Common use of Making Investments; Return of Capital Clause in Contracts

Making Investments; Return of Capital. (a) Each Investment hereunder shall be made on any Business Day upon Seller’s prior written request from the Seller to the Administrative Agent and each Purchaser in the form of an Investment Request attached hereto as Exhibit A. Each such request for an Investment shall be made no later than (i) 1:00 p.m. (New York City time) on the date that is one (1) Business Day prior to the date such requested Investment is to be made or (ii) solely if the aggregate amount of Investments being requested on such date does not exceed $50,000,000, 10:00 a.m. (New York City time) on the date such requested Investment is to be made (it being understood that any such request made after either such time shall be deemed to have been made on the following Business Day) and in either case shall specify (i) the amount of Capital requested (which shall not be less than $100,000 and shall be an integral multiple of $100,000 in excess thereof), (ii) the allocation of such amount among the Purchasers (which shall be ratable based on the Commitments), (iii) the account to which the proceeds of such Investment shall be distributed and (iv) the date such requested Investment is to be made (which shall be a Business Day).

Making Investments; Return of Capital. (a) Each Investment hereunder shall be made on any at least one (1) Business Day upon SellerDay’s prior written request from the Seller to the Administrative Agent and each Purchaser Group Agent in the form of an Investment Request attached hereto as Exhibit A. Each such request for an Investment shall be made no later than (i) 1:00 p.m. (New York City time) on the date that is one (1) Business Day prior to the date such requested Investment is to be made or (ii) solely if the aggregate amount of Investments being requested on such date does not exceed $50,000,000, 10:00 11:00 a.m. (New York City time) on the date such requested Investment is to be made a Business Day (it being understood that any such request made after either such time shall be deemed to have been made on the following Business Day) and in either case shall specify (i) the amount of Capital the Investment(s) requested (which shall (x) not be less than $100,000 1,000,000 and shall be an integral multiple of $100,000 and (y) not cause the aggregate Outstanding Balance of all Sold Receivables (after giving effect to the addition of Pool Receivables to the Sold Receivables in excess thereofconnection with such Investment) to (A) exceed the Aggregate Capital or (B) be less than the Aggregate Capital by $1,000,000 or more), (ii) the allocation of such amount among the Purchasers Groups (which shall be ratable based on the Group Commitments), (iii) the account to which the proceeds of such Investment shall be distributed and distributed, (iv) the date such requested Investment is to be made (which shall be a Business Day)) and (v) all Pool Receivables that are or, effective upon the making of such Investment, will be, Sold Receivables.

Making Investments; Return of Capital. (a) Each Investment hereunder shall be made on any at least two (2) Business Day upon Seller’s Days’ prior written request from the Seller to the Administrative Agent and each Purchaser Group Agent in the form of an Investment Request attached hereto as Exhibit A. Each such request for an Investment shall Request must be made received by no later than (i) 1:00 p.m. (New York City time) on the date that is one (1) Business Day prior to the date such requested Investment is to be made or (ii) solely if the aggregate amount of Investments being requested on such date does not exceed $50,000,000, 10:00 a.m. (New York City time) on the date such requested Investment is to be made (it being understood that any such request made after either such time shall be deemed to have been made on the following Business Day) and in either case shall specify (i) the amount of Capital requested (which amount shall (x) not be less than $100,000 1,000,000 and shall be an integral multiple of $100,000 100,000) and (y) not cause the aggregate Outstanding Balance of all Sold Receivables (after giving effect to the addition of Pool Receivables to the Sold Receivables in excess thereof)connection with such Investment) to exceed the Aggregate Capital, (ii) the allocation of such amount among the Purchasers Groups (which shall be ratable based on the Group Commitments), (iii) the account to which the proceeds Capital of such Investment shall be distributed and distributed, (iv) the date such requested Investment is to be made (which shall be a Business Day)) and (v) all Pool Receivables that are or, effective upon the making of such Investment, will be, Sold Receivables.

Making Investments; Return of Capital. (a) Each Investment hereunder shall be made on any Business Day upon Seller’s the prior written request from the Seller to the Administrative Agent and each Purchaser Group Agent in the form of an Investment Request attached hereto as Exhibit A. Each such request for an Investment shall be made no later than (i) 1:00 12:00 p.m. (New York City time) on the date that is one (1) of the proposed Investment, which date shall be a Business Day prior to the date such requested Investment is to be made or (ii) solely if the aggregate amount of Investments being requested on such date does not exceed $50,000,000, 10:00 a.m. (New York City time) on the date such requested Investment is to be made (it being understood that any such request made after either such time shall be deemed to have been made on the following Business Day) and in either case shall specify (i) the amount of Capital requested (which amount shall (x) not be less than $100,000 and shall be an integral multiple of $100,000) and (y) not cause the aggregate Outstanding Balance of all Sold Receivables (after giving effect to the addition of Pool Receivables to the Sold Receivables in connection with such 748740795 18564151 Investment) to (A) exceed the Aggregate Capital or (B) be less than the Aggregate Capital by $100,000 in excess thereof)or more, (ii) the allocation of such amount among the Purchasers Groups (which shall be ratable based on the Group Commitments), (iii) the account to which the proceeds Capital of such Investment shall be distributed and distributed, (iv) the date such requested Investment is to be made (which shall be a Business Day)) and (v) all Pool Receivables that are or, effective upon the making of such Investment, will be, Sold Receivables.

Making Investments; Return of Capital. (a) Each Investment hereunder shall be made on any at least two (2) Business Day upon Seller’s Days’ prior written request from the Seller to the Administrative Agent and each Purchaser in the form of an Investment Request attached hereto as Exhibit A. Each such request for an Investment shall be made no later than (i) 1:00 2:00 p.m. (New York City time) on the date that is one (1) a Business Day prior to the date such requested Investment is to be made or (ii) solely if the aggregate amount of Investments being requested on such date does not exceed $50,000,000, 10:00 a.m. (New York City time) on the date such requested Investment is to be made (it being understood that any such request made after either such time shall be deemed to have been made on the following Business Day) and in either case shall specify (i) the amount of Capital requested (which amount shall (x) not be less than $100,000 1,000,000 and shall be an integral multiple of $100,000 and (y) not cause the aggregate Unpaid Balance of all Sold Receivables (after giving effect to the addition of Pool Receivables to the Sold Receivables in excess thereofconnection with such Investment) to exceed the Aggregate Capital), (ii) the allocation of such amount among the Purchasers Groups (which shall be ratable based on the Group Commitments), (iii) the account to which the proceeds Capital of such Investment shall be distributed and (iv) the date such requested Investment is to be made (which shall be a Business Day).

Making Investments; Return of Capital. (a) Each Investment hereunder shall be made on any at least one (1) Business Day upon SellerDay’s prior written request from the Seller to the Administrative Agent and each Purchaser Group Agent in the form of an Investment Request attached hereto as Exhibit A. A-1. Each such request for an Investment shall be made no later than (i) 1:00 p.m. (New York City time) on the date that is one (1) Business Day prior to the date such requested Investment is to be made or (ii) solely if the aggregate amount of Investments being requested on such date does not exceed $50,000,000, 10:00 11:00 a.m. (New York City time) on the date such requested Investment is to be made a Business Day (it being understood that any such request made after either such time shall be deemed to have been made on the following Business Day) and in either case shall specify (i) the amount of Capital the Investment(s) requested (which shall (x) not be less than $100,000 1,000,000 and shall be an integral multiple of $100,000 and (y) not cause the aggregate Outstanding Balance of all Sold Receivables (after giving effect to the addition of Pool Receivables to the Sold Receivables in excess thereofconnection with such Investment) to (A) exceed the Aggregate Capital or (B) be less than the Aggregate Capital by $1,000,000 or more), (ii) the allocation of such amount among the Purchasers Groups (which shall be ratable based on the Group Commitments), (iii) the account to which the proceeds of such Investment shall be distributed and distributed, (iv) the date such requested Investment is to be made (which shall be a Business Day)) and (v) all Pool Receivables that are or, effective upon the making of such Investment, will be, Sold Receivables.

Making Investments; Return of Capital. (a) Each Investment hereunder shall be made on any at least two (2) Business Day upon Seller’s Days’ prior written request from the Seller to the Administrative Agent and each Purchaser Group Agent in the form of an Investment Request attached hereto as Exhibit A. Each such request for an Investment shall be made no later than (i) 1:00 p.m. (New York City time) on the date that is one (1) Business Day prior to the date such requested Investment is to be made or (ii) solely if the aggregate amount of Investments being requested on such date does not exceed $50,000,000, 10:00 11:00 a.m. (New York City time) on the date such requested Investment is to be made a Business Day (it being understood that any such request made after either such time shall be deemed to have been made on the following Business Day) and in either case shall specify (i) the amount of Capital requested (which amount shall (x) not be less than $100,000 1,000,000 and shall be an integral multiple of $100,000 100,000) and (y) not cause the aggregate Outstanding Balance of all Sold Receivables (after giving effect to the addition of Pool Receivables to the Sold Receivables in excess thereof)connection with such Investment) to (A) exceed the Aggregate Capital or (B) be less than the Aggregate Capital by $500,000 or more, (ii) the allocation of such amount among the Purchasers Groups (which shall be ratable based on the Group Commitments), (iii) the account to which the proceeds Capital of such Investment shall be distributed and (iv) the date such requested Investment is to be made (which shall be a Business Day). Pool Receivables which are Sold Receivables upon the making of such Investment will be identified along with each Daily Report.