Common use of Nonavoidability of Transfers Clause in Contracts

Nonavoidability of Transfers. The Seller shall (A) have received each Contributed Receivable as a contribution to the capital of the Seller by the Originator thereof and (B) (1) have purchased each Sold Receivable from the Originator thereof for cash consideration and (2) have accepted assignment of any Eligible Receivables transferred pursuant to clause (b) of Section 4.04 of the Transfer Agreement, in each case in an amount that constitutes fair consideration and reasonably equivalent value therefor. Each Sale of a Sold Receivable effected pursuant to the terms of the Transfer Agreement shall not have been made for or on account of an antecedent debt owed by the Originator thereof to the Seller and no such Sale is or may be avoidable or subject to avoidance under any bankruptcy laws, rules or regulations. (t)

Nonavoidability of Transfers. The Seller shall (A) have received each Contributed Receivable as a contribution to the capital of the Seller by the applicable Originator thereof and (B) (1) have purchased each Sold Receivable from the applicable Originator thereof for cash consideration and (2) have accepted assignment of any Eligible Receivables transferred pursuant to clause (b) of Section 4.04 4.05 of the Transfer Sale Agreement, in each case in an amount that constitutes fair consideration and reasonably equivalent value therefor. Each Sale of a Sold Receivable effected pursuant to the terms of the Transfer Sale Agreement shall not have been made for or on account of an antecedent debt owed by the any Originator thereof to the Seller and no such Sale is or may be avoidable or subject to avoidance under any bankruptcy laws, rules or regulations. (t).

Nonavoidability of Transfers. The Receivables Seller shall (A) have received each Contributed Receivable as a contribution to the capital of the Seller by the Originator thereof and (B) (1) have purchased each Sold Transferred Receivable from the Originator thereof for cash consideration consideration, as a capital contribution or through an increase in the amounts outstanding under the Subordinated Originator Note and (2B) have accepted assignment of any Eligible Receivables transferred pursuant to clause (b) of Section 4.04 4.4 of the Transfer this Agreement, in each case in an amount that constitutes fair consideration and reasonably equivalent value therefor. Each Sale of a Sold Transferred Receivable effected pursuant to the terms of the Transfer this Agreement shall not have been made for or on account of an antecedent debt owed by the Originator thereof Receivables Seller to the Seller Receivables Purchaser and no such Sale is or may be avoidable or subject to avoidance under any bankruptcy laws, rules or regulations. (t).

Nonavoidability of Transfers. The Seller shall (A) have received each Contributed Receivable as a contribution to the capital of the Seller by the Originator thereof and (B) (1) have purchased each Sold Receivable from the Originator thereof for cash consideration and (2) have accepted assignment of any Eligible Receivables transferred pursuant to clause (b) of Section 4.04 of the Transfer Sale Agreement, in each case in an amount that constitutes fair consideration and reasonably equivalent value therefor. Each Sale of a Sold Receivable effected pursuant to the terms of the Transfer Sale Agreement shall not have been made for or on account of an antecedent debt owed by the any Originator thereof to the Seller and no such Sale is or may be avoidable or subject to avoidance under any bankruptcy laws, rules or regulations. (t).