Common use of Purchase Limits Clause in Contracts

Purchase Limits. Subject to the terms and conditions hereof, the Seller may at its option sell to the Buyers, and the Buyers agree to purchase from the Seller (such agreement being referred to herein as the "Purchase Obligation"), at any time and from time to time on and after the date hereof and to but excluding the Expiration Date, undivided percentage ownership interests in the Receivables Pool by the Seller selling and such Buyer purchasing the Participation Interest in such Receivables Pool. Subject to the terms and conditions hereof, such Buyer shall also (i) make Reinvestments by permitting the Servicer to cause Collections allocated to such Buyer to be applied to the purchase of additional undivided percentage ownership interests in the Receivables Pool, and (ii) increase its Net Investment in its Participation Interest on any Settlement Date at the request of the Seller (without regard to a minimum amount). No Buyer shall purchase a Participation Interest on the Closing Date, or permit a Reinvestment to be made on any day, or increase its Net Investment on any Settlement Date, to the extent that the amount of such purchase, Reinvestment or increase shall cause (i) the Aggregate Net Investment (after giving effect to such purchase, Reinvestment or increase) to exceed the Aggregate Maximum Net Investment then in effect, (ii) the Net Investment of a Buyer (after giving effect to such purchase, Reinvestment or increase) to exceed the Maximum Net Investment of such Buyer then in effect or (iii) the Aggregate Buyers' Allocation (after giving effect to such purchase, Reinvestment or increase) to exceed 100%. No Buyer shall be obligated to increase its Maximum Net Investment. No Buyer shall purchase a Participation Interest if the Buyer can neither issue its commercial paper notes or short-term promissory notes nor otherwise borrow in order to fund the Purchase Price of such Participation Interest, or to make any such purchase or any Reinvestment or increase its Net Investment on any Settlement Date at or after the earlier to occur of (i) the Expiration Date, and (ii) the reduction of the Maximum Net Investment to zero pursuant to Section 2.03 hereof. For the avoidance of doubt, each increase in a Buyer's Net Investment under this Agreement shall be deemed to be a purchase by such Buyer under this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Volt Information Sciences, Inc.)

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Purchase Limits. Subject to the terms and conditions hereof, the --------------- Seller may at its option sell to the BuyersBuyer, and the Buyers agree Buyer agrees to purchase from the Seller (such agreement being referred to herein as the "Purchase Obligation"), at any time and from time to time on and after the date hereof and to but excluding the Expiration Date, undivided percentage ownership interests in the Receivables Pool by the Seller selling and such Buyer purchasing the Participation Interest in such Receivables Pool. Subject to the terms and conditions hereof, such the Buyer shall also (i) make Reinvestments by permitting the Servicer to cause Collections allocated to such the Buyer to be applied to the purchase of additional undivided percentage ownership interests in the Receivables Pool, and (ii) increase its Net Investment in its the Participation Interest on any Settlement Date at the request of the Seller (without regard to a minimum amount). No The Buyer shall not purchase a the Participation Interest on the Closing Effective Date, or permit a Reinvestment to be made on any day, or increase its Net Investment on any Settlement Date, to the extent that the amount of such purchasepurchase or Reinvestment shall exceed the Purchase Availability Amount, Reinvestment or increase shall cause (i) the Aggregate Net Investment (after giving effect to such purchase, Reinvestment or increase) to exceed the Aggregate Maximum Net Investment then in effect, (ii) the Net Investment of a Buyer (after giving effect to such purchase, Reinvestment or increase) to exceed the Maximum Net Investment of such Buyer then in effect or (iii) the Aggregate Buyers' Buyer's Allocation (after giving effect to such purchase, Reinvestment purchase or increaseReinvestment) to exceed 100%. No The Buyer shall not be obligated to increase its the Maximum Net Investment. No The Buyer shall not purchase a the Participation Interest if the Buyer can neither cannot issue its commercial paper notes or short-term promissory notes nor or otherwise borrow in order to fund the Purchase Price of such Participation Interest, or to make any such purchase or any Reinvestment or increase its Net Investment on any Settlement Date at or after the earlier to occur of (i) the Expiration Date, and (ii) the reduction of the Maximum Net Investment to zero pursuant to Section 2.03 hereof. For the avoidance of doubt, each increase in a Buyer's Net Investment under this Agreement shall be deemed to be a purchase by such Buyer under this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Exide Corp)

Purchase Limits. Subject to the terms and conditions hereof, the Seller may at its option sell to the BuyersBuyer, and the Buyers agree Buyer agrees to purchase from the Seller (such agreement being referred to herein as the "Purchase Obligation"), at any time and from time to time on and after the date hereof and to but excluding the Expiration Date, undivided percentage ownership interests in the Receivables Pool by the Seller selling and such the Buyer purchasing the Participation Interest in such Receivables Pool. Subject to the terms and conditions hereof, such the Buyer shall also (i) make Reinvestments by permitting the Servicer to cause Collections allocated to such the Buyer to be applied to the purchase of additional undivided percentage ownership interests in the Receivables Pool, and (ii) increase its Net Investment in its the Participation Interest on any Settlement Date at the request of the Seller (without regard to a minimum amount). No The Buyer shall not purchase a the Participation Interest on the Closing Date, or permit a Reinvestment to be made on any day, or increase its Net Investment on any Settlement Date, to the extent that the amount of such purchasepurchase or Reinvestment shall exceed the Purchase Availability Amount, Reinvestment or increase shall cause (i) the Aggregate Net Investment (after giving effect to such purchase, Reinvestment or increase) to exceed the Aggregate Maximum Net Investment then in effect, (ii) the Net Investment of a Buyer (after giving effect to such purchase, Reinvestment or increase) to exceed the Maximum Net Investment of such Buyer then in effect or (iii) the Aggregate Buyers' Buyer's Allocation (after giving effect to such purchase, Reinvestment purchase or increaseReinvestment) to exceed 100%. No The Buyer shall not be obligated to increase its the Maximum Net Investment. No The Buyer shall not purchase a the Participation Interest if the Buyer can neither issue its commercial paper notes or short-term promissory notes nor otherwise borrow in order to fund the Purchase Price of such Participation Interest, or to make any such purchase or any Reinvestment or increase its Net Investment on any Settlement Date at or after the earlier to occur of (i) the Expiration Date, and (ii) the reduction of the Maximum Net Investment to zero pursuant to Section 2.03 hereof. For the avoidance of doubt, each increase in a Buyer's Net Investment under this Agreement shall be deemed to be a purchase by such Buyer under this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Volt Information Sciences Inc)

Purchase Limits. Subject to the terms and conditions hereof, the Seller may at its option sell to the BuyersBuyer, and the Buyers agree Buyer agrees to purchase from the Seller (such agreement being referred to herein as the "Purchase Obligation"), at any time and from time to time on and after the date hereof and to but excluding the Expiration Date, undivided percentage ownership interests in the Receivables Pool by the Seller selling and such Buyer purchasing the Participation Interest in such Receivables Pool. Subject to the terms and conditions hereof, such the Buyer shall also (i) make Reinvestments by permitting the Servicer to cause Collections allocated to such the Buyer to be applied to the purchase of additional undivided percentage ownership interests in the Receivables Pool, and (ii) increase its Net Investment in its the Participation Interest on any Settlement Date at the request of the Seller (without regard to a minimum amount). No The Buyer shall not purchase a the Participation Interest on the Closing Date, or permit a Reinvestment to be made on any day, or increase its Net Investment on any Settlement Date, to the extent that the amount of such purchasepurchase or Reinvestment shall exceed the Purchase Availability Amount, Reinvestment or increase shall cause (i) the Aggregate Net Investment (after giving effect to such purchase, Reinvestment or increase) to exceed the Aggregate Maximum Net Investment then in effect, (ii) the Net Investment of a Buyer (after giving effect to such purchase, Reinvestment or increase) to exceed the Maximum Net Investment of such Buyer then in effect or (iii) the Aggregate Buyers' Buyer's Allocation (after giving effect to such purchase, Reinvestment purchase or increaseReinvestment) to exceed 100%. No The Buyer shall not be obligated to increase its the Maximum Net Investment. No The Buyer shall not purchase a the Participation Interest if the Buyer can neither cannot issue its commercial paper notes or short-term promissory notes nor or otherwise borrow in order to fund the Purchase Price of such Participation Interest, or to make any such purchase or any Reinvestment or increase its Net Investment on any Settlement Date at or after the earlier to occur of (i) the Expiration Date, and (ii) the reduction of the Maximum Net Investment to zero pursuant to Section 2.03 hereof. For the avoidance of doubt, each increase in a Buyer's Net Investment under this Agreement shall be deemed to be a purchase by such Buyer under this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Exide Corp)

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Purchase Limits. Subject to the terms and conditions hereof, from the date hereof until the earlier of (i) the Expiration Date and (ii) the reduction of the Liberty Maximum Net Investment or the TRFCO Maximum Net Investment, as the case may be, to zero pursuant to Section 2.03 hereof, the Seller may at its option sell to the Buyersa Buyer, and the Buyers agree such Buyer agrees to purchase from the Seller (such agreement being referred to herein as the "Purchase Obligation"), at any time and from time to time on and after the date hereof and to but excluding the Expiration Date, ) undivided percentage ownership interests in the Receivables Pool by the Seller selling and such Buyer purchasing the a Participation Interest in such Receivables Pool. Subject to the terms and conditions hereof, such Buyer shall also (i) make Reinvestments by permitting the Servicer to cause Collections allocated to such Buyer to be applied to the purchase of additional undivided percentage ownership interests in the Receivables Pool, and (ii) increase its the Liberty Net Investment or the TRFCO Net Investment, as the case may be, in its the applicable Participation Interest on any Settlement Date Date, or as otherwise set forth herein, at the request of the Seller (without regard to a minimum amount). No A Buyer shall not purchase a Participation Interest on the Closing Date, or permit a Reinvestment to be made on any day, or increase its the Liberty Net Investment on any Settlement Dateor the TRFCO Net Investment, as the case may be, to the extent that the amount of such purchase, Reinvestment or increase shall exceed the applicable Purchase Availability Amount, or shall cause (i) the Aggregate Net Investment (after giving effect to such purchase, Reinvestment or increase) to exceed the Aggregate Maximum Net Investment then in effect, (ii) the Net Investment of a Buyer (after giving effect to such purchase, Reinvestment or increase) to exceed the Maximum Net Investment of such Buyer then in effect or (iii) the Aggregate Buyers' Allocation Buyer's Allocations (after giving effect to such purchase, Reinvestment or increase) to exceed 100%. No Buyer Neither Liberty nor TRFCO shall be obligated to increase its the Liberty Maximum Net Investment or the TRFCO Maximum Net Investment, as the case may be. No A Buyer shall not purchase a Participation Interest Interest, make a Reinvestment, or increase the Liberty Net Investment or the TRFCO Net Investment, as the case may be, if the such Buyer can neither cannot issue its commercial paper notes or short-term promissory notes nor or otherwise borrow in order to fund the Purchase Price of such Participation Interest, such Reinvestment or to such increase, or make any such purchase or any purchase, Reinvestment or increase its Net Investment on any Settlement Date at or after the earlier to occur of (i) the Expiration Date, and (ii) the reduction of the Maximum Net Investment to zero pursuant to Section 2.03 hereof. For So long as no Termination Event or Potential Termination Event shall have occurred and be continuing, a Buyer shall make timely annual requests for renewal of its Liquidity Agreement during the avoidance term of doubtthis Agreement, each increase in a Buyer's Net Investment under this Agreement provided that no such renewal shall be deemed required to be extend the term of a purchase by such Buyer under this AgreementLiquidity Agreement beyond the Expiration Date.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Commercial Metals Co)

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