, and upon the satisfaction of all conditions precedent to (a) the funding of an Advance and (b) the purchase of Receivables, in each case as set forth in Section 2.1(b) of the Sale and Servicing Agreement, Agreement and Section Sections 6.01 and 6.02 and Section 6.03 of the Note Purchase Agreement, the Issuer shall be entitled to borrow additional funds pursuant to an Advance made by the Note Purchaser on such Funding Date, in accordance with Section 2.02 and Section 2.03 of the Note Purchase Agreement, Date in an aggregate principal amount equal to the Advance Amount (subject to the Maximum Invested Amount) with respect to such Funding Date. Each request by the Issuer for an Advance shall include be deemed to be a certification by the Issuer as to the satisfaction of the conditions specified in the previous sentence. The aggregate outstanding principal amount of the Notes may be increased (subject to the Maximum Invested Amount) through the funding of the Advances. The Issuer and the Servicer shall promptly notify the Trustee of each Advance and corresponding Advance Amount at the same time an Advance Request is submitted to the initial Noteholder. Each Advance and corresponding Advance Amount shall be recorded by on the grid attached to the applicable Note Purchaser, and the Note Purchaser's record (which may be or in an electronic or other form file substantially in the Note Purchaser's reasonable discretionsame form as such grid. The grid (or such electronic file) shall show all Advance Amounts and prepayments. Each Advance and corresponding Advance Amount shall also be recorded in records maintained by the Trustee. All such records shall reflect all Advance Amounts, prepayments, other payments and interest accruals. Each Noteholder shall be responsible for maintaining the grid with respect to its Note. Absent manifest error, all such record of grid entries maintained by the Note Purchaser Noteholders (whether manual or in electronic form) shall be dispositive with respect to the determination of the outstanding principal amount of the Notessuch Note. The Notes A Note (i) can may be funded by Advances on any Funding Date in a minimum amount of $2,000,000 and any higher amount (subject to the Maximum Invested AmountAmount and the terms and conditions set forth in the Note Purchase Agreement), and (ii) subject to subsequent Advances pursuant to this SECTION Section 2.11, are is subject to prepayment in whole or in part, at the option of the Issuer as provided in ARTICLE Article X herein. In addition, and independent of optional prepayments pursuant to ARTICLE X, in the event that an Borrowing Base Deficiency exists on any date of determination as determined by the Note Purchaser in its sole discretion, the Issuer shall on the same Business Day of the receipt of notice from the Note Purchaser (or if notice is received after 10:01 a.m. New York time, then on the next Business Day), prepay the Invested Amount by an amount equal to such Borrowing Base Deficiency by paying such amount to or at the direction of the Note Purchaser.

Appears in 1 contract

Samples: Gehl Co

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AMOUNT LIMITED; ADVANCES. The maximum aggregate principal amount of the Notes that may be authenticated and delivered and Outstanding at any time under this Indenture (except for Notes authenticated and delivered pursuant to SECTION 2.6 in replacement for destroyed, lost or stolen Notes) is limited to the Maximum Invested Amount. On each Business Day prior to the Facility Termination Date that is a Funding Date, and upon the satisfaction of all conditions precedent to (a) the funding of an Advance and (b) the purchase of Receivables, in each case as set forth in Section SECTION 2.1(b) of the Sale and Servicing Agreement, and Section SECTION 6.02 and Section SECTION 6.03 of the Note Purchase Agreement, the Issuer shall be entitled to borrow additional funds pursuant to an Advance made by the Note Purchaser on such Funding Date, in accordance with Section 2.02 and Section 2.03 of the Note Purchase Agreement, Date in an aggregate principal amount equal to the Advance Amount (subject to the Maximum Invested Amount) with respect to such Funding Date. Each request by the Issuer for an Advance shall include be deemed to be a certification by the Issuer as to the satisfaction of the conditions specified in the previous sentence. The aggregate outstanding principal amount of the Notes may be increased (subject to the Maximum Invested Amount) through the funding of the Advances. Each Advance and corresponding Advance Amount shall be recorded by on the Note Purchaser, and grid attached to the Note Purchaser's record (which may be Notes or in an electronic or other form file substantially in the Note Purchaser's reasonable discretionsame form as such grid. The grid (or such electronic file) shall show all Advance Amounts and prepayments. The Note Purchaser shall be responsible for maintaining the grid with respect to the Notes. Absent manifest error, all such record of the Note Purchaser grid entries (whether manual or in electronic form) shall be dispositive with respect to the determination of the outstanding principal amount of the Notes. The Notes (i) can be funded by Advances on any Funding Date in a minimum amount of $2,000,000 and any higher amount (subject to the Maximum Invested Amount), and (ii) subject to subsequent Advances pursuant to this SECTION 2.11, are subject to prepayment in whole or in part, at the option of the Issuer as provided in ARTICLE Article X herein. In addition, and independent of optional prepayments pursuant to ARTICLE X, in the event that an Borrowing Base Deficiency exists on any date of determination as determined by the Note Purchaser in its sole discretion, the Issuer shall on the same Business Day of the receipt of notice from the Note Purchaser (or if notice is received after 10:01 a.m. New York time, then on the next Business Day), prepay the Invested Amount by an amount equal to such Borrowing Base Deficiency by paying such amount to or at the direction of the Note Purchaser.

Appears in 1 contract

Samples: Indenture (Consumer Portfolio Services Inc)

AMOUNT LIMITED; ADVANCES. The maximum aggregate principal amount of the Notes that Note which may be authenticated and delivered and Outstanding at any time under this Indenture (except for Notes authenticated and delivered pursuant to SECTION 2.6 in replacement for destroyed, lost or stolen Notes) is limited to the Maximum Invested Amount. On each Business Day prior to the Facility Termination Date that is a Funding Date, and upon the satisfaction of all conditions precedent to (a) the funding of an Advance and (b) the purchase of Receivables, in each case as set forth in Section 2.1(bSECTION 2.1(B) of the Sale and Servicing Agreement, Agreement and Section 6.02 SECTION 7.02 and Section 6.03 SECTION 7.03 of the Note Purchase Agreement, the Issuer shall be entitled to borrow additional funds pursuant to an Advance made by the Note Purchaser on such Funding Date, in accordance with Section 2.02 and Section 2.03 of the Note Purchase Agreement, Date in an aggregate principal amount equal to the Advance Amount (subject to the Maximum Invested Amount) with respect to such Funding Date. Each request by the Issuer for an Advance shall include be deemed to be a certification by the Issuer as to the satisfaction of the conditions specified in the previous sentence. The aggregate outstanding principal amount of the Notes Note may be increased (subject to the Maximum Invested Amount) through the funding of the Advances. Each Advance and corresponding Advance Amount shall be recorded by on the grid attached to the Note Purchaser, and the Note Purchaser's record (which may be or in an electronic or other form file substantially in the Note Purchaser's reasonable discretionsame form as such grid. The grid (or such electronic file) shall show all Advance Amounts and prepayments. The Controlling Party shall be responsible for maintaining the grid with respect to the Note. Absent manifest error, all such record of the Note Purchaser grid entries (whether manual or in electronic form) shall be dispositive with respect to the determination of the outstanding principal amount of the NotesNote. The Notes Note (i) can be funded by Advances on any Funding Date in a minimum amount of $2,000,000 1,000,000 and any higher amount (subject to the Maximum Invested Amount), and (ii) subject to subsequent Advances pursuant to this SECTION 2.11, are subject to prepayment in whole or in part, at the option of the Issuer as provided in ARTICLE Article X herein. In addition, and independent of optional prepayments pursuant to ARTICLE X, in the event that an Borrowing Base Deficiency exists on any date of determination as determined by the Note Purchaser in its sole discretion, the Issuer shall on the same Business Day of the receipt of notice from the Note Purchaser (or if notice is received after 10:01 a.m. New York time, then on the next Business Day), prepay the Invested Amount by an amount equal to such Borrowing Base Deficiency by paying such amount to or at the direction of the Note Purchaser.

Appears in 1 contract

Samples: Consumer Portfolio Services Inc

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