Purchase and Sale Commitment. (a) Subject to the terms and conditions of this Agreement, from time to time during the Term but not more frequently than twice per week upon receipt by the Purchaser of a Funding Request, the Purchaser shall purchase, and the Seller shall sell, Contracts and Related Rights aggregating at least 10.0% of the Seller’s Consumer Installment Loan Product originations (the “Minimum Volume”), subject to the Seller’s obligations under the Financing Facility Documents, by paying the applicable Purchase Price; provided, however, that such percentage may be increased by the Seller in its sole discretion to up to 15% (the “Maximum Volume”) upon not less than sixty (60) calendar days’ advance notice to the Purchaser; provided further, that such percentage, if so increased by the Seller, may thereafter also be decreased by the Seller in its sole discretion upon not less than sixty (60) calendar days’ advance notice to the Purchaser so long as the percentage (as so decreased) is not less than the Minimum Volume; and provided further, that during the Term the initial Combined Outstanding Receivables Balance relating to the Contracts purchased by the Purchaser during each calendar month shall not exceed the amount specified for each such calendar month set forth on Schedule V hereto.
(b) Reserved.
(c) The Purchaser’s obligations under this Section 2.2 shall terminate upon the occurrence of any of the following events, unless waived by the Purchaser, in each case subject to any cure period specified in the related agreements (each such event a “Commitment Termination Event”):
(i) The occurrence of a Financing Document Default.
(ii) As of the last day of any period consisting of six (6) consecutive calendar months, the aggregate outstanding balance of Receivables purchased by the Purchaser during such period that are thirty (30) or more days delinquent is greater than 4.0% of the aggregate outstanding balance of the Receivables purchased by the Purchaser in the immediately preceding six (6) months;
(iii) Any failure by the Seller to repurchase Receivables as required under Section 2.4 of this Agreement.
(iv) A Servicer Default or Servicer Event of Default, as defined in the Servicing Agreement.
(v) Any other Seller Event of Default.
(vi) A Performance Guaranty Default.
(vii) A Concentration Limit, as applied to the Receivables purchased by the Purchaser hereunder, the ECO Receivables and the EFCH Receivables, taken together, is exceeded for three consecutive weeks.
(viii) Th...
Purchase and Sale Commitment. (a) Customer shall purchase and Supplier shall sell the Requirement Volume of Product set forth below during the initial Contract Year (as hereinafter defined) of this Agreement: The Requirement Volume for each subsequent Contract Year shall be set forth in a notice from Customer to Supplier delivered on or before the first day of June preceding a Contract Year and, for each Product, shall be not less than sixty-five percent (65%) nor more than one-hundred percent (100%) of the Sales Target Volume for such Product for such Contract Year.
(b) Customer also intends, but shall not be obligated, to purchase and Supplier also intends, but shall not be obligated, to sell for each Product an additional volume (the "Additional Volume") equal to the Sales Target Volume less the Requirement Volume. The Sales Target Volume for the initial Contract Year is set forth in Section 1(a) of this Agreement. The Sales Target Volume for each Product for each subsequent Contract Year shall be set by mutual agreement of the parties on or before the first day of May preceding a Contract Year and, in the absence of such mutual agreement on or before the first day of May, shall be set by Supplier for each Product in a notice to Customer and shall be not more than one hundred percent (100%) nor less than ninety-five percent (95%) of the Sales Target Volume for such Product set at the beginning of the preceding Contract Year (i.e., unadjusted by any change pursuant to Section 1(c), Section 1(d), Section 1(f), Section 1(g) or Section 15(c) of this Agreement).
(c) In the event Customer receives a bona fide offer from a third party during any Contract Year, which offer (i) provides for the sale of Product to Customer, (ii) Customer desires to accept and (iii) may impact Customer's ability or willingness to purchase the Sales Target Volume, Customer shall notify Supplier (the "Third Party Purchase Notice") of the volume of Product it intends to purchase, the terms and conditions of such purchase and the date and time by which Supplier must respond to such Third Party Purchase Notice. Supplier shall have until the time and date set forth in such Third Party Purchase Notice to agree to sell the specified volume of Product to Customer on the terms and conditions set forth in the Third Party Purchase Notice. If Supplier fails to respond to the Third Party Purchase Notice within the time specified, or if Supplier declines to sell the specified volume of Product to Customer, Customer may purch...
Purchase and Sale Commitment. The Customer agrees to purchase from DigitalGlobe, and DigitalGlobe agrees to sell to the Customer for delivery to the End-User, equipment, software and other components meeting the requirements described in Appendix A (the “DAF System Requirements”), and with the deliverables specified in Appendix B (the “Statement of Work”) on the terms and subject to the conditions contained in this DAF Purchase Agreement and in any applicable export license provided for in Section 1.3(e). For any item of equipment listed in Appendix B, DigitalGlobe may elect to substitute another item or items, subject to prior written notice being given to the Customer, so long as the substitution does not adversely affect the performance of the DAF, or increase the purchase price set forth in Article 7.
Purchase and Sale Commitment. Subject to the terms and conditions herein, Taronis will sell to Purchaser, and Purchaser will purchase from Taronis, a minimum of fifteen (15) units and up to a total of thirty (30) Units as follows:
Purchase and Sale Commitment. (a) Except as otherwise provided in this Xxxxxxxxx 0, XXXX shall cause its wholly-owned subsidiary EDL Holding Company (“Holding”) to sell to the Investor, and the Investor shall purchase from Holding, FF 1,000,000,000 in value of the Shares, such value to be at the preferential subscription price of the Shares, as set forth in the Prospectus approved by the Commission des Opérations de Bourse (the “Issue Price”). The price the Investor shall pay for each Share shall equal the Issue Price.
(b) The number of Shares that Holding shall sell to the Investor, and that the Investor shall purchase pursuant to this letter agreement (“Sold Holding Shares”), shall not exceed, when added to the number of Shares that the Investor and USCB subscribe for or purchase pursuant to agreements with Underwriters (such agreements being the “Lender Agreements”; Underwriters are defined in the Memorandum of Agreement of March 14, 1994 between TWDC, Euro Disney SCA, Euro Disneyland SNC, and the Hotel SNC’s and Lenders defined therein) or otherwise own or acquire at such time, the number of Shares having an aggregate value of FF 1,885,000,000 at the Issue Price (such number being the “Maximum Shares”).
(c) If no Shares are purchase from Holding because of the limitations in Paragraph 1(b) hereof, then the aggregate number of Shares that the Investor and USCB subscribe for or purchase pursuant to the Lender Agreements, together with any other Shares owned or acquired by the Investor and USCB at such time, shall not exceed the number of Shares having an aggregate value of FF 2,390,000,000 at the Issue Price.
(d) (i) If the total number of Shares purchased or subscribed to by the Investor and USCB pursuant to the Lender Agreements, plus the total number of Shares otherwise owned or acquired by the Investor and USCB at the time of such purchase or subscription, plus the Sold Holding Shares (if any) in the aggregate has a value at the Issue Price exceeding (A) the value at the Issue Price of the Maximum Shares, less (B) the product of (x) the value of Sold Holding Shares at the Issue Price times (y) .5, then the Investor and USCB shall sell or otherwise dispose of the number of Shares representing (at the Issue Price) such excess value (the “Excess Investor’s Shares”) within a period of one year following the Closing hereunder (or, if no Closing shall occur hereunder because of the provisions of Paragraph 1(b), within one year following the earlier of (A) the last closing of a purchase...
Purchase and Sale Commitment. Subject to the terms and conditions stated herein, Buyer shall take or pay for [confidential] Air Dried Metric Tons (each such Ton, an "ADMT") of Pulp per month ("Basic Tonnage") at the price specified in Section 4 of this Agreement ("Base Price") and as adjusted in accordance with Section 5. Buyer shall also purchase additional Pulp under the terms and conditions in Exhibit A, which is incorporated herein by this reference ("Additional Tonnage"), and Option Tonnage on the terms set forth therein.
Purchase and Sale Commitment. 5 2.2 Price Notice and Purchase Price...................................................... 5 2.3 Closing..............................................................................
Purchase and Sale Commitment. Subject to the terms and conditions set forth below and in applicable law, Thomson-CSF ("Thomson") agrees to purchase, and Worldcomm Systems Inc. ("WSI") agrees to issue and sell to Thomson, 70,000 shares of common stock, par value $0.01 per share, of WSI ("Shares") for a total purchase price of $933,100 ($13.33 per share) to be paid by wire transfer or check at a closing (the "Closing") to occur at WSI's offices at the address set forth above no later than November 20th, 1995.
Purchase and Sale Commitment. During the Contract Period, Distributor shall purchase from Xxxxxxxx and Xxxxxxxx shall sell to Distributor, upon the terms and conditions set forth in this Contract, such quantities of Xxxxxxxx'x gasoline and distillates (individually, a "Product" and collectively, the "Products") as Distributor shall request, subject to the minimum and maximum quantities stated below.
Purchase and Sale Commitment. Subject to the terms and conditions set forth in Sections 5 and 6, the Company agrees to sell to Allianz and Allianz agrees to purchase from the Company (or LifeUSA as the Company may designate) shares of Common Stock having an aggregate purchase price of $100,000,000 with respect to the five calendar years beginning with 1998 (the "Purchase Period") at the rate of $20,000,000 with respect to each calendar year, subject to reduction as provided in Section 2.4 below and extension as provided in Section 2.3 below.
