Common use of Receivables Facility Clause in Contracts

Receivables Facility. The Company and its Subsidiaries shall not amend or modify, or permit the amendment or modification of, any provision of a Receivables Document if, as a result of such amendment or modification: (a) a Receivables Subsidiary would not be required to apply all funds available to it (after giving effect to the allocation of funds to reserves required under the terms of the Receivables Documents and to the payment of interest, principal and other amounts owed under the Receivables Documents) to pay the purchase price for Receivables (including any deferred portion of the purchase price); or (b) the degree of recourse to the Company or its Subsidiaries under or in the respect of the Receivables Documents is increased in any material respect. Notwithstanding anything to the contrary contained in this Section, any changes to the Receivables Documents which relate to the Company's and/or any other Receivables Seller's servicing or origination of Receivables Program Assets shall be permitted.

Appears in 2 contracts

Samples: Credit Agreement (Ameriserve Transportation Inc), Credit Agreement (Nebco Evans Holding Co)

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Receivables Facility. The Company and its Subsidiaries shall not amend or modify, or permit the amendment or modification of, any provision of a Receivables Document if, as a result of such amendment or modification: (a) a Receivables Subsidiary would not be required to apply all funds available to it (after giving effect to the allocation of funds to reserves required under the terms of the Receivables Documents and to the payment of interest, principal and other amounts owed under the Receivables Documents) to pay the purchase price for Receivables (including any deferred portion of the purchase price); or; (b) the degree of recourse to the Company or its Subsidiaries under or in the respect of the Receivables Documents is increased in any material respect; or (c) the Invested Amount with respect thereto shall exceed $300,000,000. Notwithstanding anything to the contrary contained in this Section, any changes to the Receivables Documents which relate to the Company's and/or any other Receivables Seller's servicing or origination of Receivables Program Assets shall be permitted.

Appears in 1 contract

Samples: Credit Agreement (Nebco Evans Holding Co)

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Receivables Facility. The Company and its Subsidiaries shall not amend Amend or modify, or permit the amendment or modification of, any provision of a Receivables Document if, as a result of such amendment or modification: (a) a Receivables Subsidiary would not be required to apply all funds available to it (after giving effect to the allocation of funds to reserves required under the terms of the Receivables Documents and the payment of general and administrative operating expenses and to the payment of interest, principal and other amounts owed under the Receivables Documents) to pay the purchase price for Receivables (including any deferred portion of the purchase price); or; (b) the degree of recourse to the any Consolidated Company or its Subsidiaries under or in the respect of the Receivables Documents is increased in any material respect; or (c) the Invested Amount with respect thereto shall fall below $60,000,000. Notwithstanding anything to the contrary contained in this Section, any changes to the Receivables Documents which relate to the CompanyBorrower's and/or any other Receivables Seller's servicing or origination of Permitted Receivables Program Assets shall be permitted.

Appears in 1 contract

Samples: Term Loan Agreement (Intermet Corp)

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