Receivables Facility Documents Sample Clauses

Receivables Facility Documents. With respect to the Permitted Receivables Facility, prior to the Receivables Subsidiary or any other Company executing any definitive documentation in connection therewith, Borrower shall provide to Agent and the Lenders final execution copies of all agreements, instruments and other documents to be executed in connection with the Permitted Receivables Facility (collectively, the “Receivables Facility Documents”). Contemporaneously with the closing of the Permitted Receivables Facility, Borrower shall deliver to Agent fully executed copies of the Receivables Facility Documents certified by an officer of Borrower as being true and complete.
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Receivables Facility Documents. The Borrowers will not, nor will the Borrowers permit or suffer any of the Designated Subsidiaries to, amend, supplement, restate or otherwise modify, or renew or extend, the terms of any of the Receivables Facility Documents as in effect as of the Closing Date without the prior written consent (which consent shall not be unreasonably withheld) of, and in form and substance reasonably satisfactory to, the Agent; provided, however, that nothing herein shall restrict or be deemed to restrict the issuance by the Borrowers or the Designated Subsidiaries, or any of them, of additional tranches of Indebtedness under the Receivables Facility Documents as in the form delivered to the Agent on the date hereof; and provided, further, that so long as no Default or Event of Default shall exist and be continuing, and so long as none would result therefrom, with prior written notice given to the Agent, the Borrowers and the Designated Subsidiaries may enter into such amendments, restatements, replacements, refinancings, supplements or other modifications to the Receivables Facility Documents which are not materially less favorable to the Borrowers and the Designated Subsidiaries so long as recourse to the assets of the Borrowers and the Designated Subsidiaries under the Receivables Facility Documents remains limited to claims against ZFT Receivables and collateral incidental thereto generally consistent with the Receivables Facility Documents as in effect on the Closing Date. For purposes of this Section 11.10, a replacement or refinancing shall not be deemed to be materially less favorable to the Borrowers and the Designated Subsidiaries solely because the interest rate applicable to notes or other evidences of indebtedness issued by the Receivables Subsidiary thereunder is higher than on those issued by ZFT or because of other increased costs associated with such replacement or refinancing or an increase in the amount of reserves required to be maintained in respect thereof or any similar such increased costs.
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Receivables Facility Documents. (a)(i) The Receivables Purchase Agreement and (ii) the Transaction Documents, as defined therein, as any of the same may be from time to time amended and/or modified; (b)(i) any other agreement or agreements governing Indebtedness incurred by any Receivables Subsidiary to facilitate the provision of funds for working capital or other general corporate purposes through the sale or pledge of receivables created by Zale, Xxxx Xxxaware or their Subsidiaries (or of instruments received in consideration of receivables transferred pursuant to the Receivables Facility Documents), and (ii) any agreement or agreements governing Indebtedness incurred to refund, refinance, replace, supplement or increase all or any portion of the Indebtedness incurred under clauses (a) or (b)(i). Receivables Purchase Agreement. The Purchase and Servicing Agreement dated as of July 15, 1999 among ZFT, Zale Xxxaware, and JNB, and their respective successors and assigns, as the same may be from time to time amended or modified. Receivables Subsidiary. ZFT or any other Subsidiary of Zale, the principal purpose of which is to provide funds for working capital or other general corporate purposes to Zale Xxxaware and its Subsidiaries through the transfer of receivables created by Zale, Xxxx Xxxaware or their Subsidiaries (or of instruments received in consideration of receivables transferred pursuant to the Receivables Facility Documents).
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Receivables Facility Documents. Each of the Agent and the Lenders shall be satisfied that the Amortization Commencement Date shall not have occurred. The Agent shall have received from the Receivables Purchase Agent an acknowledgment, reasonably satisfactory to the Agent and the Lenders in all respects, that this Credit Agreement replaces, as of the Closing Date, the Prior Credit Agreement, and shall constitute for all purposes the Working Capital Credit Agreement, as such term is defined in the Receivables Facility Documents.
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Related to Receivables Facility Documents

  • Facility Documents Terminate, amend or otherwise modify any Facility Document or the Master Agency Agreement, or grant any waiver or consent thereunder, except in accordance with the terms thereof.

  • Securitizations As a material inducement to Lessor’s willingness to enter into the Transactions contemplated by this Lease and the other Transaction Documents, Lessee hereby acknowledges and agrees that Lessor may, from time to time and at any time (a) advertise, issue press releases, send direct mail or otherwise disclose information regarding the Transaction for marketing purposes; and (b) (i) act or permit another Person to act as sponsor, settler, transferor or depositor of, or a holder of interests in, one or more Persons or other arrangements formed pursuant to a trust agreement, indenture, pooling agreement, participation agreement, sale and servicing agreement, limited liability company agreement, partnership agreement, articles of incorporation or similar agreement or document; and (ii) permit one or more of such Persons or arrangements to offer and sell stock, certificates, bonds, notes, other evidences of indebtedness or securities that are directly or indirectly secured, collateralized or otherwise backed by or represent a direct or indirect interest in whole or in part in any of the assets, rights or properties described in Section 14.01 of this Lease, in one or more Persons or arrangements holding such assets, rights or properties, or any of them (collectively, the “Securities”), whether any such Securities are privately or publicly offered and sold, or rated or unrated (any combination of which actions and transactions described in both clauses (i) and (ii) in this paragraph, whether proposed or completed, are referred to in this Lease as a “Securitization”). Lessee shall cooperate fully with Lessor and any Affected Party with respect to all reasonable requests and due diligence procedures and use reasonable efforts to facilitate such Securitization, provided that such cooperation shall be at no additional cost or expense to Lessee so long as Lessee is not otherwise required to provide such information to Lessor pursuant to the other provisions of this Lease.

  • Securitization In addition to any other assignment permitted pursuant to this Section, Loan Parties hereby acknowledge that (x) the Lenders, their Affiliates and Approved Funds (“Lender Parties”) may sell or securitize the Loans (a “Securitization”) through the pledge of the Loans as collateral security for loans to a Lender Party or the assignment or issuance of direct or indirect interests in the Loans (such as, for instance, collateralized loan obligations), and (y) such Securitization may be rated by a rating agency. The Loan Parties shall reasonably cooperate with the Lender Parties to effect the Securitization including, without limitation, by (a) amending this Agreement and the other Loan Documents, and executing such additional documents, as reasonably requested by the Lenders in connection with the Securitization; provided that (i) any such amendment or additional documentation does not impose material additional costs on Borrower and (ii) any such amendment or additional documentation does not materially adversely affect the rights, or materially increase the obligations, of Borrower under the Loan Documents or change or affect in a manner adverse to Borrower the financial terms of the Loans, (b) providing such information as may be reasonably requested by the Lenders or rating agencies in connection with the rating of the Loans or the Securitization, and (c) providing a certificate (i) agreeing to indemnify the Lender Parties, or any party providing credit support or otherwise participating in the Securitization, including any investors in a securitization entity (collectively, the “Securitization Parties”) for any losses, claims, damages or liabilities (the “Securitization Liabilities”) to which the Lender Parties or such Securitization Parties may become subject insofar as the Securitization Liabilities arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained in any Loan Document or in any writing delivered by or on behalf of any Loan Party to the Lender Partiers in connection with any Loan Document or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated therein, or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, and such indemnity shall survive any transfer by the Lenders or their successors or assigns of the Loans, and (ii) agreeing to reimburse the Lender Parties and the other Securitization Parties for any legal or other expenses reasonably incurred by such Persons in connection with defending the Securitization Liabilities.

  • Securitization Transactions The Borrower will not permit the aggregate outstanding amount of Securitization Transactions to exceed $300,000,000 at any time.

  • Collateral Matters; Swap Agreements The benefit of the Security Instruments and of the provisions of this Agreement relating to any collateral securing the Indebtedness shall also extend to and be available to those Lenders or their Affiliates which are counterparties to any Swap Agreement with the Borrower or any of its Subsidiaries on a pro rata basis in respect of any obligations of the Borrower or any of its Subsidiaries which arise under any such Swap Agreement while such Person or its Affiliate is a Lender, but only while such Person or its Affiliate is a Lender, including any Swap Agreements between such Persons in existence prior to the date hereof. No Lender or any Affiliate of a Lender shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.

  • Servicing Arrangements AmeriCredit, as Servicer (the “Servicer”), AFS SenSub Corp., as Seller (“Seller”), AmeriCredit Automobile Receivables Trust 2012-4 (the “Trust”) and the Trustee entered into a Sale and Servicing Agreement dated as of September 10, 2012 (as amended, supplemented and otherwise modified from time to time, the “Sale and Servicing Agreement”), relating to the Receivables (as such term is defined in the Sale and Servicing Agreement), pursuant to which the Receivables were sold, transferred, assigned, or otherwise conveyed to the Trust. The Sale and Servicing Agreement contemplates the engagement of a processor and includes terms for the opening of the Lockbox Account (as defined herein), and the Indenture contemplates that the Lockbox Account will be assigned and pledged to the Trust Collateral Agent. The Sale and Servicing Agreement does not include specific terms for the provision of data processing services and deposit of remittance items. Such terms are set forth in this Lockbox Account Agreement (the “Agreement”). All capitalized terms used herein and not otherwise defined herein shall have the meanings specified in the Sale and Servicing Agreement.

  • Equity Documents Each of the following documents and all other contracts and documents required in connection with the Equity Commitment:

  • Credit Agreement; Loan Documents This Agreement or counterparts hereof shall have been duly executed by, and delivered to, Borrowers, each other Credit Party, Agent and Lenders; and Agent shall have received such documents, instruments, agreements and legal opinions as Agent shall reasonably request in connection with the transactions contemplated by this Agreement and the other Loan Documents, including all those listed in the Closing Checklist attached hereto as Annex D, each in form and substance reasonably satisfactory to Agent.

  • Receivables in Force No Receivable shall have been satisfied, subordinated or rescinded, nor shall any Financed Vehicle have been released in whole or in part from the lien granted by the related Receivable.

  • Agents under Collateral Documents and Guaranty Each Secured Party hereby further authorizes Administrative Agent or Collateral Agent, as applicable, on behalf of and for the benefit of Secured Parties, to be the agent for and representative of Secured Parties with respect to the Guaranty, the Collateral and the Collateral Documents; provided that neither Administrative Agent nor Collateral Agent shall owe any fiduciary duty, duty of loyalty, duty of care, duty of disclosure or any other obligation whatsoever to any holder of Obligations with respect to any Hedge Agreement. Subject to Section 10.5, without further written consent or authorization from any Secured Party, Administrative Agent or Collateral Agent, as applicable may execute any documents or instruments necessary to (i) in connection with a sale or disposition of assets permitted by this Agreement, release any Lien encumbering any item of Collateral that is the subject of such sale or other disposition of assets or to which Requisite Lenders (or such other Lenders as may be required to give such consent under Section 10.5) have otherwise consented or (ii) release any Guarantor from the Guaranty pursuant to Section 7.12 or with respect to which Requisite Lenders (or such other Lenders as may be required to give such consent under Section 10.5) have otherwise consented. Collateral Agent further declares that it holds all Australian Collateral acquired by the Collateral Agent after the date hereof on trust for the benefit of the Secured Parties from time to time (it being understood that the provisions of this Section 9 apply to Collateral Agent in its capacity as trustee of such trust).

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