Common use of Disclosure of Transactions Clause in Contracts

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower will disclose that (i) the Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the Borrower’s assets prior to any assets or value in the Borrower becoming available to the Borrower’s equity holders and (iii) the assets of the Borrower are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof.

Appears in 25 contracts

Samples: Receivables Financing Agreement (BrightView Holdings, Inc.), Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.), Receivables Financing Agreement (BrightView Holdings, Inc.)

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Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower will disclose that (i) the Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights Security from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights Security to the Administrative Agent pursuant to this Agreementfor the benefit of the Secured Parties, (ii) the Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the Borrower’s assets prior to any assets or value in the Borrower becoming available to the Borrower’s equity holders and (iii) the assets of the Borrower are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof.

Appears in 4 contracts

Samples: Receivables Financing Agreement (Concentrix Corp), Receivables Financing Agreement (Concentrix Corp), Receivables Financing Agreement (Concentrix Corp)

Disclosure of Transactions. All financial statements of the Master Servicer, the Parent, the Performance Indemnification Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower Seller will disclose that (i) the BorrowerSeller’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower Seller is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the BorrowerSeller’s assets prior to any assets or value in the Borrower Seller becoming available to the BorrowerSeller’s equity holders and (iii) the assets of the Borrower Seller are not available to pay creditors of the Master Servicer, the Parent, the Performance Indemnification Guarantor, the Originators or any Affiliate thereof.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Nabors Industries LTD), Receivables Purchase Agreement (Nabors Industries LTD), Receivables Purchase Agreement (Nabors Industries LTD)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower Seller will disclose that (i) the BorrowerSeller’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower Seller is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the BorrowerSeller’s assets prior to any assets or value in the Borrower Seller becoming available to the BorrowerSeller’s equity holders and (iii) the assets of the Borrower Seller are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (DXC Technology Co), Receivables Purchase Agreement (Synchronoss Technologies Inc), Receivables Purchase Agreement (Computer Sciences Corp)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance GuarantorGuarantors, the Originators or any Affiliate thereof that are consolidated to include the Borrower Seller will disclose that (i) the BorrowerSeller’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower Seller is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the BorrowerSeller’s assets prior to any assets or value in the Borrower Seller becoming available to the BorrowerSeller’s equity holders and (iii) the assets of the Borrower Seller are not available to pay creditors of the Servicer, the Parent, the Performance GuarantorGuarantors, the Originators or any Affiliate thereof.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Ashland Inc.), Receivables Purchase Agreement (Ashland Inc.), Receivables Purchase Agreement (Ashland Global Holdings Inc)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower Borrowers will disclose that (i) the each Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the each Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the such Borrower’s assets prior to any assets or value in the such Borrower becoming available to the such Borrower’s equity holders and (iii) the assets of the Borrower Borrowers are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof.

Appears in 3 contracts

Samples: Receivables Financing Agreement (Lamar Media Corp/De), Receivables Financing Agreement (Lamar Media Corp/De), Receivables Financing Agreement (Lamar Media Corp/De)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators Originators, the Transferor or any Affiliate thereof that are consolidated to include the Borrower will disclose that (i) the Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators Transferor and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the Borrower’s assets prior to any assets or value in the Borrower becoming available to the Borrower’s equity holders and (iii) the assets of the Borrower are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Transferor, the Originators or any Affiliate thereof.

Appears in 3 contracts

Samples: Receivables Financing Agreement (Alliance Resource Partners Lp), Receivables Financing Agreement (Alliance Holdings GP, L.P.), Receivables Financing Agreement (Alliance Holdings GP, L.P.)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance GuarantorGuarantors, the Originators or any Affiliate thereof that are consolidated to include the Borrower will disclose that (i) the Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the Borrower’s assets prior to any assets or value in the Borrower becoming available to the Borrower’s equity holders and (iii) the assets of the Borrower are not available to pay creditors of the Servicer, the Parent, the Performance GuarantorGuarantors, the Originators or any Affiliate thereof.

Appears in 3 contracts

Samples: Receivables Financing Agreement (Evoqua Water Technologies Corp.), Receivables Financing Agreement (Evoqua Water Technologies Corp.), Receivables Financing Agreement (Evoqua Water Technologies Corp.)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower Seller will disclose that (i) the BorrowerSeller’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the applicable Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower Seller is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the BorrowerSeller’s assets prior to any assets or value in the Borrower Seller becoming available to the BorrowerSeller’s equity holders and (iii) the assets of the Borrower Seller are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Warner Bros. Discovery, Inc.), Receivables Purchase Agreement (Warner Bros. Discovery, Inc.)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower will disclose that (i) the Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the Borrower’s assets prior to any assets or value in the Borrower becoming available to the Borrower’s equity holders and (iii) the assets of the Borrower are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof.. (l)

Appears in 2 contracts

Samples: Receivables Financing Agreement (Compass Minerals International Inc), Version Receivables Financing Agreement (Applied Industrial Technologies Inc)

Disclosure of Transactions. All financial statements of the Master Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower Seller will disclose that (i) the BorrowerSeller’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower Seller is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the BorrowerSeller’s assets prior to any assets or value in the Borrower Seller becoming available to the BorrowerSeller’s equity holders and (iii) the assets of the Borrower Seller are not available to pay creditors of the Master Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Gray Television Inc), Receivables Purchase Agreement (Wolverine World Wide Inc /De/)

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Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower will disclose that (i) the Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent Administrator pursuant to this Agreement, (ii) the Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the Borrower’s assets prior to any assets or value in the Borrower becoming available to the Borrower’s equity holders and (iii) the assets of the Borrower are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof. In the event of Borrower’s assets being listed on a consolidated financial statement, such assets shall also be listed on the Borrower’s own separate balance sheet.

Appears in 2 contracts

Samples: Receivables Financing Agreement (Worthington Industries Inc), Receivables Financing Agreement (Worthington Industries Inc)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower will disclose that (i) the Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the Borrower’s assets prior to any assets or value in the Borrower becoming available to the Borrower’s equity holders and (iii) the assets of the Borrower are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof. Further, the Borrower shall maintain its own separate balance sheet, which shall list its own assets.

Appears in 2 contracts

Samples: Receivables Financing Agreement (Waystar Holding Corp.), Receivables Financing Agreement (Waystar Holding Corp.)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower will disclose includes statements generally to the effect that (i) the Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights Security from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights Security to the Administrative Agent pursuant to this Agreementfor the benefit of the Secured Parties, (ii) the Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the Borrower’s assets prior to any assets or value in the Borrower becoming available to the Borrower’s equity holders and (iii) the assets of the Borrower are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof.

Appears in 2 contracts

Samples: Receivables Financing Agreement (Rackspace Technology, Inc.), Receivables Financing Agreement (Rackspace Technology, Inc.)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower will disclose that (i) the Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights Security from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights Security to the Administrative Agent pursuant to this Agreement, (ii) the Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the Borrower’s assets prior to any assets or value in the Borrower becoming available to the Borrower’s equity holders and (iii) the assets of the Borrower are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof.

Appears in 1 contract

Samples: Receivables Financing Agreement (Davey Tree Expert Co)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators Originators, the Transferor or any Affiliate thereof that are consolidated to include the Borrower will disclose that (i) the Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators Transferor and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the Borrower’s assets prior to any assets or value in the Borrower becoming available to the Borrower’s equity holders and (iii) the assets of the Borrower are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Transferor, the Originators or any Affiliate thereof.

Appears in 1 contract

Samples: Receivables Financing Agreement (Alliance Resource Partners Lp)

Disclosure of Transactions. All financial statements of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof that are consolidated to include the Borrower will disclose that (i) the Borrower’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights Security from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights Security to the Administrative Agent pursuant to this Agreement, (ii) the Borrower is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the Borrower’s assets prior to any assets or value in the Borrower becoming available to the Borrower’s equity holders and (iii) the assets of the Borrower are not available to pay creditors of the Servicer, the Parent, the Performance Guarantor, the Originators or any Affiliate thereof.. (l)

Appears in 1 contract

Samples: Financing Agreement (Davey Tree Expert Co)

Disclosure of Transactions. All financial statements of the Master Servicer, the Parent, the Performance GuarantorMoog, the Originators or any Affiliate thereof that are consolidated to include the Borrower Seller (other than internally prepared financial statements) will disclose that (i) the BorrowerSeller’s sole business consists of the purchase or acceptance through capital contributions of the Receivables and Related Rights from the Originators and the subsequent retransfer of or granting of a security interest in such Receivables and Related Rights to the Administrative Agent pursuant to this Agreement, (ii) the Borrower Seller is a separate legal entity with its own separate creditors who will be entitled, upon its liquidation, to be satisfied out of the BorrowerSeller’s assets prior to any assets or value in the Borrower Seller becoming available to the BorrowerSeller’s equity holders and (iii) the assets of the Borrower Seller are not available to pay creditors of the Master Servicer, the Parent, the Performance GuarantorMoog, the Originators or any Affiliate thereof.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Moog Inc.)

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