Common use of Principal Balance Increases Clause in Contracts

Principal Balance Increases. (a) The Series 2007-A Noteholders agree, by acceptance of their Series 2007-A Notes, that the Transferor may, from time to time, prior to the earlier of the commencement of the Scheduled Amortization Period and the commencement of the Early Amortization Period, and so long as a Partial Amortization Period is not outstanding, and subject to the terms, conditions and restrictions set forth in this Section 4.09(a) and in the Note Purchase Agreement, request a Principal Balance Increase. Each such Principal Balance Increase shall, however, be subject to the satisfaction of the Increase Conditions and shall be permitted only (i) during the Revolving Period and (ii) upon the written request made by the Transferor to each Agent to increase the Note Principal Balance and the Invested Amount to an amount not to exceed the Maximum Principal Balance. Any such Principal Balance Increase shall be in a minimum amount of $2,000,000 and integral multiples of $500,000 in excess thereof. To request any such increase, the Transferor shall be required to give to each of the Indenture Trustee, the Servicer and each Agent, by 12:00 p.m., Chicago time, on the first Business Day prior to the date of the requested Principal Balance Increase, a Principal Balance Increase Request, specifying (i) the Increase Amount, (ii) the Increase Date, and (iii) the payment instructions for remittance of the proceeds of such requested Principal Balance Increase. (b) Each such Principal Balance Increase will be allocated to the Class A Note Principal Balance and the Class B Note Principal Balance on a pro rata basis determined by reference to the Class A Note Maximum Principal Balance and the Class B Note Maximum Principal Balance; provided, however, that if the Increase Condition set forth in clause (f)(ii) of the definition of Increase Condition is not satisfied, the Transferor may, with the prior written consent of each Class B Noteholder, direct the Indenture Trustee in writing, with a copy to each Agent, to allocate to the Class B Note Principal Balance a larger share of the Principal Balance Increase to the extent necessary to satisfy the Increase Condition set forth in clause (f)(i) of the definition of Increase Condition. (c) On the Increase Date for such Principal Balance Increase, after satisfaction of all conditions to such Principal Balance Increase, each Purchaser shall initiate the remittance of such Increase Amount allocated to it in accordance with Section 4.09(b), to the extent it has otherwise agreed or committed to fund such Principal Balance Increase, no later than 4:00 p.m., Chicago City time, in same day funds in accordance with the payment instructions specified in the Principal Balance Increase Request, and upon such remittance the outstanding Class A Note Principal Balance and the Class B Note Principal Balance, as the case may be, shall be increased by the amount of such remittance. Concurrently with the making of such Principal Balance Increase, the Transferor and the Requisite Agent shall deliver to the Indenture Trustee a Principal Balance Increase Confirmation, specifying the Increase Amount and the Indenture Trustee shall promptly annotate the Note Register accordingly.

Appears in 2 contracts

Samples: Indenture Supplement (Nordstrom Inc), Indenture Supplement (Nordstrom Inc)

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Principal Balance Increases. (a) The Series 20072004-A 1 Noteholders agree, by acceptance of their Series 20072004-A 1 Notes, that the Transferor may, from time to time, prior to the earlier of the commencement of the Scheduled Amortization Period and the commencement of the Early Amortization Period, Period and so long as a Partial Amortization Period is not outstanding, and subject to the terms, conditions and restrictions set forth in this Section 4.09(a4.10(a) and in the Class A Note Purchase Agreement, request the Issuer to increase the Class A Note Principal Balance in specified amounts (any such increase being referred to herein as a "Principal Balance Increase"). Each such and every Principal Balance Increase shall, however, be subject to the satisfaction of the Increase Conditions Conditions, and shall be permitted only (i) during the Revolving Period and (ii) upon the written request made by the Transferor to each Agent to increase the Class A Note Principal Balance and the Invested Amount to an amount not to exceed the Maximum Principal BalanceInvested Amount. Any such Principal Balance Increase shall be in a minimum amount sufficient for the pro rata share of any such increase for each Purchaser to be at least $2,000,000 and integral multiples of $500,000 in excess thereof1,000,000. To request any such increase, the Transferor shall be required to give to each of the Indenture Trustee, the Servicer and each Agent, by 12:00 p.m., Chicago 1:00 p.m. (New York City time, ) on the first second Business Day prior to the date of the requested Principal Balance Increase, an irrevocable notice substantially in the form attached hereto as Exhibit D (each, a "Principal Balance Increase Request"), specifying (i) the amount of such increase (the "Increase Amount"), (ii) the date on which such Principal Balance Increase is to occur, which date shall be a Business Day during the Revolving Period (an "Increase Date, ") and (iii) the payment instructions for remittance of the proceeds of such requested Principal Balance Increase. (b) Each such Principal Balance Increase will be allocated to the Class A Note Principal Balance and the Class B Note Principal Balance on a pro rata basis determined by reference to the Class A Note Maximum Principal Balance and the Class B Note Maximum Principal Balance; provided, however, that if the Increase Condition set forth in clause (f)(ii) of the definition of Increase Condition is not satisfied, the Transferor may, with the prior written consent of each Class B Noteholder, direct the Indenture Trustee in writing, with a copy to each Agent, to allocate to the Class B Note Principal Balance a larger share of the Principal Balance Increase to the extent necessary to satisfy the Increase Condition set forth in clause (f)(i) of the definition of Increase Condition. (c) On the Increase Date for such Principal Balance Increase, after satisfaction of all conditions to such Principal Balance Increase, each Purchaser shall initiate the remittance of such Increase Amount allocated to it in accordance with Section 4.09(b), the Note Purchase Agreement to the extent it has otherwise agreed or committed to fund such Principal Balance Increase, no later than 4:00 p.m., Chicago 12:00 (noon) (New York City time, ) in same day funds in accordance with the payment instructions specified in the Principal Balance Increase Request, and upon such remittance the outstanding Class A Note Principal Balance and the Class B Note Principal Balance, as the case may be, shall be increased by the amount of such remittance. Concurrently with the making of such Principal Balance Increase, the Transferor and the Requisite Agent shall deliver to the Indenture Trustee an increase confirmation, in substantially the form of Exhibit E (a "Principal Balance Increase Confirmation"), specifying the Increase Amount Amount, and the Indenture Trustee shall promptly annotate the Note Register accordingly.

Appears in 1 contract

Samples: Master Indenture (Bon Ton Stores Inc)

Principal Balance Increases. (a) The For the purposes of Section 4.6 of the Series 20070000-A Noteholders agree0 Xxxxxxxxx Supplement, by acceptance and in addition to the conditions contained therein, the obligation of their the Note Purchasers to fund any Series 20072012-A Notes, that 1 Increase Amount (which amount shall be allocated equally between the Transferor may, from time Note Purchasers) shall be subject to time, satisfaction or waiver of the following conditions: (i) any such request for a Series 2012-1 Increase Amount shall be substantially in the form of Schedule “B” and must be made prior to the earlier of the commencement of the Scheduled Amortization Period and the commencement of the Early Amortization Period, and so long as a Partial Amortization Period is not outstanding, and subject to the terms, conditions and restrictions set forth in this Section 4.09(a) and in the Note Purchase Agreement, request a Principal Balance Increase. Each such Principal Balance Increase shall, however, be subject to the satisfaction of the Increase Conditions and shall be permitted only (i) during the Revolving Period and Commitment Termination Date; (ii) upon after giving effect to the written request made by increase, each portion of the Transferor Series 2012-1 Principal Balance allocated to each Agent to increase the Note Principal Balance and the Invested Amount to an amount Purchaser will not to exceed 50% of the Maximum Principal Balance. Any such Principal Balance Increase shall be in a minimum amount of $2,000,000 and integral multiples of $500,000 in excess thereof. To request Note Purchaser Funding Amount; (iii) any such increase, the Transferor shall request for a Series 2012-1 Increase Amount must be required to give to each of the Indenture Trustee, the Servicer and each Agent, by 12:00 p.m., Chicago made not later than 3:00 p.m. (Toronto time, ) on the first second Business Day prior to the date Increase Date; (iv) no more than four requests for a Series 2012-1 Increase Amount have been made in any calendar month; and (v) each of the requested Principal Balance representations and warranties of Funding LP, Rental LP, DTAG Canada and the Parent under all Transaction Documents shall be true and correct in all material respects as if made on the Increase Date, unless such representation and warranty is made specifically as of another date; The failure of one Note Purchaser to fund its portion of a Series 2012-1 Increase Amount will not release the other Note Purchaser of its obligation to fund its portion. No Note Purchaser shall be liable for any failure by the other Note Purchaser to perform its obligations under this Agreement. The obligations of the Note Purchasers under this Agreement are several and not joint or joint and several. No increase in the Maximum Note Purchaser Funding Amount shall be made without satisfaction of the Rating Agency Condition. (b) For the purposes of Section 4.6 of the Series 0000-0 Xxxxxxxxx Supplement, and in addition to the conditions contained therein and in clause (a) above, the obligation of the Note Purchasers to fund any Series 2012-1 Increase Amount for the purpose of paying VAT obligations (a “VAT Increase, a Principal Balance Increase Request, specifying ”) shall be subject to satisfaction or waiver of the following additional conditions: (i) the VAT Increase Amount, shall not be greater than the Series 2012-1 Allocation Percentage of the VAT obligations such Series 2012-1 Increase Amount is intended to fund; (ii) the Increase Date, Date in respect of a VAT Increase shall be a Remittance Date between May 1 and August 31 in each calendar year; (iii) the payment instructions for remittance Note Purchasers shall have received (A) Canada Revenue Agency forms 59 (Business Consent) and 469 (Direct Deposit) executed by Rental LP and in form satisfactory to the Note Purchasers, acting reasonably, and (B) evidence of confirmation of receipt by Canada Revenue Agency of such form 59 (Business Consent) and confirmation that such form 59 (Business Consent) continues to be on file on the date of the proceeds of such requested Principal Balance VAT Increase.; and (biv) Each such Principal Balance Increase will be allocated to the Class A Note Principal Balance and the Class B Note Principal Balance on a pro rata basis determined by reference to the Class A Note Maximum Principal Balance and the Class B Note Maximum Principal Balance; provided, however, that if the Increase Condition set forth in clause (f)(ii) of the definition of Increase Condition is not satisfied, the Transferor may, with the prior written consent of each Class B Noteholder, direct the Indenture Trustee in writing, with a copy to each Agent, to allocate to the Class B Note Principal Balance a larger share of the Principal Balance Increase to the extent necessary to satisfy the Increase Condition set forth in clause (f)(i) of the definition of Increase Condition. (c) On the Increase Date for such Principal Balance Increase, after satisfaction of all conditions to such Principal Balance Increase, each Purchaser shall initiate the remittance of such Increase Amount allocated to it in accordance with Section 4.09(b), to the extent it has otherwise agreed or committed to fund such Principal Balance Increase, no later than 4:00 p.m., Chicago City time, in same day funds in accordance with the payment instructions specified in the Principal Balance Increase Request, and upon such remittance the outstanding Class A Note Principal Balance and the Class B Note Principal Balance, as the case may be, shall be increased by the amount of such remittance. Concurrently with the making VAT Increase plus the amount of such Principal Balance Increaseall prior VAT Increases advanced in the prior one year period shall not exceed $15,000,000 (which amount is included in, and is not in addition to, the Transferor and the Requisite Agent shall deliver to the Indenture Trustee a Principal Balance Increase Confirmation, specifying the Increase Amount and the Indenture Trustee shall promptly annotate the Maximum Note Register accordinglyPurchaser Funding Amount).

Appears in 1 contract

Samples: Note Purchase Agreement (Dollar Thrifty Automotive Group Inc)

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Principal Balance Increases. (a) The Series 20072001-A 2 Noteholders agree, by acceptance of their Series 20072001-A 2 Notes, that the Transferor may, from time to time, prior to the earlier of the commencement of the Scheduled Amortization Period and the commencement of the Early Amortization Period, Period and so long as a Partial Amortization Period is not outstanding, and subject to the terms, conditions and restrictions set forth in this Section 4.09(a4.10(a) and in the Class A Note Purchase Agreement, request the Issuer to increase the Note Principal Balance in specified amounts (any such increase being referred to herein as a "Principal Balance Increase"). Each such and every Principal Balance Increase shall, however, be subject to the satisfaction of the Increase Conditions Conditions, and shall be permitted only (i) during the Revolving Period and (ii) upon the written request made by the Transferor to each Agent to increase the Note Principal Balance and the Invested Amount to an amount not to exceed the Maximum Principal BalanceInvested Amount. Any such Principal Balance Increase shall be in a minimum amount of $2,000,000 and or an integral multiples multiple of $500,000 in excess thereof. To request any such increase, the Transferor shall be required to give to each of the Indenture Trustee, the Servicer and each Agent, by 12:00 p.m., Chicago 1:00 p.m. (New York City time, ) on the first third Business Day prior to the date of the requested Principal Balance Increase, an irrevocable notice substantially in the form attached hereto as Exhibit D (each, a "Principal Balance Increase Request"), specifying (i) the amount of such increase (the "Increase Amount"), (ii) the date on which such Principal Balance Increase is to occur, which date shall be a Business Day during the Revolving Period (an "Increase Date, ") and (iii) the payment instructions for remittance of the proceeds of such requested Principal Balance Increase. (b) Each such Principal Balance Increase will be allocated to the Class A Note Principal Balance and the Class B Note Principal Balance on a pro rata basis determined by reference to the Class A Note Maximum Principal Balance and the Class B Note Maximum Principal Balance; provided, however, that if the Increase Condition set forth in clause (f)(ii) of the definition of Increase Condition thereof is not satisfied, the Transferor may, with the prior written consent of each Class B Noteholder, direct the Indenture Trustee in writing, with a copy to each Agentof the Agents, to allocate to the Class B Note Principal Balance a larger share of the Principal Balance Increase to the extent necessary to satisfy the Increase Condition set forth in clause (f)(i) of the definition of Increase Conditionthereof. (c) On the Increase Date for such Principal Balance Increase, after satisfaction of all conditions to such Principal Balance Increase, each Purchaser shall initiate the remittance of such Increase Amount allocated to it in accordance with Section 4.09(b4.10(b), to the extent it has otherwise agreed or committed to fund such Principal Balance Increase, no later than 4:00 p.m., Chicago 3:00 p.m. (New York City time, ) in same day funds in accordance with the payment instructions specified in the Principal Balance Increase Request, and upon such remittance the outstanding Class A Note Principal Balance and the Class B Note Principal Balance, as the case may be, shall be increased by the amount of such remittance. Concurrently with the making of such Principal Balance Increase, the Transferor and the Requisite Agent shall deliver to the Indenture Trustee an increase confirmation, in substantially the form of Exhibit E (a "Principal Balance Increase Confirmation"), specifying the Increase Amount Amount, and the Indenture Trustee shall promptly annotate the Note Register accordingly.

Appears in 1 contract

Samples: Indenture Supplement (Nordstrom Credit Inc)

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