Assignment of Receivables Purchase Agreement. The Originator hereby acknowledges that on the date hereof the Company has assigned all of its right, title and interest in, to and under this Agreement to the Agent for the benefit of the Lenders pursuant to the Receivables Loan Agreement and that the Agent and the Lenders are third party beneficiaries hereof. The Originator hereby further acknowledges that all provisions of this Agreement shall inure to the benefit of the Agent and the Lenders, including in the enforcement of any provision hereof to the extent set forth in the Receivables Loan Agreement, but that neither the Agent nor any Lender shall have any obligations or duties under this Agreement. No purchases shall take place hereunder at any time that the Agent has exercised its right to enforce the Company's rights hereunder pursuant to Section 1.8 of the Receivables Loan Agreement. The Originator hereby further acknowledges that the execution and performance of this Agreement are conditions precedent for the Agent and the Lenders to enter into the Receivables Loan Agreement and that the agreement of the Agent and the Lenders to enter into the Receivables Loan Agreement will directly or indirectly benefit the Originator and constitutes good and valuable consideration for the rights and remedies of the Agent and each Lender with respect hereto.
Appears in 8 contracts
Samples: Receivables Purchase Agreement (Eagle Picher Technologies LLC), Receivables Purchase Agreement (Eagle Picher Technologies LLC), Receivables Purchase Agreement (Eagle Picher Technologies LLC)
Assignment of Receivables Purchase Agreement. The Each Originator hereby acknowledges that on the date hereof the Company Buyer has collaterally assigned for security purposes all of its right, title and interest in, to and under this Agreement to the Agent for the benefit of the Lenders Purchasers pursuant to the Receivables Loan Second Tier Agreement and that the Agent and the Lenders Purchasers are third party beneficiaries hereof. The Each Originator hereby further acknowledges that after the occurrence and during the continuation of a Termination Event all provisions of this Agreement shall inure to the benefit of the Agent and the LendersPurchasers, including in the enforcement of any provision hereof to the extent set forth in the Receivables Loan Second Tier Agreement, but that neither the Agent nor any Lender Purchaser shall have any obligations or duties under this Agreement. No purchases shall take place hereunder at any time that the Agent has exercised its right to enforce the CompanyBuyer's rights hereunder pursuant to Section 1.8 of the Receivables Loan Second Tier Agreement. The Each Originator hereby further acknowledges that the execution and performance of this Agreement are conditions precedent for the Agent and the Lenders Purchasers to enter into the Receivables Loan Second Tier Agreement and that the agreement of the Agent and the Lenders Purchasers to enter into the Receivables Loan Agreement Second Tier Agreements will directly or indirectly benefit the such Originator and constitutes good and valuable consideration for the rights and remedies of the Agent and each Lender Purchaser with respect hereto.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Arvinmeritor Inc), Purchase and Sale Agreement (Arvinmeritor Inc)
Assignment of Receivables Purchase Agreement. The Originator hereby acknowledges that on the date hereof the Company has collaterally assigned all of its right, title and interest in, to and under this Agreement to the Agent for the benefit of the Lenders pursuant to the Receivables Loan Agreement and that that, to the extent of such collateral grant, the Agent and the Lenders are third party beneficiaries hereof. The Originator hereby further acknowledges that all provisions of this Agreement shall inure to the benefit of the Agent and the Lenders, including in the enforcement of any provision hereof to the extent set forth in the Receivables Loan Agreement, but that neither the Agent nor any Lender shall have any obligations or duties under this Agreement. No purchases shall take place hereunder at any time that the Agent has exercised its right to enforce the Company's rights hereunder pursuant to Section 1.8 of the Receivables Loan Agreement. The Originator hereby further acknowledges that the execution and performance of this Agreement are conditions precedent for the Agent and the Lenders to enter into the Receivables Loan Agreement and that the agreement of the Agent and the Lenders to enter into the Receivables Loan Agreement will directly or indirectly benefit the Originator and constitutes good and valuable consideration for the rights and remedies of the Agent and each Lender with respect hereto.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Eagle Picher Technologies LLC)
Assignment of Receivables Purchase Agreement. The Originator hereby acknowledges that on the date hereof the Company Buyer has assigned all of its right, title and interest in, to and under this Agreement to the Agent for the benefit of the Lenders Buyer pursuant to the Receivables Loan Second Tier Agreement and that the Agent and the Lenders Buyer are third party beneficiaries hereof. The Originator hereby further acknowledges that after the occurrence and during the continuation of a Termination Event all provisions of this Agreement shall inure to the benefit of the Agent and the LendersBuyer, including in the enforcement of any provision hereof to the extent set forth in the Receivables Loan Second Tier Agreement, but that neither the Agent nor any Lender the Buyer shall have any obligations or duties under this Agreement. No purchases or contributions shall take place hereunder at any time that the Agent Buyer has exercised its right ceased to enforce sell Purchase Interests under the Company's rights hereunder pursuant to Section 1.8 of the Receivables Loan Second Tier Agreement. The Originator hereby further acknowledges that the execution and performance of this Agreement are conditions precedent for the Agent and the Lenders Buyer to enter into the Receivables Loan Second Tier Agreement and that the agreement of the Agent and the Lenders Buyer to enter into the Receivables Loan Agreement Second Tier Agreements will directly or indirectly benefit the Originator and constitutes good and valuable consideration for the rights and remedies of the Agent and each Lender the Buyer with respect hereto.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Great Plains Energy Inc)
Assignment of Receivables Purchase Agreement. The Originator hereby acknowledges that on the date hereof the Company Buyer has assigned all of its right, title and interest in, to and under this Agreement to the Agent for the benefit of the Lenders Purchasers pursuant to the Receivables Loan Second Tier Agreement and that the Agent and the Lenders Purchasers are third party beneficiaries hereof. The Originator hereby further acknowledges that after the occurrence and during the continuation of a Termination Event all provisions of this Agreement shall inure to the benefit of the Agent and the LendersPurchasers, including in the enforcement of any provision hereof to the extent set forth in the Receivables Loan Second Tier Agreement, but that neither the Agent nor any Lender Purchaser shall have any obligations or duties under this Agreement. No purchases shall take place hereunder at any time that the Agent Buyer has exercised its right ceased to enforce sell Purchase Interests under the Company's rights hereunder pursuant to Section 1.8 of the Receivables Loan Second Tier Agreement. The Originator hereby further acknowledges that the execution and performance of this Agreement are conditions precedent for the Agent and the Lenders Purchasers to enter into the Receivables Loan Second Tier Agreement and that the agreement of the Agent and the Lenders Purchasers to enter into the Receivables Loan Agreement Second Tier Agreements will directly or indirectly benefit the Originator and constitutes good and valuable consideration for the rights and remedies of the Agent and each Lender Purchaser with respect hereto.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Kansas City Power & Light Co)
Assignment of Receivables Purchase Agreement. The Originator hereby acknowledges that on the date hereof the Company Buyer has collaterally assigned for security purposes all of its right, title and interest in, to and under this Agreement to the Agent for the benefit of the Lenders Purchasers pursuant to the Receivables Loan Second Tier Agreement and that the Agent and the Lenders Purchasers are third party beneficiaries hereof. The Originator hereby further acknowledges that after the occurrence and during the continuation of a Termination Event all provisions of this Agreement shall inure to the benefit of the Agent and the LendersPurchasers, including in the enforcement of any provision hereof to the extent set forth in the Receivables Loan Second Tier Agreement, but that neither the Agent nor any Lender Purchaser shall have any obligations or duties under this Agreement. No purchases shall take place hereunder at any time that the Agent has exercised its right to enforce the CompanyBuyer's rights hereunder pursuant to Section 1.8 of the Receivables Loan Second Tier Agreement. The Originator hereby further acknowledges that the execution and performance of this Agreement are conditions precedent for the Agent and the Lenders Purchasers to enter into the Receivables Loan Second Tier Agreement and that the agreement of the Agent and the Lenders Purchasers to enter into the Receivables Loan Agreement Second Tier Agreements will directly or indirectly benefit the Originator and constitutes good and valuable consideration for the rights and remedies of the Agent and each Lender Purchaser with respect hereto.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Swift Transportation Co Inc)
Assignment of Receivables Purchase Agreement. The Each Originator hereby acknowledges that on the date hereof the Company has assigned all of its right, title and interest in, to and under this Agreement to the Agent for the benefit of the Lenders Purchasers pursuant to the Receivables Loan Sale Agreement and that the Agent and the Lenders Purchasers are third party beneficiaries hereof. The Each Originator hereby further acknowledges that all provisions of this Agreement shall inure to the benefit of the Agent and the LendersPurchasers, including in the enforcement of any provision hereof to the extent set forth in the Receivables Loan Sale Agreement, but that neither the Agent nor any Lender Purchaser shall have any obligations or duties under this Agreement. No purchases shall take place hereunder at any time that the Agent has exercised its right to enforce the Company's rights hereunder pursuant to Section 1.8 of the Receivables Loan Sale Agreement. The Each Originator hereby further acknowledges that the execution and performance of this Agreement are conditions precedent for the Agent and the Lenders Purchasers to enter into the Receivables Loan Sale Agreement and that the agreement of the Agent and the Lenders Purchasers to enter into the Receivables Loan Sale Agreement will directly or indirectly benefit the such Originator and constitutes good and valuable consideration for the rights and remedies of the Agent and each Lender Purchaser with respect hereto.
Appears in 1 contract