Common use of Sales by Originators Clause in Contracts

Sales by Originators. Each sale of Receivables by an Originator to the Borrower shall have been effected under, and in accordance with the terms of, the Receivables Contribution and Sale Agreement, including the payment by the Borrower to the applicable Originator of the purchase price therefor as provided in the Receivables Contribution and Sale Agreement, and each such sale shall have been made for “reasonably equivalent value” (as such term is used under § 548 of the Bankruptcy Code) and not for or on account of “antecedent debt” (as such term is used under § 547 of the Bankruptcy Code) owed by the Borrower to any Originator.

Appears in 4 contracts

Samples: Loan Agreement (Jarden Corp), Loan Agreement (Jarden Corp), Loan Agreement (Jarden Corp)

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Sales by Originators. Each sale of Receivables by an Originator to the Borrower shall have been effected under, and in accordance with the terms of, the Receivables Contribution and Sale Agreement, including the payment by the Borrower to the applicable Originator of the purchase price therefor as provided in the Receivables Contribution and Sale Agreement, and each such sale shall have been made for “reasonably equivalent value” (as such term is used under § 548 of the Bankruptcy Code) and not for or on account of “antecedent debt” (as such term is used under § 547 of the Bankruptcy Code) owed by the Borrower to any Originator.

Appears in 2 contracts

Samples: Loan Agreement (Arvinmeritor Inc), Loan Agreement (Arvinmeritor Inc)

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Sales by Originators. Each sale of Receivables by an any Originator to the Borrower shall have been effected under, and in accordance with the terms of, the Receivables Contribution and Sale Purchase Agreement, including the payment by the Borrower to the applicable such Originator of an amount equal to the purchase price therefor as provided described in the Receivables Contribution and Sale Purchase Agreement, and each such sale shall have been made for "reasonably equivalent value" (as such term is used under § Section 548 of the Bankruptcy Code) and not for or on account of "antecedent debt" (as such term is used under § Section 547 of the Bankruptcy Code) owed by the Borrower to any such Originator.

Appears in 1 contract

Samples: Loan Agreement (Covenant Transport Inc)

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