Rebalancing of Capital. On the date hereof, the Seller will repay a portion of the outstanding Capital in the amounts for MUFG and SMBC as specified in the flow of funds memorandum attached hereto as Exhibit A (each, a “Reducing Purchaser”); provided that all accrued and unpaid Discount with respect to such Capital so repaid shall be payable by the Seller to each Reducing Purchaser, as applicable, on the next occurring Weekly Settlement Date. The Seller hereby requests that each of PNC, Xxxxx, CACIB, Regions and Mizuho (each, an “Increasing Purchaser”) fund a Purchase on the date hereof in the applicable amount set forth in Exhibit A hereto. Such Purchase shall be funded by the Increasing Purchasers on the date hereof in accordance with the terms of the Receivables Purchase Agreement and upon satisfaction of all conditions precedent thereto specified in the Receivables Purchase Agreement; provided, however, that no Purchase Notice shall be required therefor. For administrative convenience, the Seller hereby instructs the Increasing Purchasers to fund the foregoing Purchase by paying the proceeds thereof directly to the Reducing Purchasers to the accounts and in the amounts specified in Exhibit A hereto to be applied as the foregoing repayment of each Reducing Purchaser’s Capital (as applicable) on the Seller’s behalf. The Seller shall be deemed to have received the proceeds of such Purchase from each Increasing Purchaser for all purposes immediately upon receipt thereof by each Reducing Purchaser, respectively.
Rebalancing of Capital. On the date hereof, the Borrower will repay a portion of the outstanding Capital as set forth on the final flow of funds memorandum provided by the Administrative Agent on the date hereof. The Borrower hereby requests that PNC fund a Loan on the date hereof as set forth on the final flow of funds memorandum provided by the Administrative Agent on the date hereof. Such Loan shall be funded by PNC on the date hereof in accordance with the terms of the Receivables Financing Agreement and upon satisfaction of all conditions precedent thereto specified in the Receivables Financing Agreement; provided, however, that, notwithstanding anything to the contrary in the Receivables Financing Agreement, no Loan Request shall be required for the amount specified in the flow of funds memorandum. For administrative convenience, the Borrower hereby instructs PNC to fund the foregoing Loan by paying the proceeds thereof directly to the accounts specified in the flow of funds memorandum by PNC, to be applied as the foregoing repayment of Capital on the Borrower’s behalf.
Rebalancing of Capital. (a) As of the date hereof and prior to giving effect to this Amendment, PNC’s aggregate Capital is $74,977,777.78 (the “PNC Capital”) and the aggregate Capital of the Purchasers in Victory’s Purchaser Group is $21,422,222.22 (the “Victory Capital”). In connection with the amendments to the Agreement pursuant to this Amendment, the parties hereto desire to provide for the partial repayment of the Victory Capital and a Purchase by PNC, in each case, on the terms described below.
Rebalancing of Capital. The parties hereto hereby agree as follows:
Rebalancing of Capital. On the date hereof, the Seller will repay a portion of the outstanding Capital in the amounts specified in the flow of funds memorandum attached hereto as Exhibit C. The Seller hereby requests that Fifth Third and PNC ratably fund a Purchase on the date hereof in an amount set forth in Exhibit C hereto. Such Purchase shall be funded on the date hereof in accordance with the terms of the Receivables Purchase Agreement and upon satisfaction of all conditions precedent thereto specified in the Receivables Purchase Agreement; provided, however, that no Purchase Notice shall be required therefor. For administrative convenience, the Seller hereby instructs Fifth Third and PNC to fund the foregoing Purchase by paying the proceeds thereof directly to the accounts and in the amounts specified in Exhibit C hereto to be applied as the foregoing repayment of Capital (as applicable) on the Seller’s behalf.
Rebalancing of Capital. (a) As of the date hereof and prior to giving effect to this Amendment, the payment of the Paydown Amount and the Payoff Agreement, (i) the aggregate outstanding Capital funded by PNC is $63,520,000 and (ii) the aggregate outstanding Capital funded by Victory is $15,880,000 (the “Victory Capital”). In connection with the removal of MUFG and Victory as parties to the Agreement, the parties hereto desire to provide for (A) a non-ratable Purchase by PNC and (B) the non-ratable repayment of the Victory Capital, in each case, on the terms described below.
Rebalancing of Capital. At or before 3:00 p.m. (New York time) on the date hereof, each Assignee Purchaser shall pay to PNC the applicable amount set forth on the flow of funds memorandum attached hereto as Exhibit A opposite such Assignee Purchaser’s (or its Purchaser Agent’s) name (such amounts, collectively, the “Total Purchase Price”) representing a portion of the aggregate outstanding Capital amount of PNC. The payments made pursuant to this section shall be made in accordance with the wire instructions provided by PNC. Upon receipt by the PNC of the Total Purchase Price, PNC hereby sells, transfers and assigns to the Assignee Purchasers, without recourse, representation or warranty, and each Assignee Purchaser hereby irrevocably takes, receives and accepts from PNC, its applicable portion of PNC’s Purchases and all related rights under the Receivables Purchase Agreement and the other Transaction Documents with respect thereto (collectively, the “Total Assigned Purchases”).
Rebalancing of Capital. (a) As of the date hereof and prior to giving effect to this Amendment, the payment of the Paydown Amount and the Payoff Agreement, (i) the aggregate outstanding Capital funded by PNC is $63,520,000 and (ii) the aggregate outstanding Capital funded by Victory is $15,880,000 (the “Victory Capital”). In connection with the removal of MUFG and Victory as parties to the Agreement, the parties hereto desire to provide for (A) a non-ratable Purchase by PNC and (B) the non-ratable repayment of the Victory Capital, in each case, on the terms described below.
Rebalancing of Capital. At or before 3:00 p.m. (New York time) on the date hereof, each Assignee Purchaser shall pay to PNC the applicable amount set forth on the flow of funds memorandum attached hereto as Exhibit A opposite such Assignee Purchaser’s (or its Purchaser Agent’s) name (such amounts, collectively, the “Total Purchase Price”) representing a portion of the aggregate outstanding Capital amount of PNC. The payments made pursuant to this section shall be made in accordance with the wire instructions provided by PNC. Upon receipt by the PNC of the Total Purchase Price, PNC hereby sells, transfers and assigns to the Assignee Purchasers, without recourse, representation or warranty, and each Assignee Purchaser hereby irrevocably takes, receives and accepts from PNC, its applicable portion of PNC’s Purchases and all related rights under the Receivables Purchase Agreement and the other Transaction Documents with respect thereto (collectively, the “Total Assigned Purchases”).
