Common use of Sale of Additional Term Certificates Clause in Contracts

Sale of Additional Term Certificates. (a) The Company may, upon written notice to the Trustee, the Master Servicer and the Term Certificateholders and upon satisfaction of each of the conditions set forth in subsection (b) of this Section 2.06, direct the Trustee in writing to issue on the following Payment Date (each such date a "Subsequent Issuance Date") additional Class A Certificates, identical in all respects to the existing Class A Certificates, in an aggregate principal amount specified by the Company (pro rata based on the initial invested amount of each Class) (except that the Certificate Rate applicable to such additional Class A Certificates may differ from the Certificate Rate applicable to existing Class A Certificates; provided that the Series 1993-2 Target Receivables Amount does not exceed the Series 1993-2 Allocated Receivables Amount, after giving effect to any increase in the Invested Amount on such Subsequent Issuance Date. The Company may arrange for the sale of such additional Class A Certificates, pursuant to a private placement or any other sale arrangement; provided that the Company agrees that it shall first offer to the existing Term Certificateholders the opportunity to purchase such additional Class A Certificates on substantially the same terms and conditions that such additional Class A Certificates are to be offered to other purchasers. If existing Class A Certificateholders elect not to purchase all such additional Class A Certificates within 10 Business Days following their receipt of a written offer therefor (which written offer is accompanied by information sufficient to enable a prudent investor to make such purchase) the Company may proceed with its arrangements to sell all such additional Class A Certificates to any other eligible purchasers. In the event that the existing Class A Certificateholders subscribe to purchase more additional Class A Certificates than are being offered by the Company at such time, then each such existing Class A Certificateholder shall be entitled to purchase a pro rata portion of such additional Class A Certificates based on the aggregate principal amount of Class A Certificates then held by such holder. On each Subsequent Issuance Date, if any, the Series 1993-2 Invested Amount (and each other amount set forth herein, the calculation of which is based on such amount) shall be recalculated by the Company to include the additional initial invested amounts with respect to the Class A Certificates issued on such date.

Appears in 1 contract

Samples: Pooling Agreement (Ingram Micro Inc)

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Sale of Additional Term Certificates. (a) The Company may, upon written notice to the Trustee, the Master Servicer and the Term Certificateholders and upon satisfaction of each of the conditions set forth in subsection (b) of this Section 2.062.7 and Section 5.10 of the Agreement, direct the Trustee in writing to issue on the following Payment Distribution Date (each such date a "Subsequent Issuance DateSUBSEQUENT ISSUANCE DATE") additional Class A Certificates and Class B Certificates, identical in all respects to the existing Class A Certificates, in an aggregate principal amount specified by the Company (pro rata based on the initial invested amount of each Class) Certificates and Class B Certificates (except that the Certificate Rate applicable to such additional Class A Certificates or Class B Certificates, as the case may be, may differ from the Certificate Rate applicable to such existing Class A Certificates or Class B Certificates, as the case may be) in an aggregate principal amount and in such names and denominations as specified by the Company in accordance with subsection 2.7(c) below; provided PROVIDED that the Series 19931998-2 1 Target Receivables Amount does shall not exceed the Series 19931998-2 1 Allocated Receivables Amount, Amount after giving effect to any increase in the Invested Amount on such Subsequent Issuance Date; PROVIDED FURTHER that the principal amount of the Class A Certificates and the Class B Certificates issued in any such additional issuance shall be issued in such proportion that would cause, after giving effect to such issuance, the Class B Invested Amount to be no less than the same percentage of the Series 1998-1 Invested Amount as the Class B Initial Invested Amount was of the Series 1998-1 Initial Invested Amount. The Company may arrange for the sale of such additional Class A Certificates, Certificates and Class B Certificates pursuant to a private placement or any other sale arrangement; provided that the Company agrees that it shall first offer to the existing Term Certificateholders the opportunity to purchase such additional Class A Certificates on substantially the same terms and conditions that such additional Class A Certificates are to be offered to other purchasers. If existing Class A Certificateholders elect not to purchase all such additional Class A Certificates within 10 Business Days following their receipt of a written offer therefor (which written offer is accompanied by information sufficient to enable a prudent investor to make such purchase) the Company may proceed with its arrangements to sell all such additional Class A Certificates to any other eligible purchasers. In the event that the existing Class A Certificateholders subscribe to purchase more additional Class A Certificates than are being offered by the Company at such time, then each such existing Class A Certificateholder shall be entitled to purchase a pro rata portion of such additional Class A Certificates based on the aggregate principal amount of Class A Certificates then held by such holder. On each Subsequent Issuance Date, if any, the Series 19931998-2 1 Invested Amount, the Class A Invested Amount and the Class B Invested Amount (and each other amount set forth herein, the calculation of which is based on such amount) shall be recalculated by the Company Servicer to include the additional initial invested amounts Initial Invested Amounts with respect to the Class A Certificates and Class B Certificates issued on such date.

Appears in 1 contract

Samples: Pooling Agreement (Core Mark International Inc)

Sale of Additional Term Certificates. (a) The Company may, upon written notice to the Trustee, the Master Servicer and the Term Certificateholders and upon satisfaction of each of the conditions set forth in subsection (b) of this Section 2.062.7, direct the Trustee in writing to issue on the following Payment Distribution Date (each such date a "Subsequent Issuance DateSUBSEQUENT ISSUANCE DATE") additional Class A Certificates and Class B Certificates, identical in all respects to the existing Class A Certificates, in an aggregate principal amount specified by the Company (pro rata based on the initial invested amount of each Class) Certificates and Class B Certificates (except that the Certificate Rate applicable to such additional Class A Certificates or Class B Certificates, as the case may be, may differ from the Certificate Rate applicable to such existing Class A Certificates or Class B Certificates, as the case may be) (such issuance to be made PRO rata based on the Initial Invested Amount of each such Class), in an aggregate principal amount and in such names and denominations as specified by the Company in accordance with subsection 2.7(c) below; provided PROVIDED that the Series 19931996-2 1 Target Receivables Amount does shall not exceed the Series 19931996-2 1 Allocated Receivables Amount, Amount after giving effect to any increase in the Invested Amount on such Subsequent Issuance Date. The Company may arrange for the sale of such additional Class A Certificates, Certificates and Class B Certificates pursuant to a private placement or any other sale arrangement; provided PROVIDED that the Company agrees that it shall first offer to the existing Term Certificateholders the opportunity to purchase such additional Class A Certificates and Class B Certificates on substantially the same terms and conditions that such additional Class A Certificates are to be offered to other purchasers. If existing Class A Certificateholders or Class B Certificateholders, as the case may be, elect not to purchase all such additional Class A Certificates or Class B Certificates within 10 Business Days following their receipt of a written an offer therefor (which written offer is accompanied by information sufficient to enable a prudent investor to make such purchase) therefor, the Company may proceed with its arrangements to sell all such additional Class A Certificates or Class B Certificates, as the case may be, to any other eligible purchasers. In the event that the existing Class A Certificateholders or Class B Certificateholders, as the case may be, subscribe to purchase more additional Class A Certificates or Class B Certificates than are being offered by the Company at such time, then each such existing Class A Certificateholder or Class B Certificateholder shall be entitled to purchase a pro rata PRO RATA portion of such additional Class A Certificates or Class B Certificates based on the aggregate principal amount of Class A Certificates or Class B Certificates then held by such holder. On each Subsequent Issuance Date, if any, the Series 19931996-2 1 Invested Amount (and each other amount set forth herein, the calculation of which is based on such amount) shall be recalculated by the Company Servicer to include the additional initial invested amounts Initial Invested Amounts with respect to the Class A Certificates and Class B Certificates issued on such date.

Appears in 1 contract

Samples: Pooling Agreement (Rykoff Sexton Inc)

Sale of Additional Term Certificates. (a) The Company may, upon written notice to the Trustee, the Master Servicer and the Term Certificateholders and upon satisfaction of each of the conditions set forth in subsection (b2.7(b), as well as the applicable conditions to such issuance set forth in subsection 5.10(b) of this Section 2.06the Agreement, direct the Trustee in writing to issue on the following Payment Distribution Date (each such date a "Subsequent Issuance Date") additional Class A Certificates, Certificates and Class B Certificates identical in all respects to the existing Class A Certificates, in an aggregate principal amount specified by the Company (pro rata based on the initial invested amount of each Class) Certificates and Class B Certificates (except that the Certificate Rate applicable to such additional Class A Certificates and Class B Certificates, as the case may be, may differ from the Certificate Rate applicable to such existing Class A Certificates or Class B Certificates, as the case may be) in an aggregate principal amount and in such names and denominations as specified by the Company in accordance with subsection 2.7(c) below; provided that the Series 19932001-2 1 Target Receivables Amount does shall not exceed the Series 19932001-2 1 Allocated Receivables Amount, Amount after giving effect to any increase in the Invested Amount on such Subsequent Issuance Date; provided further that the principal amount of the Class A Certificates and the Class B Certificates issued in any such additional issuance shall be issued in such proportion that would cause, after giving effect to such issuance, the Class B Invested Amount to be no less than the same percentage of the Series 2001-1 Invested Amount as the Class B Initial Invested Amount was of the Series 2001-1 Initial Invested Amount. The Company may arrange for the sale of such additional Class A Certificates, Certificates and Class B Certificates pursuant to a private placement or any other sale arrangement; provided that the Company agrees that it shall first offer to the existing Term Certificateholders the opportunity to purchase such additional Class A Certificates on substantially the same terms and conditions that such additional Class A Certificates are to be offered to other purchasers. If existing Class A Certificateholders elect not to purchase all such additional Class A Certificates within 10 Business Days following their receipt of a written offer therefor (which written offer is accompanied by information sufficient to enable a prudent investor to make such purchase) the Company may proceed with its arrangements to sell all such additional Class A Certificates to any other eligible purchasers. In the event that the existing Class A Certificateholders subscribe to purchase more additional Class A Certificates than are being offered by the Company at such time, then each such existing Class A Certificateholder shall be entitled to purchase a pro rata portion of such additional Class A Certificates based on the aggregate principal amount of Class A Certificates then held by such holder. On each Subsequent Issuance Date, if any, the Series 19932001-2 1 Invested Amount, the Class A Invested Amount and the Class B Invested Amount (and each other amount set forth herein, the calculation of which is based on such amount) shall be recalculated by the Company Master Servicer to include the additional initial invested amounts Invested Amounts with respect to the Class A Certificates and Class B Certificates issued on such date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (General Cable Corp /De/)

Sale of Additional Term Certificates. (a) The Company may, upon written notice to the Trustee, the Master Servicer and the Term Certificateholders and upon satisfaction of each of the conditions set forth in subsection (b) of this Section 2.06, direct the Trustee in writing to issue on the following Payment Date (each such date a "Subsequent Issuance Date") additional Class A Certificates, identical in all respects to the existing Class A Certificates, in an aggregate principal amount specified by the Company (pro rata based on the initial invested amount of each Class) (except that the Certificate Rate applicable to such additional Class A Certificates may differ from the Certificate Rate applicable to existing Class A Certificates; provided that the Series 19931994-2 Target Receivables Amount does not exceed the Series 19931994-2 Allocated Receivables Amount, after giving effect to any increase in the Invested Amount on such Subsequent Issuance Date. The Company may arrange for the sale of such additional Class A Certificates, pursuant to a private placement or any other sale arrangement; provided that the Company agrees that it shall first offer to the existing Term Certificateholders the opportunity to purchase such additional Class A Certificates on substantially the same terms and conditions that such additional Class A Certificates are to be offered to other purchasers. If existing Class A Certificateholders elect not to purchase all such additional Class A Certificates within 10 Business Days following their receipt of a written offer therefor (which written offer is accompanied by information sufficient to enable a prudent investor to make such purchase) the Company may proceed with its arrangements to sell all such additional Class A Certificates to any other eligible purchasers. In the event that the existing Class A Certificateholders subscribe to purchase more additional Class A Certificates than are being offered by the Company at such time, then each such existing Class A Certificateholder shall be entitled to purchase a pro rata portion of such additional Class A Certificates based on the aggregate principal amount of Class A Certificates then held by such holder. On each Subsequent Issuance Date, if any, the Series 19931994-2 Invested Amount (and each other amount set forth herein, the calculation of which is based on such amount) shall be recalculated by the Company to include the additional initial invested amounts with respect to the Class A Certificates issued on such date.

Appears in 1 contract

Samples: Pooling Agreement (Ingram Micro Inc)

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Sale of Additional Term Certificates. (a) The Company may, upon written notice to the Trustee, the Master Servicer and the Term Certificateholders and upon satisfaction of each of the conditions set forth in subsection (b) of this Section 2.062.07, direct the Trustee in writing to issue on the following Payment Distribution Date (each such date a "Subsequent Issuance Date") additional Class A Certificates, Class B Certificates and Class C Certificates, identical in all respects to the existing Class A Certificates, Class B Certificates and Class C Certificates, in an aggregate principal amount specified by the Company (pro rata based on the initial invested amount of each Class) (except that the Certificate Rate applicable to such additional Class A Certificates, Class B Certificates and Class C Certificates may differ from the Certificate Rate applicable to existing Class A Certificates, Class B Certificates and Class C Certificates); provided that the Series 19931997-2 1 Target Receivables Amount does not exceed the Series 19931997-2 1 Allocated Receivables Amount, after giving effect to any Series 1997-1 Supplement 39 increase in the Invested Amount on such Subsequent Issuance Date. The Company may arrange for the sale of such additional Class A Certificates, Class B Certificates and Class C Certificates pursuant to a private placement or any other sale arrangement; provided that the Company agrees that it shall first offer to the existing Term Certificateholders the opportunity to purchase such additional Class A Certificates, Class B Certificates and Class C Certificates on substantially the same terms and conditions that such additional Class A Certificates, Class B Certificates and Class C Certificates are to be offered to other purchasers. If existing Class A Certificateholders, Class B Certificateholders or Class C Certificateholders, as the case may be, elect not to purchase all such additional Class A Certificates, Class B Certificates or Class C Certificates within 10 Business Days following their receipt of a written an offer therefor (which written offer is accompanied by information sufficient to enable a prudent investor to make such purchase) therefor, the Company may proceed with its arrangements to sell all such additional Class A Certificates, Class B Certificates and Class C Certificates to any other eligible purchasers. In the event that the existing Class A Certificateholders, Class B Certificateholders or Class C Certificateholders, as the case may be, subscribe to purchase more additional Class A Certificates, Class B Certificates or Class C Certificates than are being offered by the Company at such time, then each such existing Class A Certificateholder, Class B Certificateholder or Class C Certificateholder shall be entitled to purchase a pro rata portion of such additional Class A Certificates, Class B Certificates or Class C Certificates based on the aggregate principal amount of Class A Certificates, Class B Certificates or Class C Certificates then held by such holder. On each Subsequent Issuance Date, if any, the Series 19931997-2 1 Invested Amount (and each other amount set forth herein, the calculation of which is based on such amount) shall be recalculated by the Company to include the additional initial invested amounts with respect to the Class A Certificates, Class B Certificates and Class C Certificates issued on such date.. Series 1997-1 Supplement 40

Appears in 1 contract

Samples: Pooling Agreement (Lifestyle Furnishings International LTD)

Sale of Additional Term Certificates. (a) The Company may, upon written notice to the Trustee, the Master Servicer and the Term Certificateholders and upon satisfaction of each of the conditions set forth in subsection (b) of this Section 2.06, direct the Trustee in writing to issue on the following Payment Date (each such date a "Subsequent Issuance Date") additional Class A Certificates, identical in all respects to the existing Class A Certificates, in an aggregate principal amount specified by the Company (pro rata based on the initial invested amount of each Class) (except that the Certificate Rate applicable to such additional Class A Certificates may differ from the Certificate Rate applicable to existing Class A Certificates; provided that the Series 19931994-2 3 Target Receivables Amount does not exceed the Series 19931994-2 3 Allocated Receivables Amount, after giving effect to any increase in the Invested Amount on such Subsequent Issuance Date. The Company may arrange for the sale of such additional Class A Certificates, pursuant to a private placement or any other sale arrangement; provided that the Company agrees that it shall first offer to the existing Term Certificateholders the opportunity to purchase such additional Class A Certificates on substantially the same terms and conditions that such additional Class A Certificates are to be offered to other purchasers. If existing Class A Certificateholders elect not to purchase all such additional Class A Certificates within 10 Business Days following their receipt of a written offer therefor (which written offer is accompanied by information sufficient to enable a prudent investor to make such purchase) ), the Company may proceed with its arrangements to sell all such additional Class A Certificates to any other eligible purchasers. In the event that the existing Class A Certificateholders subscribe to purchase more additional Class A Certificates than are being offered by the Company at such time, then each such existing Class A Certificateholder shall be entitled to purchase a pro rata portion of such additional Class A Certificates based on the aggregate principal amount of Class A Certificates then held by such holder. On each Subsequent Issuance Date, if any, the Series 19931994-2 3 Invested Amount (and each other amount set forth herein, the calculation of which is based on such amount) shall be recalculated by the Company to include the additional initial invested amounts with respect to the Class A Certificates issued on such date.

Appears in 1 contract

Samples: Pooling Agreement (Ingram Micro Inc)

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