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Common use of Liquidity Coverage Ratio Clause in Contracts

Liquidity Coverage Ratio. The Borrower has not, does not and will not during this Agreement (x) issue any obligations that (A) constitute asset-backed commercial paper, or (B) are securities required to be registered under the Securities Act or that are offered for sale under Rule 144A or a similar exemption from registration under the Securities Act or the rules promulgated thereunder, or (y) issue any other debt obligations or equity interest other than debt obligations substantially similar to the obligations of the Borrower under this Agreement that are (A) issued to other banks or asset-backed commercial paper conduits in privately negotiated transactions, and (B) subject to transfer restrictions substantially similar to the transfer restrictions set forth in this Agreement; provided, that nothing in this Section 6.01(y) prohibits or restricts the Borrower from issuing its own limited liability company interests or the Subordinated Notes. The Borrower further represents and warrants that its assets and liabilities are consolidated with the assets and liabilities of Parent for purposes of generally accepted accounting principles.

Appears in 4 contracts

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

Liquidity Coverage Ratio. The Borrower Seller has not, does not and will not during the term of this Agreement (xi) issue any obligations that (A) constitute asset-backed commercial paper, or (B) are securities required to be registered under the Securities Act of 1933 (the “33 Act”) or that are may be offered for sale under Rule 144A or a similar exemption from registration under the Securities 33 Act or the rules promulgated thereunder, or (yii) issue any other debt obligations or equity interest interests other than the Subordinated Notes (as defined in the Receivables Sale Agreement), the equity interests issued to its parent, or debt obligations substantially similar to the obligations of the Borrower Seller under this Agreement that are (A) issued to other banks or asset-backed commercial paper conduits in privately negotiated transactions, and (B) subject to transfer restrictions substantially similar to the transfer restrictions set forth in this Agreement; provided, that nothing in this Section 6.01(y) prohibits or restricts the Borrower from issuing its own limited liability company interests or the Subordinated Notes. The Borrower Seller further represents and warrants that its assets and liabilities are consolidated with the assets and liabilities of Parent Insight for purposes of generally accepted accounting principlesGAAP.

Appears in 2 contracts

Samples: Amendment (Insight Enterprises Inc), Receivables Purchase Agreement (Insight Enterprises Inc)

Liquidity Coverage Ratio. The Borrower Seller has not, does not and will not during this Agreement (xi) issue any obligations that (A) constitute asset-backed commercial paper, paper or (B) are securities required to be registered under the Securities Act or that are offered for sale under Rule 144A or a similar exemption from registration under the Securities Act or the rules promulgated thereunder, thereunder or (yii) issue any other debt obligations or equity interest other than debt obligations substantially similar to the obligations of the Borrower Seller under this Agreement that are (A) issued to other banks or asset-backed commercial paper conduits in privately negotiated transactions, transactions and (B) subject to transfer restrictions substantially similar to the transfer restrictions set forth in this Agreement; provided, that nothing in this Section 6.01(y) prohibits or restricts the Borrower Seller from issuing its own limited liability company interests or the Subordinated Notes. The Borrower Seller further represents and warrants that its assets and liabilities are consolidated with the assets and liabilities of Parent Xxxx for purposes of generally accepted accounting principlesGAAP.

Appears in 1 contract

Samples: Receivables Purchase Agreement (OLIN Corp)