Repurchase Limitations Sample Clauses
The Repurchase Limitations clause sets boundaries on the conditions or amounts under which a party may repurchase goods, shares, or other assets. Typically, this clause outlines maximum quantities, timeframes, or specific circumstances in which repurchases are permitted, such as prohibiting repurchases during certain financial periods or above a set monetary threshold. Its core function is to prevent excessive or inappropriate repurchases that could negatively impact financial stability or contractual obligations, thereby protecting both parties' interests.
Repurchase Limitations. The Seller and the Purchaser agree that the Seller and any Affiliate of the Seller may repurchase any Sale Portfolio only from the Purchaser in the case of a repurchase or Substitution of any Sale Portfolio pursuant to Sections 6.1 or 6.2.
Repurchase Limitations. The Transferor and the Purchaser agree that the Transferor and any Affiliate of the Transferor may repurchase any Sale Portfolio from the Purchaser only in the case of a repurchase or Substitution of any Sale Portfolio pursuant to Section 6.1 or Section 6.2 or in an arm's-length transaction; provided that nothing herein shall restrict the Transferor or any Affiliate thereof from acquiring Loan Assets subject to the Loan and Servicing Agreement.
Repurchase Limitations. The Company may repurchase fewer shares than have been requested in any particular quarter to be repurchased under this Plan, or none at all, in its discretion at any time. In addition, the aggregate NAV of total repurchases of the Company’s Shares will be limited to no more than 5% of the Company’s aggregate NAV per calendar quarter (measured using the average aggregate NAV as of the end of the immediately preceding calendar quarter). Such limitation is calculated based on the Company’s transactional net asset value, which is used to determine the price at which the Company sells and repurchases its Shares. In the event that the Company determines to repurchase some but not all of the Shares submitted for repurchase during any quarter, Shares submitted for repurchase during such quarter will be repurchased on a pro rata basis after the Company has repurchased all Shares for which repurchase has been requested due to death, divorce, dissolution, bankruptcy, insolvency or adjudicated incompetence of the Shareholder. All unsatisfied repurchase requests must be resubmitted after the start of the next quarter, or upon the recommencement of this Plan, as applicable. If the Transaction Price for the applicable quarter is not made available by the tenth business day prior to the Repurchase Date of the applicable quarter (or is changed after such date), the Company may elect to extend the repurchase offer to a later date or not to accept repurchase requests for such quarter. If the Company extends the repurchase offer to a later date, the Company will extend the Repurchase Date so that at least ten business days would remain from the announcement of the Transaction Price for the applicable quarter. Shareholders who wish to have their Shares repurchased the following quarter would then be required to resubmit their repurchase requests. The Transaction Price for each quarter will be available on the Company’s website at ▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇-▇▇▇▇▇▇/▇▇▇▇▇▇▇-▇▇▇▇▇▇/▇▇▇▇. The Company will not repurchase Shares if (1) such purchases would impair the Company’s status as a holding company; (2) the Company would not be able to sell its assets in a manner that is orderly and consistent with its objectives in order to repurchase Shares under the Plan; or (3) there is, in the Board’s judgment, any (a) legal action or proceeding instituted or threatened challenging the Plan or otherwise materially and adversely affecting the Company, (b) declaration of a banking moratorium by F...
Repurchase Limitations. The Seller and the Purchaser agree that the Seller and any Affiliate of the Seller may repurchase any Sale Portfolio from the Purchaser only in the case of a repurchase or Substitution of any Sale Portfolio pursuant to Sections 6.1 or 6.2 unless the requirements set forth in Sections 2.07(e) and 2.07(f) of the Loan and Servicing Agreement have been satisfied. Other than repurchases or substitutions effected pursuant to Section 6.1, all transactions between the Purchaser and the Seller or any Affiliate must be conducted on an arm’s length basis and shall be on terms no less favorable to the Purchaser than would be the case if the Seller were not an Affiliate of the Purchaser.
Repurchase Limitations. The Seller and Buyer agree that the Seller may only repurchase any Sale Assets from the Buyer (i) in the case of a repurchase or retransfer of any Loan pursuant to Section 6.1, (ii) in the case of a voluntary repurchase pursuant to Section 2.16 of the Credit Agreement or (ii) if such purchase otherwise complies with Section 5.2(m) of the Credit Agreement.
Repurchase Limitations. Notwithstanding any provision in this Agreement, the Company shall not be obligated to repurchase any shares pursuant to Section 3 in the event that any limitation set forth in this Section 3.6 (the “Repurchase Limitations”) is applicable.
Repurchase Limitations. The Seller and Buyer agree that the Seller and any Affiliate of the Seller may repurchase any Purchased Collateral or Contributed Collateral only from the Buyer in the case of (a) an Optional Sale or (b) a repurchase or retransfer of any Purchased Collateral or Contributed Collateral pursuant to Section 6.1 or Section 6.2.
Repurchase Limitations. The Originator and Depositor agree that the Originator and any Affiliate of the Originator may repurchase any Assigned Assets only from the Depositor in the case of (a) an Optional Sale or (b) a repurchase or retransfer of any Assigned Assets pursuant to Section 3.01 , Section 3.02 or Section 3.04.
Repurchase Limitations. The Seller and the Purchaser agree that, other than repurchases or substitutions effected pursuant to Section 6.01 or Section 6.02 (solely with respect to substitutions of Warranty Loan Assets), the Seller and any Affiliate of the Seller may, but is not obligated to, repurchase any Transferred Assets so long as the requirements set forth in Sections 2.07(b), 2.07(e) and 2.07(f) of the Loan and Servicing Agreement have been satisfied. Other than repurchases or substitutions effected pursuant to Section 6.01 or Section 6.02 (solely with respect to substitutions of Warranty Loan Assets), all transactions between the Purchaser and the Seller or any Affiliate must be conducted on an arm’s length basis and shall be on terms no less favorable to the Purchaser than would be the case if the Seller were not an Affiliate of the Purchaser.