Common use of Eligible Asset Clause in Contracts

Eligible Asset. (a) Each Eligible Asset shall be initially computed as of the opening of business of the Collection Agent on the date of Purchase of such Eligible Asset. Thereafter until the Termination Date for such Eligible Asset, such Eligible Asset shall be automatically recomputed as of the close of business of the Collection Agent on each day (other than a Liquidation Day). Such Eligible Asset shall remain constant from the time as of which any such computation or recomputation is made until the time as of which the next such recomputation, if any, shall be made. Any Eligible Asset, as computed as of the day immediately preceding the Termination Date for such Eligible Asset, shall remain constant at all times on and after such Termination Date. Such Eligible Asset shall become zero at such time as the Owner of such Eligible Asset shall have received the accrued Yield for such Eligible Asset and shall have recovered the Capital of such Eligible Asset, and the Collection Agent shall have received the accrued Collection Agent Fee for such Eligible Asset. (b) If any Eligible Asset would otherwise be reduced on any day on account of Receivables arising as or becoming Pool Receivables, the Owner of such Eligible Asset may prevent such reduction by giving notice to the Collection Agent, before the close of business of the Collection Agent on such day, that such Eligible Asset's interest in such Receivables is to be limited so as to prevent such reduction. If such notice is given for any day for any Eligible Asset, the Receivables Pool for such Eligible Asset, and the Net Receivables Pool Balance for such Eligible Asset, will include, with respect to Receivables arising as or becoming Pool Receivables on such day, only such number of such Receivables or such portion of such Receivables as shall cause such Eligible Asset to remain constant, such Receivables or portion thereof being included in the Receivables Pool for such Eligible Asset in the order of the Seller's account numbers for such Receivables up to an aggregate amount so as to cause such Eligible Asset to remain constant, and the remainder of such Receivables or portion thereof shall be treated as Receivables arising on the next succeeding Business Day.

Appears in 3 contracts

Samples: Trade Receivables Purchase and Sale Agreement (Geon Co), Trade Receivables Purchase and Sale Agreement (Polyone Corp), Trade Receivables Purchase and Sale Agreement (Geon Co)

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Eligible Asset. (a) Each Eligible Asset shall be initially computed as of the opening of business of the Collection Agent on the date of Purchase of such Eligible Asset. Thereafter until the Termination Date for such Eligible Asset, such Eligible Asset shall be automatically recomputed as of the close of business of the Collection Agent on each day (other than a Liquidation Day). Such Eligible Asset shall remain constant from the time as of which any such computation or recomputation is made until the time as of which the next such recomputation, if any, shall be made. Any Eligible Asset, as computed as of the day immediately preceding the Termination Date for such Eligible Asset, shall remain constant at all times on and after such Termination Date. Such Eligible Asset shall become zero at such time as the Owner of such Eligible Asset shall have received the accrued Yield for such Eligible Asset and shall have recovered recorded the Capital of such Eligible Asset, and the Collection Agent shall have received the accrued Collection Agent Fee for such Eligible Asset. (b) If any Eligible Asset would otherwise be reduced on any day on account of Receivables arising as or becoming Pool Receivables, the Owner of such Eligible Asset may prevent such reduction by giving notice to the Collection Agent, before the close of business of the Collection Agent on such day, that such Eligible Asset's interest in such Receivables is to be limited so as to prevent such reduction. If such notice is given for any day for any Eligible Asset, the Receivables Pool for such Eligible Asset, and the Net Receivables Pool Balance for such Eligible Asset, will include, with respect to Receivables arising as or becoming Pool Receivables on such day, only such number of such Receivables or such portion of such Receivables as shall cause such Eligible Asset to remain constant, such Receivables or portion thereof being included in the Receivables Pool for such Eligible Asset in the order of the Seller's account numbers for such Receivables up to an aggregate amount so as to cause such Eligible Asset to remain constant, and the remainder of such Receivables or portion thereof shall be treated as Receivables arising on the next succeeding Business Day.

Appears in 2 contracts

Samples: Trade Receivables Purchase and Sale Agreement, Trade Receivables Purchase and Sale Agreement (Detroit Edison Securitization Funding LLC)

Eligible Asset. (a) Each Eligible Asset shall be initially computed as of the opening of business of the Collection Agent on the date of Purchase of such Eligible Asset. Thereafter until the Termination Date for such Eligible Asset, such Eligible Asset shall be automatically recomputed adjusted as of the close of business of the Collection Agent on each day (other than a Liquidation Day). Such Eligible Asset shall remain constant from the time as of which any such computation adjustment or recomputation readjustment is made until the time as of which the next such recomputationreadjustment, if any, shall be made. Any Eligible Asset, as computed adjusted as of the day immediately preceding the Termination Date for such Eligible Asset, shall remain constant at all times on and after such Termination Date. Such Eligible Asset shall become zero at such time as the Owner of such Eligible Asset shall have received the accrued Yield for such Eligible Asset and shall have recovered the Capital of such Eligible Asset, and the Collection Agent shall have received the accrued Collection Agent Fee for such Eligible Asset. (b) If any Eligible Asset would otherwise be reduced on any day on account of Receivables arising as or becoming Pool Receivables, the Owner of such Eligible Asset may prevent such reduction by giving notice to the Collection Agent, before the close of business of the Collection Agent on such day, that such Eligible Asset's interest in such Receivables is to be limited so as to prevent such reduction. If such notice is given for any day for any Eligible Asset, the Receivables Pool for such Eligible Asset, and the Net Receivables Pool Balance for such Eligible Asset, will include, with respect to Receivables arising as or becoming Pool Receivables on such day, only such number of such Receivables or such portion of such Receivables as shall cause such Eligible Asset to remain constant, such Receivables or portion thereof being included in the Receivables Pool for such Eligible Asset in the order of the Seller's account numbers for such Receivables up to an aggregate amount so as to cause such Eligible Asset to remain constant, and the remainder of such Receivables or portion thereof shall be treated as Receivables arising on the next succeeding Business Day.

Appears in 1 contract

Samples: Trade Receivables Purchase and Sale Agreement (Dial Corp /New/)

Eligible Asset. (a) Each An Eligible Asset shall be initially computed as of the opening of business of the Collection Agent on the date of Purchase of such Eligible AssetEffective Date. Thereafter until the Termination Date for such each Eligible Asset, such Eligible Asset shall be automatically recomputed as of the close of business of the Collection Agent on each day (other than a Liquidation Day). Such Eligible Asset shall remain constant from the time as of which any such computation or recomputation is made until the time as of which the next such recomputation, if any, shall be made. Any Eligible Asset, as computed as of the day immediately preceding the Termination Date for such Eligible Asset, shall be fixed on the Termination Date and shall remain constant at all times thereafter, and the undivided percentage interest created by such Eligible Asset shall apply only to Pool Receivables (or the day immediately preceding the Termination Date upon the occurrence of a Trigger Event described in Section 7.01(f)) (which shall include any Unbilled Tariff Receivables included in the Receivables Pool on such date and after any Tariff Receivables in existence on such Termination Datedate or to the extent resulting from the billing of Unbilled Tariff Receivables). Such Eligible Asset shall become zero at such time as the Owner of such Eligible Asset shall have received the accrued Yield and Fees for such Eligible Asset and shall have recovered the Capital of such Eligible Asset, and the Collection Agent Seller shall have received been paid all other amounts owed by the accrued Collection Agent Fee for such Eligible AssetSeller hereunder. (b) If any Eligible Asset would otherwise be reduced on any day on account of Receivables newly arising as or becoming Pool Receivables, the Owner of such Eligible Asset may prevent such reduction by giving notice to the Collection Agent, before the close of business of the Collection Agent on such day, that such Eligible Asset's ’s interest in such Receivables is to be limited so as to prevent such reduction. If such notice is given for any day for any Eligible Asset, the Receivables Pool for such Eligible Asset, and the Net Receivables Pool Balance for such Eligible AssetBalance, will include, with respect to Receivables arising as or becoming Pool Receivables on such day, only such number of such Receivables or such portion of such Receivables as shall cause such Eligible Asset to remain constant, such Receivables or portion thereof being included in the Receivables Pool for such Eligible Asset in the order of the Seller's ’s account numbers for such Receivables up to an aggregate amount so as to cause such Eligible Asset to remain constant, and the remainder of such Receivables or portion thereof shall be treated as Receivables arising on the next succeeding Business Day.

Appears in 1 contract

Samples: Trade Receivables Purchase and Sale Agreement (Peco Energy Co)

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Eligible Asset. (a) Each Eligible Asset shall be initially computed as of the opening of business of the Collection Agent on the date of Purchase of such Eligible AssetAsset from the Seller. Thereafter until the Termination Date for such Eligible AssetDate, such Eligible Asset shall be automatically recomputed as of (i) the opening of business of the Collection Agent on any day on which the aggregate Capital of all Eligible Assets hereunder is increased and (ii) the close of business of the Collection Agent on each day (day. An Eligible Asset shall become zero at such time as the Owner of such Eligible Asset shall have received the accrued Yield for such Eligible Asset, shall have recovered the Capital of such Eligible Asset and shall have received all other than a Liquidation Day)amounts payable to such Owner pursuant to this Agreement. Such Each Eligible Asset shall remain constant from the time as of which any such computation or recomputation is made until the time as of which the next such recomputation, if any, shall be made. Any Eligible Asset, as computed as of the day immediately preceding the Termination Date for such Eligible Asset, shall remain constant at all times on and after such Termination Date. Such Eligible Asset shall become zero at such time as the Owner of such Eligible Asset shall have received the accrued Yield for such Eligible Asset and shall have recovered the Capital of such Eligible Asset, and the Collection Agent shall have received the accrued Collection Agent Fee for such Eligible Asset. (b) If any The Agent shall maintain books and records in which shall be recorded (i) the date and amount of each Capital Increase Purchase hereunder, the Investor making each such Capital Increase Purchase and each Eligible Asset would otherwise be reduced on purchased pursuant thereto, (ii) the date and amount of and parties to any day on account assignment of Receivables arising as rights and obligations hereunder pursuant to Article IX or becoming Pool ReceivablesSection 11.04 notified to it, (iii) the Owner amount of such Eligible Asset may prevent such reduction by giving notice any Yield, fees or other amounts due and payable or to become due from the Seller to the Collection Agent, before the close of business of any Owner or the Collection Agent on such day, that such Eligible Asset's interest hereunder and (iv) the amount and date of any reduction in such Receivables is to be limited so as to prevent such reduction. If such notice is given for any day for the Capital of any Eligible Asset, the Receivables Pool for such Eligible Asset, and the Net Receivables Pool Balance for such Eligible Asset, will include, with respect to Receivables arising as or becoming Pool Receivables on such day, only such number of such Receivables or such portion of such Receivables as shall cause such Eligible Asset to remain constant, such Receivables or portion thereof being included . The entries made in the Receivables Pool for such Eligible Asset Agent's books and records as described in the order of the Seller's account numbers for such Receivables up to an aggregate amount so as to cause such Eligible Asset to remain constant, and the remainder of such Receivables or portion thereof this Section 2.04(b) shall be treated as Receivables arising on the next succeeding Business Dayconclusive and binding for all purposes absent manifest error.

Appears in 1 contract

Samples: Receivables Purchase and Sale Agreement (Snap on Inc)

Eligible Asset. (a) Each Eligible Asset shall be initially computed as of the opening of business of the Collection Agent on the date of Purchase of such Eligible AssetAsset from the Seller. Thereafter until the Termination Date for such Eligible AssetDate, such Eligible Asset shall be automatically recomputed as of (i) the opening of business of the Collection Agent on any day on which the aggregate Capital of all Eligible Assets hereunder is increased and (ii) the close of business of the Collection Agent on each day (day. An Eligible Asset shall become zero at such time as each of the Banks shall have received the accrued Yield with respect to its Percentage Interest in such Eligible Asset, shall have recovered its Percentage Interest of the Capital of such Eligible Asset and shall have received all other than a Liquidation Day)amounts payable to such Bank pursuant to this Agreement. Such Each Eligible Asset shall remain constant from the time as of which any such computation or recomputation is made until the time as of which the next such recomputation, if any, shall be made. Any Eligible Asset, as computed as of the day immediately preceding the Termination Date for such Eligible Asset, shall remain constant at all times on and after such Termination Date. Such Eligible Asset shall become zero at such time as the Owner of such Eligible Asset shall have received the accrued Yield for such Eligible Asset and shall have recovered the Capital of such Eligible Asset, and the Collection Agent shall have received the accrued Collection Agent Fee for such Eligible Asset. (b) If any The Agent shall maintain books and records in which shall be recorded (i) the date and amount of each Capital Increase Purchase hereunder and each Eligible Asset would otherwise be reduced on purchased pursuant thereto (and each Percentage Interest purchased therein), (ii) the date and amount of and parties to any day on account assignment of Receivables arising as rights and obligations hereunder pursuant to Article IX or becoming Pool ReceivablesSection 11.04 notified to it, (iii) the Owner amount of such Eligible Asset may prevent such reduction by giving notice any Yield, fees or other amounts due and payable or to become due from the Seller to the Collection Agent, before the close of business of any Bank or the Collection Agent on such day, that such Eligible Asset's interest hereunder and (iv) the amount and date of any reduction in such Receivables is to be limited so as to prevent such reduction. If such notice is given for any day for the Capital of any Eligible Asset, the Receivables Pool for such Eligible Asset, and the Net Receivables Pool Balance for such Eligible Asset, will include, with respect to Receivables arising as or becoming Pool Receivables on such day, only such number of such Receivables or such portion of such Receivables as shall cause such Eligible Asset to remain constant, such Receivables or portion thereof being included . The entries made in the Receivables Pool for such Eligible Asset Agent's books and records as described in the order of the Seller's account numbers for such Receivables up to an aggregate amount so as to cause such Eligible Asset to remain constant, and the remainder of such Receivables or portion thereof this Section 2.04(b) shall be treated as Receivables arising on the next succeeding Business Dayconclusive and binding for all purposes absent manifest error.

Appears in 1 contract

Samples: Receivables Purchase and Sale Agreement (Snap on Inc)

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