Common use of True Sales Clause in Contracts

True Sales. (a) Each of each Originator and the Initial Purchaser intend the transactions hereunder to constitute true sales (or in the case of Contributed Receivables, conveyances in the form of capital contributions) of Pool Receivables and the Related Rights by such Originator to the Initial Purchaser providing the Initial Purchaser with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Initial Purchaser to D&K.

Appears in 1 contract

Samples: Purchase and Sale Agreement (D & K Healthcare Resources Inc)

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True Sales. (a) Each of each Originator and the Initial Purchaser and each Originator intend the transactions hereunder to constitute true sales (or in the case of Contributed Receivables, conveyances in the form of capital contributions) of Pool Receivables and the Related Rights by such Originator to the Initial Purchaser providing the Initial Purchaser with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Initial Purchaser to D&K.Maxtor.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Maxtor Corp)

True Sales. (a) Each of each Originator the Originators and the Initial Purchaser Company intend the transactions hereunder to constitute true sales (or or, in the case of Contributed Receivables, conveyances in the form of capital contributions) of Pool Receivables and the Related Rights by such Originator each of the Originators to the Initial Purchaser Company, providing the Initial Purchaser Company with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Initial Purchaser Company to D&K.any Originator.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Terra Industries Inc)

True Sales. (a) Each of each Originator and the Initial Purchaser intend the transactions hereunder to constitute true sales (or in the case of Contributed Receivables, conveyances in the form of capital contributions) of Pool Receivables and the Related Rights by such Originator to the Initial Purchaser providing the Initial Purchaser with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Initial Purchaser to D&K.such Originator.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Conmed Corp)

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True Sales. (a) Each of each Originator and the Initial Purchaser intend the transactions hereunder to constitute true sales (or in the case of Contributed Receivables, conveyances in the form of capital contributions) of Pool Receivables and the Related Rights Assets by such each Originator to the Initial Purchaser providing the Initial Purchaser with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Initial Purchaser to D&K.any Originator.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mail Well Inc)

True Sales. (a) Each of each Originator the Originators and the Initial Purchaser intend the transactions hereunder to constitute true sales (or in where the case of Contributed ReceivablesSubscription Agreement applies, conveyances in the form of capital contributions) of Pool Receivables and Related Assets by each of the Related Rights by such Originator Originators to the Initial Purchaser Purchaser, providing the Initial Purchaser with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Initial Purchaser to D&K.any Originator.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Standard Products Co)

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