Common use of Incremental Purchases Clause in Contracts

Incremental Purchases. The Seller shall provide the Administrator with at least two (2) Business Days’ prior written notice in a form set forth as Exhibit II hereto of each Incremental Purchase (each, a “Purchase Notice”). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000 or a larger integral multiple of $100,000) and the Purchase Date. Following receipt of a Purchase Notice, the Administrator will determine whether TPF will fund the requested Incremental Purchase through the issuance of Commercial Paper or through a Liquidity Funding. If TPF determines to fund an Incremental Purchase through a Liquidity Funding, the Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase will be funded through a Liquidity Funding. On each Purchase Date, upon satisfaction of the applicable conditions precedent set forth in Article VI, TPF shall deposit to the Facility Account, in immediately available funds, no later than 2:00 p.m. (Atlanta time), an amount equal to the requested Purchase Price. (b) Section 1.3 of the Receivables Purchase Agreement is hereby amended in its entirety and as so amended shall read as follows:

Incremental Purchases. The Seller shall provide the Administrator Agent with at least two (2) Business Days’ ' prior written notice in a form set forth as Exhibit II hereto of each Incremental Purchase (each, a “"Purchase Notice”"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000 or a larger integral multiple of $100,000) and the Purchase Date. The Seller shall not request and Blue Ridge shall not be obligated to fund more than one (1) Incremental Purchase in any consecutive seven (7) day period. Following receipt of a Purchase Notice, the Administrator Agent will determine whether TPF Blue Ridge will fund the requested Incremental Purchase through the issuance of Commercial Paper or through a Liquidity Funding. If TPF Blue Ridge determines to fund an Incremental Purchase through a Liquidity Funding, the Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase will be funded through a Liquidity Funding. On each Purchase Date, upon satisfaction of the applicable conditions precedent set forth in Article VI, TPF Blue Ridge shall deposit to the Facility Account, in immediately available funds, no later than 2:00 p.m. (Atlanta New York time), an amount equal to the requested Purchase Price. (b) Section 1.3 of the Receivables Purchase Agreement is hereby amended in its entirety and as so amended shall read as follows:

Incremental Purchases. The Seller shall provide the Administrator Administrative Agent with at least two (2) Business Days’ ' prior written notice in a form set forth as Exhibit EXHIBIT II hereto of each Incremental Purchase (each, a “Purchase Notice”"PURCHASE NOTICE"). Each Purchase Notice shall be subject to Section SECTION 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000 or a larger integral multiple of $100,000) and the Purchase Date (which, in the case of any Incremental Purchase after the initial Purchase hereunder, shall only be on a Settlement Date). Following receipt of a Purchase Notice, the Administrator Administrative Agent will determine whether TPF Blue Ridge will fund the requested Incremental Purchase through the issuance of Commercial Paper or through a Liquidity Funding. If TPF Blue Ridge determines to fund an Incremental Purchase through a Liquidity Funding, the Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase will be funded through a Liquidity Funding. On each Purchase Date, upon satisfaction of the applicable conditions precedent set forth in Article ARTICLE VI, TPF Blue Ridge shall deposit to the Facility Account, in immediately available funds, no later than 2:00 p.m. (Atlanta New York time), an amount equal to the requested Purchase Price. (b) Section 1.3 of the Receivables Purchase Agreement is hereby amended in its entirety and as so amended shall read as follows:

Incremental Purchases. The Seller shall provide the Administrator Agent with at least two (2) Business Days’ ' prior written notice in a form set forth as Exhibit II hereto of each Incremental Purchase (each, a “"Purchase Notice”"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000 or a larger integral multiple of $100,000) and the Purchase Date (which, in the case of any Incremental Purchase after the initial Purchase hereunder, shall only be on a Settlement Date). Following receipt of a Purchase Notice, the Administrator Agent will determine whether TPF Blue Ridge will fund the requested Incremental Purchase through the issuance of Commercial Paper or through a Liquidity Funding. If TPF Blue Ridge determines to fund an Incremental Purchase through a Liquidity Funding, the Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase will be funded through a Liquidity Funding. On each Purchase Date, upon satisfaction of the applicable conditions precedent set forth in Article VI, TPF Blue Ridge shall deposit to the Facility Account, in immediately available funds, no later than 2:00 p.m. (Atlanta New York time), an amount equal to the requested Purchase Price. (b) Section 1.3 of the Receivables Purchase Agreement is hereby amended in its entirety and as so amended shall read as follows:

Incremental Purchases. The Seller shall provide the Administrator with at least two (2) Business Days’ prior written notice in a form set forth as Exhibit II hereto of each Incremental Purchase (each, a “Purchase Notice”). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000 or a larger integral multiple of $100,000) and the Purchase Date. The Seller shall not request and TPF shall not be obligated to fund more than one (1) Incremental Purchase in any consecutive seven (7) day period. Following receipt of a Purchase Notice, the Administrator will determine whether TPF will fund the requested Incremental Purchase through the issuance of Commercial Paper or through a Liquidity Funding. If TPF determines to fund an Incremental Purchase through a Liquidity Funding, the Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase will be funded through a Liquidity Funding. On each Purchase Date, upon satisfaction of the applicable conditions precedent set forth in Article VI, TPF shall deposit to the Facility Account, in immediately available funds, no later than 2:00 p.m. (Atlanta New York time), an amount equal to the requested Purchase Price. (b) Section 1.3 of the Receivables Purchase Agreement is hereby amended in its entirety and as so amended shall read as follows:

Incremental Purchases. The Seller shall provide the Administrator Agent with at least two (2) Business Days’ ' prior written notice in a form set forth as Exhibit II hereto of each Incremental Purchase (each, a “Purchase Notice”"PURCHASE NOTICE"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000 or a larger integral multiple of $100,000) and the Purchase Date; PROVIDED, HOWEVER, that no more than three (3) Incremental Purchases may be made in any calendar month. Following receipt of a Purchase Notice, the Administrator Agent will determine whether TPF Blue Ridge will fund the requested Incremental Purchase through the issuance of Commercial Paper or through a Liquidity Funding. If TPF Blue Ridge determines to fund an Incremental Purchase through a Liquidity Funding, the Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase will be funded through a Liquidity Funding. On each Purchase Date, upon satisfaction of the applicable conditions precedent set forth in Article VI, TPF Blue Ridge shall deposit to the Facility Account, in immediately available funds, no later than 2:00 p.m. (Atlanta New York time), an amount equal to the requested Purchase Price. (b) Section 1.3 of the Receivables Purchase Agreement is hereby amended in its entirety and as so amended shall read as follows:

Incremental Purchases. The Seller shall provide the Administrator Agent with at least two (2) Business Days’ ' prior written notice in a form set forth as Exhibit II hereto of each Incremental Purchase (each, a “Purchase Notice”"PURCHASE NOTICE"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000 or a larger integral multiple of $100,000) and the Purchase Date (which, in the case of any Incremental Purchase after the initial Purchase hereunder, shall only be on a Settlement Date). Following receipt of a Purchase Notice, the Administrator Agent will determine whether TPF Blue Ridge will fund the requested Incremental Purchase through the issuance of Commercial Paper or through a Liquidity Funding. If TPF Blue Ridge determines to fund an Incremental Purchase through a Liquidity Funding, the Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase will be funded through a Liquidity Funding. On each Purchase Date, upon satisfaction of the applicable conditions precedent set forth in Article VI, TPF Blue Ridge shall deposit to the Facility Account, in immediately available funds, as soon as possible and in no event later than 2:00 p.m. (Atlanta New York time), an amount equal to the requested Purchase Price. (b) Section 1.3 of the Receivables Purchase Agreement is hereby amended in its entirety and as so amended shall read as follows:

Incremental Purchases. The Seller shall provide the Administrator Agent with at least two (2) Business Days’ ' prior written notice in a form set forth as Exhibit II hereto of each Incremental Purchase (each, a “"Purchase Notice”" ). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000 or a larger integral multiple of $100,000) and the Purchase Date (which, in the case of any Incremental Purchase after the initial Purchase hereunder, shall only be on a Settlement Date). Following receipt of a Purchase Notice, the Administrator Agent will determine whether TPF Blue Ridge will fund the requested Incremental Purchase through the issuance of Commercial Paper or through a Liquidity Funding. If TPF Blue Ridge determines to fund an Incremental Purchase through a Liquidity Funding, the Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase will be funded through a Liquidity Funding. The Agent shall notify the Seller as soon as possible of any determination by Blue Ridge to fund any Incremental Purchase through a Liquidity Funding. On each Purchase Date, upon satisfaction of the applicable conditions precedent set forth in Article VI, TPF Blue Ridge shall deposit to the Facility Account, in immediately available funds, no later than 2:00 p.m. (Atlanta New York time), an amount equal to the requested Purchase Price. (b) Section 1.3 of the Receivables Purchase Agreement is hereby amended in its entirety and as so amended shall read as follows: