Common use of Securities Act and Investment Company Act Exemptions Clause in Contracts

Securities Act and Investment Company Act Exemptions. Each Purchase of Purchaser Interests under this Agreement will constitute (i) a "current transaction" within the meaning of Section 3(a)(3) of the Securities Act and (ii) a purchase or other acquisition of notes, drafts, acceptances, open accounts receivable or other obligations representing part or all of the sales price of merchandise, insurance or services within the meaning of Section 3(c)(5) of the Investment Company Act.

Appears in 5 contracts

Samples: Receivables Purchase and Servicing Agreement (K2 Inc), Receivables Purchase and Servicing Agreement (Castle a M & Co), Purchase Agreement (Avondale Inc)

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Securities Act and Investment Company Act Exemptions. Each Purchase purchase of Purchaser Interests Transferred Receivables under this Agreement will constitute (i) a "current transaction" within the meaning of Section 3(a)(3) of the Securities Act and (ii) except with respect to Financing Receivables, a purchase or other acquisition of notes, drafts, acceptances, open accounts receivable or other obligations representing part or all of the sales price of merchandise, insurance or services within the meaning of Section 3(c)(5) of the Investment Company Act.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Synnex Corp), Purchase Agreement (Synnex Information Technologies Inc)

Securities Act and Investment Company Act Exemptions. Each Purchase ---------------------------------------------------- purchase of Purchaser Interests Transferred Receivables under this Agreement will constitute (i) a "current transaction" within the meaning of Section 3(a)(3) of the Securities Act and (ii) a purchase or other acquisition of notes, drafts, acceptances, open accounts receivable or other obligations representing part or all of the sales price of merchandise, insurance or services within the meaning of Section 3(c)(5) of the Investment Company Act.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Callaway Golf Co /Ca), Receivables Purchase and Servicing Agreement (Callaway Golf Co /Ca)

Securities Act and Investment Company Act Exemptions. Each Purchase purchase and contribution of Purchaser Interests under this Agreement will constitute (i) a "current transaction" within the meaning of Section 3(a)(3) of the Securities Act and (ii) a purchase or other acquisition of notes, drafts, acceptances, open accounts receivable or other obligations representing part or all of the sales price of merchandise, insurance or services within the meaning of Section 3(c)(5) of the Investment Company Act.

Appears in 1 contract

Samples: Receivables Sale and Contribution Agreement (Advancepcs)

Securities Act and Investment Company Act Exemptions. Each Purchase purchase of Purchaser Interests Transferred Receivables under this Agreement will constitute constitutes (i) a "current transaction" within the meaning of Section 3(a)(3) of the Securities Act and (ii) a purchase or other acquisition of notes, drafts, acceptances, open accounts receivable or other obligations representing part or all of the sales price of merchandise, insurance or services within the meaning of Section 3(c)(5) of the Investment Company Act.. (r)

Appears in 1 contract

Samples: Servicing Agreement (Consolidated Freightways Corp)

Securities Act and Investment Company Act Exemptions. Each Purchase purchase of Purchaser Interests Transferred Receivables under this Agreement will constitute constitutes (i) a "current transaction" within the meaning of Section 3(a)(3) of the Securities Act and (ii) a purchase or other acquisition of notes, drafts, acceptances, open accounts receivable or other obligations representing part or all of the sales price of merchandise, insurance or services within the meaning of Section 3(c)(5) of the Investment Company Act.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Synnex Information Technologies Inc)

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Securities Act and Investment Company Act Exemptions. Each Purchase purchase and contribution of Purchaser Interests Receivables under this Agreement will constitute constitutes (i) a "current transaction" within the meaning of Section 3(a)(3) of the Securities Act and (ii) a purchase or other acquisition of notes, drafts, acceptances, open accounts receivable or other obligations representing part or all of the sales price of merchandise, insurance or services within the meaning of Section 3(c)(5) of the Investment Company Act.

Appears in 1 contract

Samples: Receivables Purchase and Contribution Agreement (Advancepcs)

Securities Act and Investment Company Act Exemptions. Each Purchase purchase of Purchaser Interests ---------------------------------------------------- Transferred Receivables under this Agreement will constitute constitutes (i) a "current transaction" within the meaning of Section 3(a)(3) of the Securities Act and (ii) a purchase or other acquisition of notes, drafts, acceptances, open accounts receivable or other obligations representing part or all of the sales price of merchandise, insurance or services within the meaning of Section 3(c)(5) of the Investment Company Act.

Appears in 1 contract

Samples: Receivables Sale Agreement (Imperial Sugar Co /New/)

Securities Act and Investment Company Act Exemptions. Each Purchase purchase of Purchaser Interests under this Agreement will constitute (i) a "current transaction" within the meaning of Section 3(a)(3) of the Securities Act and (ii) a purchase or other acquisition of notes, drafts, acceptances, open accounts receivable or other obligations representing part or all of the sales price of merchandise, insurance or services within the meaning of Section 3(c)(5) of the Investment Company Act.

Appears in 1 contract

Samples: Receivables Purchase and Servicing Agreement (Advancepcs)

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