Common use of Retransfer of Receivables Clause in Contracts

Retransfer of Receivables. At any time after the Aggregate ------------------------- Capital is reduced to less than 10% of the highest amount of Aggregate Capital outstanding on or prior to the Facility Termination Date, the Transferor may, at its option, upon not less than thirty days notice to the Administrative Agent, accept the retransfer from the Administrative Agent on the Settlement Date next succeeding such thirty day period or on such other date as shall be mutually agreed to by the Administrative Agent and the Transferor (the "Retransfer ---------- Date"), of all of the Receivables and the Related Security then held by the ---- Administrative Agent for an amount equal to the Aggregate Capital outstanding as at the Retransfer Date (after application of all Collections received on or prior to such date) plus any accrued and unpaid Yield as at such date plus any other amounts then owed by the Transferor under this Agreement. The Transferor shall be entitled to all Collections from the Receivables retransferred to the Transferor in accordance with this Section 1.10 which are received after the Retransfer Date and the Collection Agent shall set aside and hold in trust for, and shall pay forthwith to, the Transferor all such Collections. The terms and provisions of this Agreement shall continue to be effective or be reinstated, as the case may be, if any such payment is rescinded or must otherwise be returned to the Transferor upon the insolvency, bankruptcy or reorganization of the Transferor or an Obligor or otherwise, all as though such payment had never been made. On the Retransfer Date: (i) all of the Receivables and Related Security shall be retransferred to the Transferor without any representation or warranty other than that they are free and clear of any Adverse Claims created by or through the Transferees or the Administrative Agent, and (ii) the Administrative Agent shall deliver to the Transferor executed UCC-3 Termination Statements, terminating the interest of the Administrative Agent in all such Receivables and Related Security, thereupon the Transferor shall be vested with all right, title and interest in such Receivables and Related Security, and the Administrative Agent and the Transferees shall no longer hold any interest in any of such Receivables or Related Security.

Retransfer of Receivables. At any time after the Aggregate ------------------------- Capital is reduced to less than 1015% of the highest amount of Aggregate Capital outstanding on or prior to the Facility Termination Date, the Transferor may, at its option, upon not less than thirty days notice to the Administrative Agent, accept the retransfer from the Administrative Agent on the Settlement Date next succeeding such thirty day period or on such other date as shall be mutually agreed to by the Administrative Agent and the Transferor (the "Retransfer ---------- Date"), of all of the Receivables and the Related Security then held by the ---- Administrative Agent for an amount equal to the Aggregate Capital outstanding as at the Retransfer Date (after application of all Collections received on or prior to such date) plus any accrued and unpaid Yield as at such date plus any other amounts then owed by the Transferor under this Agreement. The Transferor shall be entitled to all Collections from the Receivables retransferred to the Transferor in accordance with this Section 1.10 which are received after the Retransfer Date and the Collection Agent shall set aside and hold in trust for, and shall pay forthwith to, the Transferor all such Collections. The terms and provisions of this Agreement shall continue to be effective or be reinstated, as the case may be, if any such payment is rescinded or must otherwise be returned to the Transferor upon the insolvency, bankruptcy or reorganization of the Transferor or an Obligor or otherwise, all as though such payment had never been made. On the Retransfer Date: (i) all of the Receivables and Related Security shall be retransferred to the Transferor without any representation or warranty other than that they are free and clear of any Adverse Claims created by or through the Transferees or the Administrative Agent, and (ii) the Administrative Agent shall deliver to the Transferor executed UCC-3 Termination Statements, terminating the interest of the Administrative Agent in all such Receivables and Related Security, thereupon the Transferor shall be vested with all right, title and interest in such Receivables and Related Security, and the Administrative Agent and the Transferees shall no longer hold any interest in any of such Receivables or Related Security.

Retransfer of Receivables. At any time after the Aggregate ------------------------- Capital is ------------------------- reduced to less than 10% of the highest amount of Aggregate Capital outstanding on or prior to the Facility Termination Date, the Transferor may, at its option, upon not less than thirty days notice to the Administrative Agent, accept the retransfer from the Administrative Agent on the Settlement Date next succeeding such thirty day period or on such other date as shall be mutually agreed to by the Administrative Agent and the Transferor (the "Retransfer ---------- Date"), of all of the Receivables and the Related Security then held ---------------- by the ---- Administrative Agent for an amount equal to the Aggregate Capital outstanding as at the Retransfer Date (after application of all Collections received on or prior to such date) plus any accrued and unpaid Yield as at such date plus any other amounts then owed by the Transferor under this Agreement. The Transferor shall be entitled to all Collections from the Receivables retransferred to the Transferor in accordance with this Section 1.10 1.12 which are received after the Retransfer Date and the Collection Agent shall set aside and hold in trust for, and shall pay forthwith to, the Transferor all such Collections. The terms and provisions of this Agreement shall continue to be effective or be reinstated, as the case may be, if any such payment is rescinded or must otherwise be returned to the Transferor upon the insolvency, bankruptcy or reorganization of the Transferor or an Obligor or otherwise, all as though such payment had never been made. On the Retransfer Date: (i) all of the Receivables and Related Security shall be retransferred to the Transferor without any representation or warranty other than that they are free and clear of any Adverse Claims created by or through the Transferees or the Administrative Agent, and (ii) the Administrative Agent shall deliver to the Transferor executed UCC-3 Termination Statements, terminating the interest of the Administrative Agent in all such Receivables and Related Security, thereupon the Transferor shall be vested with all right, title and interest in such Receivables and Related Security, and the Administrative Agent and the Transferees shall no longer hold any interest in any of such Receivables or Related Security.

Retransfer of Receivables. At any time after the Aggregate Capital ------------------------- Capital is reduced to less than 10% of the highest amount of Aggregate Capital outstanding on or prior to the Facility Termination Date, the Transferor may, at its option, upon not less than thirty days notice to the Administrative Agent, accept the retransfer from the Administrative Agent on the Settlement Date next succeeding such thirty day period or on such other date as shall be mutually agreed to by the Administrative Agent and the Transferor (the "Retransfer ---------- Date"), of all of the Receivables and the Related Security then held ---------------- by the ---- Administrative Agent for an amount equal to the Aggregate Capital outstanding of such Receivables as at the Retransfer Date (after application of all Collections received on or prior to such date) plus any accrued and unpaid Yield as at such date plus any other amounts then owed by the Transferor under this Agreement. The Transferor shall be entitled to all Collections from the Receivables retransferred to the Transferor in accordance with this Section 1.10 1.12 which are received after the Retransfer Date and the Collection Agent shall set aside and hold in trust for, and shall pay forthwith to, the Transferor all such Collections. The terms and provisions of this Agreement shall continue to be effective or be reinstated, as the case may be, if any such payment is rescinded or must otherwise be returned to the Transferor upon the insolvency, bankruptcy or reorganization of the Transferor or an Obligor or otherwise, all as though such payment had never been made. On the Retransfer Date: (i) all of the Receivables and Related Security shall be retransferred to the Transferor without any representation or warranty other than that they are free and clear of any Adverse Claims created by or through the Transferees or the Administrative Agent, and (ii) the Administrative Agent shall deliver to the Transferor executed UCC-3 Termination Statements, terminating the interest of the Administrative Agent in all such Receivables and Related Security, thereupon the Transferor shall be vested with all right, title and interest in such Receivables and Related Security, and the Administrative Agent and the Transferees shall no longer hold any interest in any of such Receivables or Related Security.

Retransfer of Receivables. At any time after the Aggregate ------------------------- Capital is reduced to less than 1015% of the highest amount of Aggregate Capital outstanding on or prior to the Facility Termination Date, the Transferor may, at its option, upon not less than thirty days notice to the Administrative Agent, accept the retransfer from the Administrative Agent on the Settlement Date next succeeding such thirty day period or on such other date as shall be mutually agreed to by the Administrative Agent and the Transferor (the "Retransfer ---------- Date"), of all of the Receivables and the Related Security then held by the ---- Administrative Agent for an amount equal to the Aggregate Capital outstanding as at the Retransfer Date (after application of all Collections received on or prior to such date) plus any accrued and unpaid Yield as at such date plus any other amounts then owed by the Transferor under this Agreement. The Transferor shall be entitled to all Collections from the Receivables retransferred to the Transferor in accordance with this Section 1.10 which are received after the Retransfer Date and the Collection Agent shall set aside and hold in trust for, and shall pay forthwith to, the Transferor all such Collections. The terms and provisions of this Agreement shall continue to be effective or be reinstated, as the case may be, if any such payment is rescinded or must otherwise be returned to the Transferor upon the insolvency, bankruptcy or reorganization of the Transferor or an Obligor or otherwise, all as though such payment had never been made. On the Retransfer Date: (i) all of the Receivables and Related Security shall be retransferred to the Transferor without any representation or warranty other than that they are free and clear of any Adverse Claims created by or through the Transferees or the Administrative Agent, and (ii) the Administrative Agent shall deliver to the Transferor executed UCC-3 Termination Statements, terminating the interest of the Administrative Agent in all such Receivables and Related Security, thereupon the Transferor shall be vested with all right, title and interest in such Receivables and Related Security, and the Administrative Agent and the Transferees shall no longer hold any interest in any of such Receivables or Related Security.