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

Making Investments; Return of Capital. (a) . (a) Each Investment hereunder shall be made on at least three (3) Business Days’ prior written request from the Seller to the Administrative Agent and each Group Agent in the form of an Investment Request attached hereto as Exhibit A; provided, however, that with respect to any Investment occurring on or within three (3) Business Days of the Closing Date, such request may be delivered to the Administrative Agent and each Group Agent on the Closing Date. Each such request for an Investment shall be made no later than 1:00 p.m. (New York City time) on a Business Day (it being understood that any such request made after such time shall be deemed to have been made on the following Business Day) and shall specify (i) the amount of Capital requested which amount shall (x) not be less than $100,000 and shall be an integral multiple thereof 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 Investment) to exceed the Aggregate Capital, (ii) the allocation of such amount among the Groups (which shall be ratable based on the Group Commitments), (iii) the account to which the Capital of such Investment shall be 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) . (a) Each The Seller may request an Investment hereunder shall be made on at least three (3) Business Days’ prior written request from the Seller by delivering to the Administrative Agent and each Group Agent an Investment Request in the form of an Investment Request attached hereto as Exhibit A; provided, however, that with respect to any A. Each such Investment occurring on or within three (3) Business Days of the Closing Date, such request may Request shall be delivered to the Administrative Agent and each Group Agent on the Closing Date. Each such request for an Investment shall be made a Business Day by no later than (i) if the amount of Capital requested does not exceed $50,000,000, 12:00 p.m. on the day the related requested Investment is to be made and (ii) otherwise, 1:00 p.m. (New York City time) on a at least one (1) Business Day (prior to the day the related requested Investment is to be made, it being understood in each case that any such request made after such time specified in clauses (i) and (ii) shall be deemed to have been made on the following Business Day) and . Each Investment Request shall specify (i) the amount of Capital requested (which amount shall (x) not be less than $100,000 and shall be an integral multiple thereof 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 Investment, not cause (1) a Capital Coverage Deficit to exceed exist or (2) the Aggregate CapitalCapital to be less than an amount that is equal to the lesser of (A) sixty-six and sixty-seven hundredths percent (66.67%) of the Facility Limit at such time and (B) the Capital Coverage Amount at such time, (ii) the allocation of such amount among the Groups (which shall be ratable based on the Group Commitments), (iii) the account to which the Capital of such Investment shall be 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) . (a) Each Investment hereunder shall be made on at least three (3) a Business Days’ prior Day upon the written request from the Seller to the Administrative Agent and each Group Agent Purchaser in the form of an Investment Request attached hereto as Exhibit A; provided, howeverprovided that, that with respect to at any Investment occurring on time when PNC (or within three (3an Affiliate thereof) Business Days of the Closing Date, such request may be delivered to is both the Administrative Agent and the sole Purchaser hereunder, if the applicable Seller enters into a separate written agreement with the Administrative Agent regarding Administrative Agent’s PINACLE® auto-advance service (or any similar or replacement electronic loan administration servicer implemented by the Administrative Agent), then any request for an Investment made using such service shall constitute an Investment Request, and each Group Agent Investment made pursuant to such service shall be made on the Closing Datedate such Investment Request is received by the Administrative Agent. Each such request for an Investment shall be made no later than 1:00 p.m. (New York City time) on a Business Day the proposed date of such Investment (it being understood that any such request made after such time shall be deemed to have been made on the following Business Day) and shall specify (i) the amount of Capital requested requested, which amount shall (x) not be less than $100,000 and shall be an integral multiple of $50,000 in excess thereof 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 Investment) to exceed the Aggregate Capital, (ii) the allocation of such amount among the Groups Purchasers (which shall be ratable based on the Group Commitments), (iii) the account to which the Capital of such Investment shall be 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) . (a) Each The Seller may request an Investment hereunder shall be made on at least three (3) Business Days’ prior written request from the Seller by delivering to the Administrative Agent and each Group Agent an Investment Request in the form of an Investment Request attached hereto as Exhibit A; provided, however, that with respect to any A. Each such Investment occurring on or within three (3) Business Days of the Closing Date, such request may Request shall be delivered to the Administrative Agent and each Group Agent on the Closing Date. Each such request for an Investment shall be made a Business Day by no later than 1:00 p.m. (New York City time) on a at least two (2) Business Day (Days prior to the day the related requested Investment is to be made, it being understood in each case that any such request made after such time specified in clauses (i) and (ii) shall be deemed to have been made on the following Business Day) and . Each Investment Request shall specify (i) the amount of Capital requested (which amount shall (x) not be less than $100,000 and shall be an integral multiple thereof 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 Investment, not cause (1) a Capital Coverage Deficit to exceed exist or (2) the Aggregate CapitalCapital to be less than an amount that is equal to the lesser of (A) sixty-six and sixty-seven hundredths percent (66.67%) of the Facility Limit at such time and (B) the Capital Coverage Amount at such time, (ii) the allocation of such amount among the Groups (which shall be ratable based on the Group Commitments), (iii) the account to which the Capital of such Investment shall be 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) . (a) Each The Seller may request an Investment hereunder shall be made on at least three (3) Business Days’ prior written request from the Seller by delivering to the Administrative Agent and each Group Agent an Investment Request in the form of an Investment Request attached hereto as Exhibit A; provided, however, that with respect to any A. Each such Investment occurring on or within three (3) Business Days of the Closing Date, such request may Request shall be delivered to the Administrative Agent and each Group Agent on the Closing Date. Each such request for an Investment shall be made a Business Day by no later than (i) if the amount of Capital requested does not exceed $50,000,000, 12:00 p.m. on the day the related requested Investment is to be made and (ii) otherwise, 1:00 p.m. (New York City time) on a at least one (1) Business Day (prior to the day the related requested Investment is to be made, it being understood in each case that any such request made after such time specified in clauses (i) and (ii) shall be deemed to have been made on the following Business Day) and . Each Investment Request shall specify (i) the amount of Capital requested (which amount shall (x) not be less than $100,000 and shall be an integral multiple thereof 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 or Pledged Receivables, as applicable, in connection with such Investment, not cause (1) a Capital Coverage Deficit to exceed exist or (2) the Aggregate CapitalCapital to be less than an amount that is equal to the lesser of (A) sixty-six and sixty-seven hundredths percent (66.67%) of the Facility Limit at such time and (B) the Capital Coverage Amount at such time, (ii) the allocation of such amount among the Groups (which shall be ratable based on the Group Commitments), (iii) the account to which the Capital of such Investment shall be 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, and (vi) all Pool Receivables that are or, effective upon the making of such Investment, will be, Pledged Receivables.