Subsequent Purchases. After the Closing Date, until the Purchase and Sale Termination Date, each Receivable and the Related Rights generated by each Originator shall be, and shall be deemed to have been, sold or contributed, as applicable, by such Originator to the Buyer immediately (and without further action) upon the creation of such Receivable.
Subsequent Purchases. On each Business Day following the initial Purchase, the Seller shall sell to the Purchaser and the Purchaser shall purchase from the Seller, upon satisfaction of the applicable conditions set forth in Article III, all Receivables originated by the Seller which have not previously been sold or contributed to the Purchaser; provided, however, that the Seller may, at its option on any Purchase Date, contribute all or any of such Receivables to the Purchaser pursuant to Section 2.06, instead of selling such Receivables to the Purchaser pursuant to this Section 2.02(b). On or within five Business Days after the date of each such Purchase, the Purchaser shall pay the Purchase Price for such Purchase in the manner provided in Section 2.02(c).
Subsequent Purchases. If the first Purchase Tranche Closing is consummated hereunder, and the Applicable Purchase Price therefor is paid and received by Lender as contemplated under this Agreement, then Assignee’s obligation to purchase any additional Purchase Tranches as hereby contemplated is a binding and continuing obligation of Assignee; provided, however, Assignee shall have the right to terminate such obligation at any time during the term of this Agreement upon the occurrence of any of the following events (each a “Trigger Event”): (i) the Borrower fails to stay current in its filing obligations with the SEC; (ii) trading of the Borrower’s Common Stock on the “Principal Trading Market” (as defined in the Credit Agreement) is stopped or halted for any reason; (iii) any suspension of electronic trading or settlement services by the Depository Trust Company (“DTC”) with respect to the Common Stock occurs and is continuing, or any receipt by the Borrower of any notice from DTC to the effect that a suspension of electronic trading or settlement services by DTC with respect to the Common Stock is being imposed or is contemplated (unless, prior to such suspension, DTC shall have notified the Borrower in writing that DTC has determined not to impose any such suspension); (iv) the Borrower’s transfer agent (the “Transfer Agent”) fails to issue to Assignee any shares of the Borrower’s Common Stock which may be due to Assignee in connection with any conversion rights exercised by Assignee under any promissory notes purchased by Assignee hereunder, or notes issued in replacement thereof; (v) the Borrower fails to maintain its active status with its State of organization; (vi) Borrower shall default (beyond any applicable notice and cure periods) in any of their obligations to Assignee under the promissory notes purchased by Assignee hereunder, or notes issued in replacement thereof, or any other obligations of Borrower to Assignee; or (vii) the Borrower fails to maintain any share reserve required by Assignee. Upon the occurrence of a Trigger Event, in the event Assignee desires to terminate its obligation to purchase Purchase Tranches as hereby contemplated, Assignee shall deliver to Lender written notice of such termination delivered within five (5) days of the date the Assignee becomes aware of the occurrence of the Trigger Event (which notice shall include a statement of the Trigger Event that has occurred and reasonable evidence of the occurrence thereof), whereupon Assignee’s...
Subsequent Purchases. On each Business Day following the initial Purchase, the Seller shall sell to the Purchaser and the Purchaser shall purchase from the Seller, upon satisfaction of the applicable conditions set forth in Article III, all Receivables originated by the Seller or acquired by the Seller pursuant to the Initial Purchase Agreement which have not previously been sold or contributed to the Purchaser; provided, however, that the Seller may, at its option on any Purchase Date, contribute all or any of such Receivables to the Purchaser pursuant to Section 2.06, instead of selling such Receivables to the Purchaser pursuant to this Section 2.02(b) . On or within five Business Days after the date of each such Purchase, the Purchaser shall pay the Purchase Price for such Purchase in the manner provided in Section 2.02(c) .
Subsequent Purchases. On each Business Day following the initial Purchase, unless either Seller or the Purchaser shall notify the other parties to the contrary, each Seller shall sell to the Purchaser and the Purchaser shall purchase from such Seller, upon satisfaction of the applicable conditions set forth in Article III, all Receivables originated by such Seller which have not previously been sold or contributed to the Purchaser; provided, however, that such Seller may, at its option on any Purchase Date, contribute all or any of such Receivables to the Purchaser pursuant to Section 2.06, instead of selling such Receivables to the Purchaser pursuant to this Section 2.02(b). On or within five Business Days after the date of each such Purchase, the Purchaser shall pay the Purchase Price for such Purchase in the manner provided in Section 2.02(c).
Subsequent Purchases. Subject to the terms and conditions of this Supplement, each Acquiring APA Bank hereby severally agrees to maintain its VFC Certificate, subject to increase or decrease during the Series 1998-1 Revolving Period, in accordance with the provisions of this Supplement.
Subsequent Purchases. On each Business Day following the initial Purchase, unless either party shall notify the other party to the contrary, the Seller shall sell to the Purchaser and the Purchaser shall Purchase from the Seller, upon satisfaction of the applicable conditions set forth in Article III, all Receivables originated or acquired by the Seller which have not previously been sold or contributed to the Purchaser; provided, however, that the Seller may, at its option on any Purchase Date, contribute all or any of such Receivables to the Purchaser pursuant to Section 2.06, instead of selling such Receivables to the Purchaser pursuant to this Section 2.02(b). The Purchaser shall, with respect to each Purchase hereunder, pay the Purchase Price for such Purchase in the manner provided in Section 2.02(c). Effective as of each Purchase Date, the Seller hereby sells, conveys, transfers and assigns to the Purchaser all Receivables originated or acquired by it and not previously sold, conveyed, transferred or assigned by it to the Purchaser.
Subsequent Purchases. On each Business Day following the Initial Purchase Date until the Facility Termination Date, unless any party shall notify the other parties to the contrary in accordance with Section 2.02(e), each Originator shall sell to the Purchaser and the Purchaser shall purchase from such Originator, all Receivable Assets owned by such Originator existing as of the close of business on the immediately preceding Business Day which have not previously been sold to the Purchaser. Each Purchase described herein shall automatically occur at 9 A.M. (New York time) on the date of such Purchase without any further action on the part of any party hereto. The Purchaser shall pay the Purchase Price for such Purchase in the manner provided in Section 2.02(c). Effective on each Purchase Date, each Originator hereby sells, conveys, transfers and assigns to the Purchaser all Receivable Assets not previously sold, conveyed, transferred or assigned to the Purchaser. ORIGINATOR PURCHASE AGREEMENT
Subsequent Purchases. On any date prior to the Commitment Expiration Date and upon the satisfaction of the conditions precedent set forth in Section 4.07 hereof, the Purchaser shall purchase Notes from time to time in amounts not to exceed the Available Commitment from time to time in effect (each a “Subsequent Purchase”); provided that the purchase price of any Subsequent Purchase of Notes shall not exceed the Available Commitment in effect on such date and that aggregate principal amount of all outstanding Notes shall not exceed the Initial Commitment Amount. The Purchaser’s Obligation to purchase Notes and the Commitment shall terminate on the Commitment Expiration Date. On the date of each Subsequent Purchase of Notes, one fully registered Note, in the aggregate principal amount equal to the amount of such Subsequent Purchase of Notes, shall be issued to and registered in the name of the Purchaser, or as otherwise directed by the Purchaser.
Subsequent Purchases. The exercise or non-exercise of the rights of the Investors under this Section 4 to purchase Offered Shares or participate in the sale of Offered Shares by a Founder Selling Shareholder shall not adversely affect their rights to make subsequent purchases of Offered Shares or subsequently participate in sales of Offered Shares by a Founder Selling Shareholder hereunder.
