Common use of Rebalancing of Capital Clause in Contracts

Rebalancing of Capital. On the date hereof, the Seller will repay a portion of the outstanding Capital in the amounts for each Purchaser specified in the flow of funds memorandum, dated as of the date hereof; provided that all accrued and unpaid Discount with respect to such Capital so repaid shall be payable by the Seller to Gotham, as applicable, on the next occurring Settlement Date. The Seller hereby requests that Mizuho and SMBC fund a Purchase on the date hereof in an amount set forth in the flow of funds memorandum. Such Purchase shall be funded by Mizuho and SMBC, each as Related Committed Purchaser, 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 Mizuho and SMBC to fund the foregoing Purchase by paying the proceeds thereof directly to MUFG to the accounts and in the amounts specified in the flow of funds memorandum to be applied as the foregoing repayment of MUFG’s Capital (as applicable) on the Seller’s behalf. The Seller shall be deemed to have received the proceeds of such Purchase from Mizuho and SMBC for all purposes immediately upon receipt thereof by MUFG, respectively.

Appears in 1 contract

Samples: Receivables Purchase Agreement (LyondellBasell Industries N.V.)

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Rebalancing of Capital. On the date hereof, the Seller will repay a portion of the outstanding Capital in the amounts for each Purchaser specified in the flow of funds memorandum, dated memorandum attached hereto as of the date hereofExhibit B; provided that all accrued and unpaid Discount with respect to such Capital so repaid shall be payable by the Seller to Gotham, as applicable, PNC on the next occurring Settlement Date. The Seller hereby requests that Mizuho and SMBC Xxxxx Fargo fund a an Purchase on the date hereof in an amount set forth in the flow of funds memorandumExhibit B hereto. Such Purchase shall be funded by Mizuho and SMBC, each as Related Committed Purchaser, Xxxxx Fargo 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 Mizuho and SMBC Xxxxx Fargo to fund the foregoing Purchase by paying the proceeds thereof directly to MUFG PNC to the accounts and in the amounts specified in the flow of funds memorandum Exhibit B hereto to be applied as the foregoing repayment of MUFGPNC’s Capital (as applicable) on the Seller’s behalf. The Seller shall be deemed to have received the proceeds of such Purchase from Mizuho and SMBC Xxxxx Fargo for all purposes immediately upon receipt thereof by MUFG, respectivelyPNC. PNC shall notify Seller upon receipt of such proceeds from Xxxxx Fargo.

Appears in 1 contract

Samples: Receivables Purchase Agreement (TransDigm Group INC)

Rebalancing of Capital. On the date hereof, the Seller will repay a portion of the outstanding Capital in the amounts for each Purchaser specified in the flow of funds memorandum, dated memorandum attached hereto as of the date hereofExhibit B; provided that all accrued and unpaid Discount with respect to such Capital so repaid shall be payable by the Seller to Gotham, as applicable, PNC on the next occurring Settlement Date. The Seller hereby requests that Mizuho and SMBC Xxxxx Fargo fund a an initial Purchase on the date hereof in an amount set forth in the flow of funds memorandumExhibit B hereto. Such Purchase shall be funded by Mizuho and SMBC, each as Related Committed Purchaser, Xxxxx Fargo 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 Mizuho and SMBC Xxxxx Fargo to fund the foregoing Purchase by paying the proceeds thereof directly to MUFG PNC to the accounts and in the amounts specified in the flow of funds memorandum Exhibit B hereto to be applied as the foregoing repayment of MUFGPNC’s Capital (as applicable) on the Seller’s behalf. The Seller shall be deemed to have received the proceeds of such Purchase from Mizuho and SMBC Xxxxx Fargo for all purposes immediately upon receipt thereof by MUFG, respectivelyPNC. PNC shall notify Seller upon receipt of such proceeds from Xxxxx Fargo.

Appears in 1 contract

Samples: Receivables Purchase Agreement (TransDigm Group INC)

Rebalancing of Capital. On the date hereof, the Seller will repay a portion of the outstanding Capital in the amounts for each Purchaser MUFG and SMBC as specified in the flow of funds memorandummemorandum attached hereto as Exhibit A (each, dated as of the date hereofa “Reducing Purchaser”); provided that all accrued and unpaid Discount with respect to such Capital so repaid shall be payable by the Seller to Gothameach Reducing Purchaser, as applicable, on the next occurring Weekly Settlement Date. The Seller hereby requests that each of PNC, Xxxxx, CACIB, Regions and Mizuho and SMBC (each, an “Increasing Purchaser”) fund a Purchase on the date hereof in an the applicable amount set forth in the flow of funds memorandumExhibit A hereto. Such Purchase shall be funded by Mizuho and SMBC, each as Related Committed Purchaser, 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 Mizuho and SMBC the Increasing Purchasers to fund the foregoing Purchase by paying the proceeds thereof directly to MUFG the Reducing Purchasers to the accounts and in the amounts specified in the flow of funds memorandum Exhibit A hereto to be applied as the foregoing repayment of MUFGeach 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 Mizuho and SMBC each Increasing Purchaser for all purposes immediately upon receipt thereof by MUFGeach Reducing Purchaser, respectively.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fleetcor Technologies Inc)

Rebalancing of Capital. On the date hereof, the Seller will repay a portion of the outstanding Capital in the amounts for each Purchaser specified in the flow of funds memorandummemorandum attached hereto as Exhibit A to the Administrator to be distributed to Xxxxx Fargo and MUFG (collectively, dated as of the date hereof“Reducing Purchasers”); provided that all accrued and unpaid Discount with respect to such Capital so repaid shall be payable by the Seller to Gothamthe Administrator to be distributed to each Reducing Purchaser, as applicable, on the next occurring Weekly Settlement Date. The Seller hereby requests that Mizuho PNC, TD Bank and SMBC Scotia (collectively, the “Increasing Purchasers”) fund a Purchase on the date hereof in an amount set forth in the flow of funds memorandumExhibit A hereto. Such Purchase shall be funded by Mizuho and SMBC, each as Related Committed Purchaser, 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 Mizuho and SMBC the Increasing Purchasers to fund the foregoing Purchase by paying the proceeds thereof directly to MUFG the Administrator, to be distributed to the Reducing Purchasers, into the accounts and in the amounts specified in the flow of funds memorandum Exhibit A hereto to be applied as the foregoing repayment of MUFGeach 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 Mizuho and SMBC the Increasing Purchasers for all purposes immediately upon receipt thereof by MUFGeach Reducing Purchaser, respectively.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fleetcor Technologies Inc)

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Rebalancing of Capital. On the date hereof, the Seller will repay a portion of the outstanding Capital in the amounts for each Purchaser other than Mizuho specified in the flow of funds memorandum, dated memorandum attached hereto as of the date hereofExhibit 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 Gothameach Reducing Purchaser, as applicable, on the next occurring Weekly Settlement Date. The Seller hereby requests that Mizuho and SMBC fund a an initial Purchase on the date hereof in an amount set forth in the flow of funds memorandumExhibit A hereto. Such Purchase shall be funded by Mizuho and SMBC, each as Related Committed Purchaser, 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 Mizuho and SMBC to fund the foregoing Purchase by paying the proceeds thereof directly to MUFG the Reducing Purchasers to the accounts and in the amounts specified in the flow of funds memorandum Exhibit A hereto to be applied as the foregoing repayment of MUFGeach 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 Mizuho and SMBC for all purposes immediately upon receipt thereof by MUFGeach Reducing Purchaser, respectively.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fleetcor Technologies Inc)

Rebalancing of Capital. On the date hereof, the Seller will repay a portion of the outstanding Capital in the amounts for each Purchaser PNC (the “Reducing Purchaser”) specified in the flow of funds memorandum, dated memorandum attached hereto as of the date hereofExhibit A; provided that all accrued and unpaid Discount with respect to such Capital so repaid shall be payable by the Seller to Gothamthe Reducing Purchaser, as applicable, on the next occurring Weekly Settlement Date. The Seller hereby requests that Mizuho Regions, Victory, Mizuho, Reliant Trust and SMBC Liberty Street (collectively, the “Increasing Purchasers”) fund a Purchase on the date hereof in an amount set forth in the flow of funds memorandumExhibit A hereto. Such Purchase shall be funded by Mizuho and SMBC, each as Related Committed Purchaser, 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 Mizuho and SMBC the Increasing Purchasers to fund the foregoing Purchase by paying the proceeds thereof directly to MUFG the Reducing Purchaser to the accounts account and in the amounts specified in the flow of funds memorandum Exhibit A hereto to be applied as the foregoing repayment of MUFGthe 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 Mizuho and SMBC the Increasing Purchasers for all purposes immediately upon receipt thereof by MUFGthe Reducing Purchaser, respectively.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fleetcor Technologies Inc)

Rebalancing of Capital. On the date hereof, the Seller will repay a portion of the outstanding Capital in the amounts for each Purchaser specified in the flow of funds memorandum, dated memorandum attached hereto as of the date hereofExhibit B; provided that all accrued and unpaid Discount with respect to such Capital so repaid shall be payable by the Seller to GothamPNC, Atlantic and CACIB, as applicable, on the next occurring Settlement Date. The Seller hereby requests that Mizuho and SMBC Fifth Third fund a an initial Purchase on the date hereof in an amount set forth in the flow of funds memorandumExhibit B hereto. Such Purchase shall be funded by Mizuho and SMBC, each as Related Committed Purchaser, Fifth Third 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 Mizuho and SMBC Fifth Third to fund the foregoing Purchase by paying the proceeds thereof directly to MUFG PNC, Atlantic and CACIB to the accounts and in the amounts specified in the flow of funds memorandum Exhibit B hereto to be applied as the foregoing repayment of MUFGPNC’s, Atlantic’s and CACIB’s Capital (as applicable) on the Seller’s behalf. The Seller shall be deemed to have received the proceeds of such Purchase from Mizuho and SMBC Fifth Third for all purposes immediately upon receipt thereof by MUFGPNC, Atlantic and CACIB, respectively. PNC shall notify Seller upon receipt of such proceeds from Fifth Third.

Appears in 1 contract

Samples: Receivables Purchase Agreement (TransDigm Group INC)

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