Common use of Subsequent Purchase Price Payments Clause in Contracts

Subsequent Purchase Price Payments. On each Business Day falling after the Closing Date and on or prior to the Purchase and Sale Termination Date, on the terms and subject to the conditions set forth in this Agreement, the Company shall pay to Originator the Purchase Price for the Receivables sold by Originator to the Company on such Business Day, in cash, to the extent provided under SECTION 1.2 of the Receivables Purchase Agreement, and to the extent any of such Purchase Price remains unpaid, such remaining portion of such Purchase Price shall be paid by means of an automatic increase to the outstanding principal amount of the Company Note issued to Originator. Servicer shall make all appropriate record keeping entries with respect to the Company Notes or otherwise to reflect the foregoing payments and to reflect adjustments pursuant to SECTION 3.4, and Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on any Company Note at any time. Furthermore, Servicer shall hold the Company Notes for the benefit of the Originator, and all payments under the Company Notes shall be made to the Servicer for the account of the applicable payee thereof. Originator hereby irrevocably authorizes Servicer to xxxx the Company Notes "CANCELLED" and to return such Company Notes to the Company upon the final payment thereof after the occurrence of the Purchase and Sale Termination Date.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Pilgrims Pride Corp)

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Subsequent Purchase Price Payments. On each Business Day falling after the Closing Date and on or prior to the Purchase and Sale Termination Date, on the terms and subject to the conditions set forth in this Agreement, the Company shall pay to Originator the Seller the Purchase Price for the Receivables sold by Originator the Seller to the Company on such Business Day, in cash, to the extent provided under SECTION Section 1.2 of the Receivables Purchase Agreement, and to the extent any of such Purchase Price remains unpaid, such remaining portion of such Purchase Price shall be paid by means of an automatic increase to the outstanding principal amount of the Company Note issued to OriginatorSubordinated Note. Servicer shall make all appropriate record keeping entries with respect to the Company Notes Subordinated Note or otherwise to reflect the foregoing payments and to reflect adjustments pursuant to SECTION Section 3.4, and Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on any Company Subordinated Note at any time. Furthermore, Servicer shall hold the Company Notes Subordinated Note for the benefit of the OriginatorSeller, and all payments under the Company Notes Subordinated Note shall be made to the Servicer for the account of the applicable payee thereofSeller. Originator The Seller hereby irrevocably authorizes Servicer to xxxx the Company Notes Subordinated Note "CANCELLED" and to return such Company Notes the Subordinated Note to the Company upon the final payment thereof after the occurrence of the Purchase and Sale Termination Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Warnaco Group Inc /De/)

Subsequent Purchase Price Payments. On each Business Day falling after the Closing Date and on or prior to the Purchase and Sale Termination Date, on the terms and subject to the conditions set forth in this Agreement, the Company shall pay to each Originator the Purchase Price for the Receivables sold generated by such Originator to the Company on such Business Day, in cash, to the extent provided under SECTION Section 1.2 of the Receivables Purchase Agreement, and to the extent any of such Purchase Price remains unpaid, such remaining portion of such Purchase Price shall be paid by means of an automatic increase to the outstanding principal amount of the Company Note issued to such Originator. Servicer shall make all appropriate record keeping entries with respect to the Company Notes or otherwise to reflect the foregoing payments and to reflect adjustments pursuant to SECTION Section 3.4, and Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on any Company Note at any time. Furthermore, Servicer shall hold the Company Notes for the benefit of the OriginatorOriginators, and all payments under the Company Notes shall be made to the Servicer for the account of the applicable payee thereof. Each Originator hereby irrevocably authorizes Servicer to xxxx the Company Notes "CANCELLED" and to return such Company Notes to the Company upon the final payment thereof after the occurrence of the Purchase and Sale Termination Date.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Imperial Sugar Co /New/)

Subsequent Purchase Price Payments. On each Business Day falling after the Closing Date and on or prior to the Purchase and Sale Termination Date, on the terms and subject to the conditions set forth in this Agreement, the Company shall pay to Originator the Purchase Price for the Receivables sold by Originator to the Company on such Business Day, in cash, to the extent provided under SECTION 1.2 of the Receivables Purchase Agreement, and to the extent any of such Purchase Price remains unpaid, such remaining portion of such Purchase Price shall be paid by means of an automatic increase to the outstanding principal amount of the Company Note issued to OriginatorNote. Servicer shall make all appropriate record keeping entries with respect to the Company Notes Note or otherwise to reflect the foregoing payments and to reflect adjustments pursuant to SECTION 3.4, and Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on any the Company Note at any time. Furthermore, Servicer shall hold the Company Notes Note for the benefit of the Originator, and all payments under the Company Notes Note shall be made to the Servicer for the account of the applicable payee thereof. Originator hereby irrevocably authorizes Servicer to xxxx the Company Notes Note "CANCELLED" and to return such the Company Notes Note to the Company upon the final payment thereof after the occurrence of the Purchase and Sale Termination Date.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Warren S D Co /Pa/)

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Subsequent Purchase Price Payments. On each Business Day falling after the Closing Date and on or prior to the Purchase and Sale Termination Date, on the terms and subject to the conditions set forth in this Agreement, the Company shall pay to each Originator the Purchase Price for the Receivables sold by such Originator to the Company on such Business Day, in cash, to the extent provided under SECTION Section 1.2 of the Receivables Purchase Agreement, and to the extent any of such Purchase Price remains unpaid, such remaining portion of such Purchase Price shall be paid by means of an automatic increase to the outstanding principal amount of the Company Note issued to such Originator. Servicer shall make all appropriate record keeping entries with respect to the Company Notes or otherwise to reflect the foregoing payments and to reflect adjustments pursuant to SECTION Section 3.4, and Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on any Company Note at any time. Furthermore, Servicer shall hold the Company Notes for the benefit of the OriginatorOriginators, and all payments under the Company Notes shall be made to the Servicer for the account of the applicable payee thereof. Each Originator hereby irrevocably authorizes Servicer to xxxx the Company Notes "CANCELLED" and to return such Company Notes to the Company upon the final payment thereof after the occurrence of the Purchase and Sale Termination Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Sequa Corp /De/)

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