Common use of Determinations of the Purchaser Clause in Contracts

Determinations of the Purchaser. On each Determination Date, the Purchaser will determine, in good faith, the following: (a) the Net Value of all Purchased Receivables which have become Rejected Receivables since the prior Purchase Date and which have not been repurchased or offset in the manner set forth in Section 4.4 (the "Rejected Receivable Amount"); (b) the amount of Collections up to the Purchase Price of all Purchased Receivables received since the prior Determination Date (the "Paid Receivables Amount"); (c) the Net Value of all Purchased Receivables which have become Defaulted Receivables since the prior Purchase Date (the "Defaulted Receivable Amount" or "Credit Deficiency"); (d) the aggregate amount deposited in the Collection Account in excess of the Purchase Price of each Purchased Receivable, including Collections pertaining to Receivables not purchased under this Agreement, since the prior Determination Date (the "Excess Collection Amount"); (e) the Net Value of all Purchased Receivables less the Rejected Receivable Amount and the Defaulted Receivable Amount as of the current Determination Date; and (f) the amount of any accrued and unpaid Program Fee. The Purchaser's determinations of the foregoing amounts shall be made in good faith and shall be deemed conclusive in the absence of manifest error. The Purchaser shall notify the Seller of such good faith determinations.

Appears in 1 contract

Samples: Receivables Sale Agreement (Star Telecommunications Inc)

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Determinations of the Purchaser. On each Determination Date, the Purchaser will determine, in good faith, the following: (a) the Net Value of all Purchased Receivables which have become Rejected Receivables since the prior Purchase Date and which have not been repurchased or offset in the manner set forth in Section 4.4 (the "Rejected Receivable Amount"); (b) the amount of Collections up to the Purchase Price of all Purchased Receivables received since the prior Determination Date (the "Paid Receivables Amount"); (c) the Net Value of all Purchased Receivables which have become Defaulted Receivables since the prior Purchase Date (the "Defaulted Receivable Amount" or "Credit Deficiency"); (d) the aggregate amount deposited in the Collection Account in excess of the Purchase Price Net Value of each Purchased Receivable, including Collections pertaining to Receivables not purchased under this Agreement, since the prior Determination Date (the "Excess Collection Amount"); (e) the Net Value of all Purchased Receivables less the Rejected Receivable Amount and the Defaulted Receivable Amount as of the current Determination Date; and (f) the amount of any accrued and unpaid Program Fee. The Purchaser's determinations of the foregoing amounts shall be made in good faith and shall be deemed conclusive in the absence of manifest error. The Purchaser shall notify the Seller of such good faith determinations.

Appears in 1 contract

Samples: Receivables Sale Agreement (Buyers United Inc)

Determinations of the Purchaser. On each Determination Date, the Purchaser will determine, in good faith, the following: (a) the Net Value of all Purchased Receivables which have become Rejected Receivables since the prior Purchase Date and which have not been repurchased or offset in the manner set forth in Section 4.4 (the "Rejected Receivable Amount"); (b) the amount of Collections up to the Purchase Price of all Purchased Receivables received since the prior Determination Date (the "Paid Receivables Amount"); (c) the Net Value of all Purchased Receivables which have become Defaulted Receivables since the prior Purchase Date (the "Defaulted Receivable Amount" or "Credit Deficiency"); (d) the aggregate amount deposited in the Collection Account in excess of the Purchase Price of each Purchased Receivable, including Collections pertaining to Receivables not purchased under this Agreement, since the prior Determination Date (the "Excess Collection Amount"); (e) the Net Value of all Purchased Receivables less the Rejected Receivable Amount and the Defaulted Receivable Amount as of the current Determination Date; and (f) the amount of any accrued and unpaid Program Fee. The Purchaser's determinations of the foregoing amounts shall be made in good faith and shall be deemed conclusive in the absence of manifest material error. The Purchaser shall use reasonable efforts to notify the Seller of such good faith determinationsdeterminations in a timely manner.

Appears in 1 contract

Samples: Receivables Sale Agreement (Z Tel Technologies Inc)

Determinations of the Purchaser. On each Determination Date, the Purchaser will determine, in good faith, the following: (a) the Net Value of all Purchased Receivables which have become Rejected Receivables since the prior Purchase Date and which have not been repurchased or offset in the manner set forth in Section 4.4 (the "Rejected Receivable Amount"); (b) the amount of Collections up to the Purchase Price of all Purchased Receivables received since the prior Determination Date (the "Paid Receivables Amount"); (c) the Net Value of all Purchased Receivables which have become Defaulted Receivables since the prior Purchase Date (the "Defaulted Receivable Amount" or "Credit Deficiency"); (d) the aggregate amount deposited in the Collection Account in excess of the Purchase Price of each Purchased Receivable, including plus one hundred percent (100.0%) of the Collections pertaining to Receivables not purchased under this Agreement, since the prior Determination Date (the "Excess Collection Amount"); (e) the Net Value of all Purchased Receivables less the Rejected Receivable Amount and the Defaulted Receivable Amount as of the current Determination Date; and (f) the amount of any accrued and unpaid Program Fee. The Purchaser's determinations of the foregoing amounts shall be made in good faith and shall be deemed conclusive in the absence of manifest error. The Purchaser shall notify the Seller of such good faith determinations.

Appears in 1 contract

Samples: Receivables Sale Agreement (Ari Network Services Inc /Wi)

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Determinations of the Purchaser. On each Determination -------------------------------- Date, the Purchaser will determine, in good faith, the following: (a) the Net Value of all Purchased Receivables which have become Rejected Receivables since the prior Purchase Date and which have not been repurchased or offset in the manner set forth in Section 4.4 (the "Rejected Receivable Amount"); (b) the amount of Collections up to the Purchase Price of all Purchased Receivables received since the prior Determination Date (the "Paid Receivables Amount"); (c) the Net Value of all Purchased Receivables which have become Defaulted Receivables since the prior Purchase Date (the "Defaulted Receivable Amount" or "Credit Deficiency"); (d) the aggregate amount deposited in the Collection Account in excess of the Purchase Price Net Value of each Purchased Receivable, including Collections pertaining to Receivables not purchased under this Agreement, since the prior Determination Date (the "Excess Collection Amount"); (e) the Net Value of all Purchased Receivables less the Rejected Receivable Amount and the Defaulted Receivable Amount as of the current Determination Date; and (f) the amount of any accrued and unpaid Program Fee. The Purchaser's determinations of the foregoing amounts shall be made in good faith and shall be deemed conclusive in the absence of manifest error. The Purchaser shall notify the Seller of such good faith determinations.

Appears in 1 contract

Samples: Receivables Sale Agreement (Avery Communications Inc)

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