Common use of Transfer to Investors Clause in Contracts

Transfer to Investors. Each Investor hereby agrees, subject to Section 2.4, that immediately upon written notice from Falcon delivered on or prior to the Liquidity Termination Date, it shall acquire by assignment from Falcon, without recourse or warranty, its Pro Rata Share of one or more of the Receivable Interests of Falcon as specified by Falcon. Each Investor shall promptly pay to the Agent at an account designated by the Agent, for the benefit of Falcon, its Acquisition Amount. Unless an Investor has notified the Agent that it does not intend to pay its Acquisition Amount, the Agent may assume that such payment has been made and may, but shall not be obligated to, make the amount of such payment available to Falcon in reliance upon such assumption. Falcon hereby sells and assigns to the Agent for the ratable benefit of the Investors, and the Agent hereby purchases and assumes from Falcon, effective upon the receipt by Falcon of the Falcon Transfer Price, the Receivable Interests of Falcon which are the subject of any transfer pursuant to this Article II.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Metals Usa Inc), Receivables Purchase Agreement (Bindley Western Industries Inc), Receivables Purchase Agreement (Metals Usa Inc)

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Transfer to Investors. Each Investor hereby agrees, --------------------- subject to Section 2.4SECTION 3.04, that immediately upon written notice from Falcon delivered on or prior to the Liquidity Termination Date, it shall acquire by assignment from Falcon, . without recourse or warranty, its Pro Rata Share of one or more of the Receivable Interests of Falcon as specified by Falcon. Each Investor shall promptly pay to the Agent at an account designated by the Agent, for the benefit of Falcon, its Acquisition Amount. Unless an Investor has notified the Agent that it does not intend to pay its Acquisition Amount, the Agent may assume that such payment has been made and may, but shall not be obligated to, make the amount of such payment available to Falcon in reliance upon such assumption. Falcon hereby sells and assigns to the Agent for the ratable benefit of the Investors, and the Agent hereby purchases and assumes from Falcon, effective upon the receipt by Falcon of the Falcon Transfer Price, the Receivable Interests of Falcon which are the subject of any transfer pursuant to this Article IIARTICLE III.

Appears in 1 contract

Samples: Receivable Interest Purchase Agreement (Federal Mogul Corp)

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Transfer to Investors. Each Investor hereby agrees, subject to Section 2.4, that immediately upon written notice from Falcon delivered on or prior to the Liquidity Termination Date, it shall acquire by assignment from Falcon, without recourse or warranty, its Pro Rata Share of one or more of the Receivable Interests of Falcon as specified by Falcon. Each Investor shall promptly pay to the Administrative Agent at an account designated by the Administrative Agent, for the benefit of Falcon, its Acquisition AmountAmount in Dollars. Unless an Investor has notified the Administrative Agent that it does not intend to pay its Acquisition Amount, the Administrative Agent may assume that such payment has been made and may, but shall not be obligated to, make the amount of such payment available to Falcon in reliance upon such assumption. Falcon hereby sells and assigns to the Administrative Agent for the ratable benefit of the Investors, and the Administrative Agent hereby purchases and assumes from Falcon, effective upon the receipt by Falcon of the Falcon Transfer Price, the Receivable Interests of Falcon which are the subject of any transfer pursuant to this Article II.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Donnelly Corp)

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