Permitted Payment. amend the definition of Permitted Payment to include the following additional limbs in addition to the existing “Permitted Payments”: (a) Receivables Fees; (b) any purchase of receivables pursuant to any obligation of a seller of receivables in an asset securitisation programme or receivables factoring transaction to repurchase receivables arising as a result of a breach of a representation, warranty or covenant or otherwise, including as a result of a receivable or portion thereof becoming subject to any asserted defense, dispute, offset or counterclaim of any kind as a result of any action taken by, any failure to take action by or any other event relating to the seller in connection with an asset securitisation programme or receivables factoring transaction; (c) any payment for financial advisory, financing, underwriting or placement services or in respect of other investment banking activities, including without limitation in connection with loans, capital market transactions, hedging and other derivative transactions, acquisitions or divestitures, which payments are approved by a majority of the members of the Board of Directors of the Company or a Permitted Affiliate Parent; (d) any payment made in connection with any start-up financing or seed funding provided that any such payments shall not exceed an aggregate value equal to the greater of (i) €10,000,000 and (ii) 1.00% of Total Assets.
Appears in 7 contracts
Samples: Telenet Additional Facility Ai2 Accession Agreement (Liberty Global PLC), Telenet Additional Facility Ah Accession Agreement (Liberty Global PLC), Telenet Additional Facility Ai Accession Agreement (Liberty Global PLC)
Permitted Payment. amend the definition of Permitted Payment to include the following additional limbs in addition to the existing “Permitted Payments”:
(a) Receivables Fees;
(b) any purchase of receivables pursuant to any obligation of a seller of receivables in an asset securitisation programme or receivables factoring transaction to repurchase receivables arising as a result of a breach of a representation, warranty or covenant or otherwise, including as a result of a receivable or portion thereof becoming subject to any asserted defense, dispute, offset or counterclaim of any kind as a result of any action taken by, any failure to take action by or any other event relating to the seller in connection with an asset securitisation programme or receivables factoring transaction;; and
(c) any payment for financial advisory, financing, underwriting or placement services or in respect of other investment banking activities, including without limitation in connection with loans, capital market transactions, hedging and other derivative transactions, acquisitions or divestitures, which payments are approved by a majority of the members of the Board board of Directors directors of the Company UPC Broadband or a Permitted Affiliate Parent;
(d) any payment made in connection with any start-up financing or seed funding provided that any such payments shall not exceed an aggregate value equal to the greater of (i) €10,000,000 and (ii) 1.00% of Total Assets.
Appears in 2 contracts
Samples: Additional Facility Agreement (Liberty Global PLC), Additional Facility Accession Agreement (Liberty Global PLC)