Common use of Purchases by Windmill Clause in Contracts

Purchases by Windmill. If the Seller requests an increase in Windmill’s Investment when any Windmill Committed Purchaser has any outstanding Investment, Windmill shall determine the amount, if any, by which it desires to increase its Investment (the “Desired Increase”) and shall so notify the Windmill Purchaser Agent. If Windmill has a Desired Increase, the Windmill Purchaser Agent shall deliver to the Windmill Committed Purchasers a notification of assignment in substantially the form of Exhibit C and, before purchasing any additional Investment from the Seller, Windmill shall purchase in full the Investment of the Windmill Committed Purchasers, at a purchase price equal to such Investment plus accrued and unpaid Discount thereon. As a condition to any such sale of Investment by Windmill Committed Purchasers to Windmill, the Seller must pay the Early Payment Fee then owed to such Windmill Committed Purchasers. Any sale from any Windmill Committed Purchaser to Windmill pursuant to this Section 2.2 shall be without recourse, representation or warranty except for the representation and warranty that the Investment sold by such Windmill Committed Purchaser is free and clear of any Adverse Claim created or granted by such Windmill Committed Purchaser and that such Windmill Committed Purchaser has not suffered a Bankruptcy Event.

Appears in 1 contract

Sources: Receivables Sale Agreement (Usf Corp)

Purchases by Windmill. If the Seller requests an increase in Windmill’s 's Investment when any Windmill Committed Purchaser has any outstanding Investment, Windmill shall determine the amount, if any, by which it desires to increase its Investment (the "Desired Increase") and shall so notify the Windmill Purchaser Agent. If Windmill has a Desired Increase, the Windmill Purchaser Agent shall deliver to the Windmill Committed Purchasers a notification of assignment in substantially the form of Exhibit C and, before purchasing any additional Investment from the Seller, Windmill shall purchase in full the Investment of the Windmill Committed Purchasers, at a purchase price equal to such Investment plus accrued and unpaid Discount thereon. If the Desired Increase is less than the sum of the total Investment of the Committed Purchasers and accrued Discount, Windmill shall purchase a ratable portion of each Liquidity Provider's Investment and only after all such Investment and accrued Discount thereon is purchased may Windmill purchase Investment of the Enhancer and Discount thereon. As a condition to any such sale of Investment by Windmill Committed Purchasers to Windmill, the Seller must pay the Early Payment Fee if any then owed to such Windmill Committed Purchasers. Any sale from any Windmill Committed Purchaser to Windmill pursuant to this Section 2.2 shall be without recourse, representation or warranty except for the representation and warranty that the Investment sold by such Windmill Committed Purchaser is free and clear of any Adverse Claim created or granted by such Windmill Committed Purchaser and that such Windmill Committed Purchaser has not suffered a any Bankruptcy Event.

Appears in 1 contract

Sources: Receivables Sale Agreement (World Color Press Inc /De/)

Purchases by Windmill. If the Seller requests an increase in Windmill’s 's Investment when any Windmill Committed Purchaser has any outstanding Investment, Windmill shall determine the amount, if any, by which it desires to increase its Investment (the "Desired Increase") and shall so notify the Windmill Purchaser Agent. Such request may only be made at the end of a Tranche Period. If Windmill has a Desired Increase, the Windmill Purchaser Agent shall deliver to the Windmill Committed Purchasers a notification of assignment in substantially the form of Exhibit C and, before purchasing any additional Investment from the Seller, Windmill shall purchase in full the Investment of the Windmill Committed Purchasers, at a purchase price equal to such Investment plus accrued and unpaid Discount thereon. As a condition to any such sale If the Desired Increase is less than the sum of the total Investment by Windmill of the Committed Purchasers to Windmilland accrued Discount, Windmill shall purchase a ratable portion of each Liquidity Provider's Investment and only after all such Investment and accrued Discount thereon is purchased may Windmill purchase Investment of the Seller must pay the Early Payment Fee then owed to such Windmill Committed PurchasersEnhancer and Discount thereon. Any sale from any Windmill Committed Purchaser to Windmill pursuant to this Section 2.2 shall be without recourse, representation or warranty except for the representation and warranty that the Investment sold by such Windmill Committed Purchaser is free and clear of any Adverse Claim created or granted by such Windmill Committed Purchaser and that such Windmill Committed Purchaser has not suffered a Bankruptcy Event.

Appears in 1 contract

Sources: Receivables Sale Agreement (Crompton & Knowles Corp)

Purchases by Windmill. If the Seller requests an increase in Windmill’s 's Investment when any Windmill Committed Purchaser has any outstanding Investment, Windmill shall determine the amount, if any, by which it desires to increase its Investment (the "Desired Increase") and shall so notify the Windmill Purchaser Agent. If Windmill has a Desired IncreaseIncrease and the Seller requests Windmill to first acquire the Investments held by the Committed Purchasers, the Windmill Purchaser Agent shall deliver to the Windmill Committed Purchasers a notification of assignment in substantially the form of Exhibit C and, before purchasing any additional Investment from the Seller, Windmill shall purchase in full the Investment of the Windmill Committed Purchasers, at a purchase price equal to such Investment plus accrued and unpaid Discount thereon. If the Desired Increase is less than the sum of the total Investment of the Committed Purchasers and accrued Discount, Windmill shall purchase a ratable portion of each Liquidity Provider's Investment and only after all such Investment and accrued Discount thereon is purchased may Windmill purchase Investment of the Enhancer and Discount thereon. As a condition to any such sale of Investment by Windmill Committed Purchasers to Windmill, the Seller must pay the Early Payment Fee then owed to such Windmill Committed Purchasers. Any sale from any Windmill Committed Purchaser to Windmill pursuant to this Section 2.2 shall be without recourse, representation or warranty except for the representation and warranty that the Investment sold by such Windmill Committed Purchaser is free and clear of any Adverse Claim created or granted by such Windmill Committed Purchaser and that such Windmill Committed Purchaser has not suffered a any Bankruptcy Event.

Appears in 1 contract

Sources: Receivables Sale Agreement (Ipalco Enterprises Inc)