Common use of Making Incremental Purchases Clause in Contracts

Making Incremental Purchases. The Seller shall provide the Agent with written ---------------------------- notice (a "Purchase Notice") of each Incremental Purchase not later than 12:00 noon (Chicago time) on the Business Day immediately prior to the date of the proposed Incremental Purchase; provided, however, that the Seller shall endeavor to provide each Purchase Notice at least three Business Days prior to the proposed date of the Incremental Purchase. Each Purchase Notice shall, except as set forth below, be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and the date of purchase (which shall be a Business Day). Following receipt of a Purchase Notice, the Agent shall determine whether PREFCO agrees to make the purchase. If PREFCO does not make a proposed purchase, the Seller may cancel the Purchase Notice or the Incremental Purchase of the Receivable Interests shall be made by the Investors (in which case the Seller, prior to such Incremental Purchase, shall notify the Agent in writing of the duration of the initial Tranche Period and the initial Discount Rate related thereto). On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article 4, --------- PREFCO or each Investor, as applicable, shall initiate a wire transfer (or in the case of a transfer from PREFCO, or Bank One, an intrabank transfer) to the Facility Account, of immediately available funds, no later than 11:00 a.m. (Chicago time), in an amount equal to (i) in the case of PREFCO, the aggregate of the Purchase Prices of each of the Receivable Interests PREFCO is purchasing, or (ii) in the case of an Investor, such Investor's Pro Rata Share of the Purchase Prices of each of the Receivable Interests the Investors are purchasing.

Making Incremental Purchases. The Seller shall provide the Agent with written ---------------------------- notice a purchase notice, in substantially the form of EXHIBIT IX hereto (each, a "Purchase NoticePURCHASE NOTICE"), at least one (1) of each Incremental Purchase not later than 12:00 noon (Chicago time) on the Business Day immediately prior to the date initial purchase of the proposed Incremental Purchase; provided, however, that the Seller shall endeavor to provide each Purchase Notice Receivable Interests hereunder and at least three (3) Business Days prior to the proposed date of the each subsequent Incremental Purchase. Each Purchase Notice shall, except as set forth below, be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,0003,000,000) and the date of purchase (which shall be a Business Day). Following receipt of a Purchase Notice, the Agent shall determine whether PREFCO agrees to make the purchase. If PREFCO does not make a proposed purchase, the Seller may cancel the Purchase Notice or the Incremental Purchase of the Receivable Interests shall be made by the Investors (in which case the Seller, prior to such Incremental Purchase, shall notify the Agent in writing of together with the duration of the initial Tranche Period and the initial Discount Rate related thereto). Following receipt of a Purchase Notice, the Agent will determine whether FALCON agrees to make the purchase. If FALCON declines to make a proposed purchase, the Agent shall promptly advise the Seller and the Servicer of such fact, and (i) the Seller may thereupon cancel the Purchase Notice or (ii) in the absence of such a cancellation, the Incremental Purchase of the Receivable Interests will be made by the Investors. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article 4ARTICLE IV, --------- PREFCO FALCON or each Investor, as applicable, shall initiate a wire transfer (or in the case of a transfer from PREFCO, or Bank One, an intrabank transfer) deposit to the Facility Account, of in immediately available funds, no later than 11:00 a.m. 12:00 noon (Chicago time), in an amount equal to (i) in the case of PREFCOFALCON, the aggregate of the Purchase Prices Price of each of the Receivable Interests PREFCO Interest FALCON is purchasing, then purchasing or (ii) in the case of an Investor, such Investor's Pro Rata Share of the aggregate Purchase Prices Price of each of the Receivable Interests the Investors are purchasing.

Making Incremental Purchases. The Seller shall provide the Agent with written ---------------------------- notice a purchase notice, in substantially the form of EXHIBIT IX hereto (each, a "Purchase NoticePURCHASE NOTICE"), at least one (1) of each Incremental Purchase not later than 12:00 noon (Chicago time) on the Business Day immediately prior to the date initial purchase of the proposed Incremental Purchase; provided, however, that the Seller shall endeavor to provide each Purchase Notice at least three Receivable Interests hereunder (or two (2) Business Days prior to such initial purchase if the proposed date of Seller desires to select the Adjusted LIBOR Rate with respect thereto) and at least two (2) Business Days prior to each subsequent Incremental Purchase. Each Purchase Notice shall, except as set forth below, be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,0003,000,000) and the date of purchase (which shall be a Business Day). Following receipt of a Purchase Notice, the Agent shall determine whether PREFCO agrees to make the purchase. If PREFCO does not make a proposed purchase, the Seller may cancel the Purchase Notice or the Incremental Purchase of the Receivable Interests shall be made by the Investors (in which case the Seller, prior to such Incremental Purchase, shall notify the Agent in writing of together with the duration of the initial Tranche Period and the initial Discount Rate related thereto). Following receipt of a Purchase Notice, the Agent will determine whether FALCON agrees to make the purchase. If FALCON declines to make a proposed purchase, the Agent shall promptly advise the Seller and the Servicer of such fact, and (i) the Seller may thereupon cancel the Purchase Notice or (ii) in the absence of such a cancellation, the Incremental Purchase of the Receivable Interests will be made by the Investors. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article 4ARTICLE IV, --------- PREFCO FALCON or each Investor, as applicable, shall initiate a wire transfer (or in the case of a transfer from PREFCO, or Bank One, an intrabank transfer) deposit to the Facility Account, of in immediately available funds, no later than 11:00 a.m. 12:00 noon (Chicago time), in an amount equal to (i) in the case of PREFCOFALCON, the aggregate of the Purchase Prices Price of each of the Receivable Interests PREFCO Interest FALCON is purchasing, then purchasing or (ii) in the case of an Investor, such Investor's Pro Rata Share of the aggregate Purchase Prices Price of each of the Receivable Interests the Investors are purchasing.

Making Incremental Purchases. The Seller shall provide the Agent with written ---------------------------- notice a purchase notice, in substantially the form of EXHIBIT IX hereto (each, a "Purchase NoticePURCHASE NOTICE"), at least one (1) of each Incremental Purchase not later than 12:00 noon (Chicago time) on the Business Day immediately prior to the date initial purchase of the proposed Incremental Purchase; provided, however, that the Seller shall endeavor to provide each Purchase Notice Receivable Interests hereunder and at least three (3) Business Days prior to the proposed date of the each subsequent Incremental Purchase. Each Purchase Notice shall, except as set forth below, be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,0003,000,000) and the date of purchase (which shall be a Business Day). Following receipt of a Purchase Notice, the Agent shall determine whether PREFCO agrees to make the purchase. If PREFCO does not make a proposed purchase, the Seller may cancel the Purchase Notice or the Incremental Purchase of the Receivable Interests shall be made by the Investors (in which case the Seller, prior to such Incremental Purchase, shall notify the Agent in writing of together with the duration of the initial Tranche Period and the initial Discount Rate related thereto). Following receipt of a Purchase Notice, the Agent will determine whether FALCON agrees to make the purchase. If FALCON declines to make a proposed purchase, the Agent shall promptly advise the Seller and the Servicer of such fact, and (i) the Seller may thereupon cancel the Purchase Notice or (ii) in the absence of such a cancellation, the Incremental Purchase of the Receivable Interests will be made by the Investors. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article 4ARTICLE IV, --------- PREFCO FALCON or each Investor, as applicable, shall initiate a wire transfer (or in the case of a transfer from PREFCO, or Bank One, an intrabank transfer) deposit to the Facility Account, of in immediately available funds, no later than 11:00 a.m. 12:00 noon (Chicago time), in an amount equal to (i) in the case of PREFCOFALCON, the aggregate of the Purchase Prices Price of each of the Receivable Interests PREFCO Interest FALCON is purchasing, then purchasing or (ii) in the case of an Investor, such Investor's Pro Rata Share of the aggregate Purchase Prices Price of each of the Receivable Interests the Investors are purchasing.. 7

Making Incremental Purchases. The Seller shall provide ---------------------------- the Agent with written ---------------------------- notice (a "Purchase NoticePURCHASE NOTICE") of each Incremental Purchase not later than 12:00 noon 9:00 a.m. (Chicago time) on the Business Day immediately prior to the date of the proposed Incremental Purchase; provided, however, that the Seller shall endeavor to provide each Purchase Notice at least three Business Days prior to the proposed date of the Incremental Purchase. Each Purchase Notice shall, except as set forth below, be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and ), the date of purchase (purchase, the duration of the initial Tranche Period and the initial Discount Rate related thereto, and the Person and bank account to which shall the Purchase Price should be a Business Day)transferred. Following receipt of a Purchase Notice, the Agent shall determine whether PREFCO agrees to make the purchase. If PREFCO does not make a proposed purchase, the Seller may cancel the Purchase Notice or the Incremental Purchase of the Receivable Interests shall be made by the Investors (in which case the Seller, prior to such Incremental Purchase, shall notify the Agent in writing of the duration of the initial Tranche Period and the initial Discount Rate related thereto)Investors. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article 4IV, --------- PREFCO or each Investor, as applicable, shall initiate a wire ---------- transfer (or to the Person and account specified in the case of a transfer from PREFCOapplicable Purchase Notice, or Bank One, an intrabank transfer) to the Facility Account, of in immediately available funds, no later than 11:00 a.m. 12:00 noon (Chicago time), in an amount equal to (i) in the case of PREFCO, the aggregate of the Purchase Prices of each of the Receivable Interests PREFCO is purchasing, or (ii) in the case of an Investor, such Investor's Pro Rata Share of the Purchase Prices of each of the Receivable Interests the Investors are purchasing.