Common use of Liquidity Agreement Fundings Clause in Contracts

Liquidity Agreement Fundings. The parties hereto acknowledge that a Conduit may borrow against or put all or any portion of its Purchaser Interests to the Financial Institutions in its Purchaser Group at any time pursuant to such Conduit’s related Liquidity Agreement to finance or refinance the necessary portion of its Purchaser Interests through a funding under such Liquidity Agreement to the extent available. The fundings under such Liquidity Agreement will accrue interest at the Bank Rate in accordance with this Article IV. Regardless of whether a funding of Purchaser Interests by any Financial Institution constitutes the direct purchase of a Purchaser Interest hereunder, an assignment under the related Liquidity Agreement of a Purchaser Interest originally funded by a Conduit, the sale of one or more participations under the related Liquidity Agreement in a Purchaser Interest originally funded by a Conduit or a loan made under a Liquidity Agreement in respect of a Conduit’s Purchaser Interest, each Financial Institution participating in a funding of a Purchaser Interest shall have the rights and obligations of a “Purchaser” hereunder with the same force and effect as if it had directly purchased such Purchaser Interest from the Seller hereunder.

Appears in 3 contracts

Samples: Intercreditor Agreement (Consumers Energy Co), Intercreditor Agreement (Consumers Energy Co), Receivables Purchase Agreement (CMS Energy Corp)

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Liquidity Agreement Fundings. The parties hereto acknowledge that a JS Trusta Conduit may borrow against or put all or any portion of its Purchaser Interests to the Financial Institutions in its Purchaser Group at any time pursuant to the such Conduit’s related Liquidity Agreement to finance or refinance the necessary portion of its Purchaser Interests through a funding under the such Liquidity Agreement to the extent available. The fundings under such the Liquidity Agreement will accrue interest at the Bank Discount Rate in accordance with this Article IV. Section 4.1. Regardless of whether a funding of Purchaser Interests by any the Financial Institution Institutions constitutes the direct purchase of a Purchaser Interest hereunder, an assignment under the related Liquidity Agreement of a Purchaser Interest originally funded by JS Trust a Conduit, Conduit or the sale of one or more participations under the related Liquidity Agreement in a Purchaser Interest originally funded by a Conduit or a loan made under a Liquidity Agreement in respect of a JS Trusta Conduit’s Purchaser Interest, each Financial Institution participating in a funding of a Purchaser Interest shall have the rights and obligations of a “Purchaser” hereunder with the same force and effect as if it had directly purchased such Purchaser Interest from the Seller hereunder.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Insight Enterprises Inc)

Liquidity Agreement Fundings. The parties hereto acknowledge that a Conduit each of the Conduits may borrow against or put assign all or any portion of its Purchaser Interests to the Financial Institutions Committed Purchasers in its Purchaser Group at any time pursuant to such Conduit’s related the applicable Liquidity Agreement to finance or refinance the necessary portion of its Purchaser Interests through a funding under such Liquidity Agreement to the extent available. The fundings under such the Liquidity Agreement Agreements will accrue interest at the Bank Rate Discount in accordance with this Article IVSection 2.2. THIRD AMENDED AND RESTATED RPA Regardless of whether a funding of Purchaser Interests by any Financial Institution the Committed Purchasers in a Group constitutes the direct purchase of a Purchaser Interest hereunder, an assignment under the related a Liquidity Agreement of a Purchaser Interest originally funded by a Conduit, Conduit or the sale of one or more participations under the related Liquidity Agreement in a Purchaser Interest originally funded by a Conduit or a loan made other interests under a Liquidity Agreement in respect of such a Conduit’s Purchaser Interest, each Financial Institution Committed Purchaser participating in a funding of a Purchaser Interest pursuant to a Liquidity Agreement shall have the rights and obligations of a “Purchaser” hereunder with the same force and effect as if it had directly purchased such Purchaser Interest directly from the Seller hereunder.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Yrc Worldwide Inc)

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Liquidity Agreement Fundings. . The parties hereto acknowledge that a Conduit may borrow against or put all or any portion of its Purchaser Interests to the Financial Institutions in its Purchaser Group at any time pursuant to such Conduit’s related Liquidity Agreement to finance or refinance the necessary portion of its Purchaser Interests through a funding under such Liquidity Agreement to the extent available. The fundings under such Liquidity Agreement will accrue interest at the Bank Discount Rate in accordance with this Article IV. Regardless of whether a funding of Purchaser Interests by any the Financial Institution Institutions constitutes the direct purchase of a Purchaser Interest hereunder, an assignment under the related Liquidity Agreement of a Purchaser Interest originally funded by a Conduit, Conduit or the sale of one or more participations or other interests under the related Liquidity Agreement in a Purchaser Interest originally funded by a Conduit or a loan made under a Liquidity Agreement in respect of a Conduit’s Purchaser Interest, each Financial Institution participating in a funding of a Purchaser Interest shall have the rights and obligations of a “Purchaser” hereunder with the same force and effect as if it had directly purchased such Purchaser Interest from the Seller hereunder.

Appears in 1 contract

Samples: Receivables Purchase Agreement (LKQ Corp)

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