Common Contracts

41 similar Receivables Purchase Agreement contracts by LyondellBasell Industries N.V., Peabody Energy Corp, Avantor, Inc., others

FIRST AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT AMENDMENT NO. 4
Receivables Purchase Agreement • June 3rd, 2024 • Kelly Services Inc • Services-help supply services • New York

This FIRST AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT AMENDMENT NO. 4 (this “Amendment”), dated as of May 29, 2024, among Kelly Receivables Funding, LLC, as seller (the "Seller”), Kelly Services, Inc., as servicer (the "Servicer”), PNC Bank, National Association (“PNC”), as a Related Committed Purchaser, as Purchaser Agent for the PNC Purchaser Group, as LC Bank (in such capacity, the “LC Bank”)and as an LC Participant (in such capacity, the “LC Participant”), and PNC Bank, National Association, as administrator for each Purchaser Group (in such capacity, the “Administrator”), to FIRST AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (the “Receivables Purchase Agreement”), dated as of December 5, 2016, among Seller, Servicer, the various Purchasers and Purchaser Agents from time to time party thereto, LC Bank, LC Participant, and Administrator.

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SIXTH AMENDMENT TO RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • May 30th, 2024 • LyondellBasell Industries N.V. • Industrial organic chemicals • New York
SEVENTH AMENDMENT TO FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • May 2nd, 2024 • Wesco International Inc • Wholesale-electrical apparatus & equipment, wiring supplies

This FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of June 22, 2020, among WESCO RECEIVABLES CORP., a Delaware corporation, as seller (the “Seller”), WESCO DISTRIBUTION, INC., a Delaware corporation (“WESCO”), as initial servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), THE VARIOUS CONDUIT PURCHASERS, COMMITTED PURCHASERS AND PURCHASER AGENTS FROM TIME TO TIME PARTY HERETO, and PNC BANK, NATIONAL ASSOCIATION, as Administrator for each Purchaser Group (in such capacity, the “Administrator”).

THIRD AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT DATED AS OF MARCH 1, 2024 BY AND AMONG OWENS CORNING RECEIVABLES LLC, as Seller, OWENS CORNING SALES, LLC, as initial Servicer, THE VARIOUS CONDUIT PURCHASERS, RELATED COMMITTED PURCHASERS, LC...
Receivables Purchase Agreement • April 24th, 2024 • Owens Corning • Abrasive, asbestos & misc nonmetallic mineral prods • New York

This THIRD AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of March 1, 2024, by and among OWENS CORNING RECEIVABLES LLC, a Delaware limited liability company, as seller (the “Seller”), OWENS CORNING SALES, LLC, a Delaware limited liability company (“Owens Corning Sales”), as initial servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), the various CONDUIT PURCHASERS, RELATED COMMITTED PURCHASERS, LC BANKS and PURCHASER AGENTS from time to time party hereto, PNC BANK, NATIONAL ASSOCIATION (“PNC”), as administrator (in such capacity, together with its successors and assigns in such capacity, the “Administrator”), and PNC CAPITAL MARKETS LLC, a Pennsylvania limited liability company, as structuring agent (in such capacity, “Structuring Agent”).

Seventh Amendment to Amended and Restated Receivables Purchase Agreement
Receivables Purchase Agreement • February 22nd, 2024 • Knight-Swift Transportation Holdings Inc. • Trucking (no local) • New York

This Seventh Amendment to Amended and Restated Receivables Purchase Agreement (the “Amendment”), dated as of October 23, 2023, is entered into by and among Swift Receivables Company II, LLC (the “Seller”), Swift Transportation Services, LLC (the “Servicer”), the Conduit Purchasers party hereto, the Related Committed Purchasers party hereto, the Purchaser Agents party hereto, the LC Participants party hereto, PNC Bank, National Association, as LC Bank and as administrator (the “Administrator”), PNC Capital Markets LLC, as Structuring Agent and The Toronto-Dominion Bank (the “New Related Committed Purchaser”, the “New Purchaser Agent” and the “New LC Participant”) and GTA Funding LLC (the “New Conduit Purchaser”). All capitalized terms used herein and not defined herein shall have the meanings set forth in the hereinafter defined Purchase Agreement.

FIFTEENTH AMENDMENT TO THE RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • August 8th, 2023 • TransDigm Group INC • Aircraft parts & auxiliary equipment, nec • New York

This FIFTEENTH AMENDMENT TO THE RECEIVABLES PURCHASE AGREEMENT (this “Amendment”), dated as of July 25, 2023, is entered into by and among the following parties:

FIFTH AMENDMENT TO RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • August 4th, 2023 • LyondellBasell Industries N.V. • Industrial organic chemicals • New York
SIXTH AMENDMENT TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • February 23rd, 2023 • Knight-Swift Transportation Holdings Inc. • Trucking (no local) • New York
NINTH AMENDMENT TO THE SIXTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • February 14th, 2023 • Peabody Energy Corp • Bituminous coal & lignite surface mining • New York

Administrator with respect to such Pool Assets shall cease to be, a valid and enforceable first priority perfected ownership or security interest, free and clear of any Adverse Claim;

FIRST AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT AMENDMENT NO. 2
Receivables Purchase Agreement • January 5th, 2022 • Kelly Services Inc • Services-help supply services • New York
Exhibit A to Fifth Amendment to Amended and Restated Receivables Purchase Agreement
Receivables Purchase Agreement • August 4th, 2021 • Knight-Swift Transportation Holdings Inc. • Trucking (no local) • New York

This AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of June 14, 2013, among SWIFT RECEIVABLES COMPANY II, LLC, a Delaware limited liability company, as seller (the “Seller”), SWIFT TRANSPORTATION SERVICES, LLC, a Delaware limited liability company (“Swift”), as servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), the various Conduit Purchasers from time to time party hereto, the various Related Committed Purchasers from time to time party hereto, the various Purchaser Agents from time to time party hereto, the various LC Participants from time to time party hereto and PNC BANK, NATIONAL ASSOCIATION, as administrator (in such capacity, together with its successors and assigns in such capacity, the “Administrator”) and as issuer of Letters of Credit (in such capacity, together with its successors and assigns in

THIRD AMENDMENT TO SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • July 28th, 2021 • Owens Corning • Abrasive, asbestos & misc nonmetallic mineral prods • New York

reported on by independent certified public accountants of recognized national standing (without a “going concern” or like qualification or exception and without any qualification or exception as to the scope of such audit) to the effect that such consolidated financial statements present fairly in all material respects the financial condition and results of operations of Owens Corning and its Subsidiaries on a consolidated basis in accordance with generally accepted accounting principals consistently applied.

FOURTH AMENDMENT TO RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • July 2nd, 2021 • LyondellBasell Industries N.V. • Industrial organic chemicals • New York
RECEIVABLES PURCHASE AGREEMENT dated as of March 27, 2020 among
Receivables Purchase Agreement • March 30th, 2020 • Avantor, Inc. • Laboratory analytical instruments • New York

This RECEIVABLES PURCHASE AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of March 27, 2020, among AVANTOR RECEIVABLES FUNDING, LLC, a Delaware limited liability company, as seller (the “Seller”), VWR INTERNATIONAL, LLC, a Delaware limited liability company (together with its successors and permitted assigns, “VWR”), as servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), the various Conduit Purchasers from time to time party hereto, the various Related Committed Purchasers from time to time party hereto, the various Purchaser Agents from time to time party hereto, the various LC Participants from time to time party hereto and PNC BANK, NATIONAL ASSOCIATION, as administrator (in such capacity, together with its successors and assigns in such capacity, the “Administrator”) and as issuer of Letters of Credit (in such capacity, together with its successo

TWENTY-FIFTH AMENDMENT TO RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • December 9th, 2019 • Triumph Group Inc • Aircraft & parts • New York

This TWENTY-FIFTH AMENDMENT (this “Amendment”), dated as of December 6, 2019, is among TRIUMPH RECEIVABLES, LLC, a Delaware limited liability company, as seller (the “Seller”), TRIUMPH GROUP, INC., a Delaware corporation (“Triumph”), as servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), PNC CAPITAL MARKETS LLC, a Pennsylvania limited liability company, as Structuring Agent, and PNC BANK, NATIONAL ASSOCIATION, a national banking association (“PNC”), as a Related Committed Purchaser, as a Purchaser Agent, and as administrator (in such capacity, together with its successors and permitted assigns in such capacity, the “Administrator”). Capitalized terms used but not otherwise defined herein have the respective meanings assigned thereto in the Agreement (as defined below).

RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • July 10th, 2019 • Celanese Corp • Plastic material, synth resin/rubber, cellulos (no glass) • New York

WHEREAS, the parties hereto (other than PNC and PNCCM) have entered into that certain Receivables Purchase Agreement, dated as of August 28, 2013 (as amended by Amendment No. 1, dated as of August 31, 2013, Amendment No. 2, dated as of October 20, 2014, Amendment No. 3, dated as of February 2, 2015, the Omnibus Amendment, dated as of December 1, 2015, and the Omnibus Amendment No. 2, dated as of July 8, 2016, the “Receivables Purchase Agreement”).

SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT dated as of May 15, 2019 among CLOUD PEAK ENERGY RECEIVABLES LLC, as Seller, CLOUD PEAK ENERGY RESOURCES LLC, a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, as...
Receivables Purchase Agreement • May 17th, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York

any petition seeking liquidation, reorganization or other relief under any Federal, state or foreign bankruptcy, insolvency, receivership or similar law now or hereafter in effect, (ii) consent to the institution of, or fail to consent in a timely and appropriate manner, any proceeding or petition described in clause (A) above, (iii) apply for or consent to the appointment of a receiver, trustee, custodian, sequestrator, conservator or similar official for the Seller or for a substantial part of its assets, (iv) file an answer admitting the material allegations of a petition filed against it in any such proceeding, (v) make a general assignment for the benefit of creditors or (vi) take any action for the purpose of effecting any of the foregoing or (C) the Seller shall become unable, admit in writing its inability or fail generally to pay its debts as they become due,

SECOND AMENDMENT TO THIRD AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • October 23rd, 2018 • Arch Coal Inc • Bituminous coal & lignite surface mining • New York

This THIRD AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of October 5, 2016, by and among ARCH RECEIVABLE COMPANY, LLC, a Delaware limited liability company, as seller (the “Seller”), ARCH COAL SALES COMPANY, INC., a Delaware corporation (“Arch Sales”), as initial servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), the various CONDUIT PURCHASERS, RELATED COMMITTED PURCHASERS, LC PARTICIPANTS and PURCHASER AGENTS from time to time party hereto and PNC BANK, NATIONAL ASSOCIATION, a national banking association (“PNC”), as administrator (in such capacity, together with its successors and assigns in such capacity, the “Administrator”) and as issuer of Letters of Credit (in such capacity, together with its successors and assigns in such capacity, the “LC Bank”).

THIRD AMENDMENT TO RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • July 27th, 2018 • LyondellBasell Industries N.V. • Industrial organic chemicals • New York

proceeding (including the entry of an order for relief against, or the appointment of a receiver, trustee, custodian or other similar official for, it or for any substantial part of its property) shall occur; or the Seller, the Parent, the Servicer or any Originator shall take any corporate or organizational action to authorize any of the actions set forth above in this paragraph;

SECOND AMENDMENT TO THE SIXTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • February 26th, 2018 • Peabody Energy Corp • Bituminous coal & lignite surface mining • New York

winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking the entry of an order for relief or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its property and, in the case of any such proceeding instituted against it (but not instituted by it), either such proceeding shall remain undismissed or unstayed for a period of 60 days, or any of the actions sought in such proceeding (including the entry of an order for relief against, or the appointment of a receiver, trustee, custodian or other similar official for, it or for any substantial part of its property) shall occur; or the Seller, Peabody or any Originator shall take any corporate or organizational action to authorize any of the actions set forth above in this paragraph;

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TWENTIETH AMENDMENT TO RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • November 7th, 2017 • Triumph Group Inc • Aircraft & parts • New York

proceeding shall remain undismissed or unstayed for a period of 60 days, or any of the actions sought in such proceeding (including the entry of an order for relief against, or the appointment of a receiver, trustee, custodian or other similar official for, it or for any substantial part of its property) shall occur; or the Seller, Triumph, the Servicer or any Originator shall take any corporate action to authorize any of the actions set forth above in this paragraph;

SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT DATED AS OF MAY 5, 2017 BY AND AMONG OWENS CORNING RECEIVABLES LLC, as Seller, OWENS CORNING SALES, LLC, as initial Servicer, THE VARIOUS CONDUIT PURCHASERS, RELATED COMMITTED PURCHASERS, LC...
Receivables Purchase Agreement • May 9th, 2017 • Owens Corning • Abrasive, asbestos & misc nonmetallic mineral prods • New York

proceeding instituted against it (but not instituted by it), either such proceeding shall remain undismissed or unstayed for a period of 60 days, or any of the actions sought in such proceeding (including the entry of an order for relief against, or the appointment of a receiver, trustee, custodian or other similar official for, it or for any substantial part of its property) shall occur; or the Seller, the Performance Guarantor, the Servicer or any Originator shall take any corporate or organizational action to authorize any of the actions set forth above in this paragraph;

SIXTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT DATED AS OF APRIL 3, 2017 BY AND AMONG P&L RECEIVABLES COMPANY, LLC, as Seller, PEABODY ENERGY CORPORATION, as initial Servicer, PEABODY ARCLAR MINING, LLC, PEABODY MIDWEST MINING, LLC,...
Receivables Purchase Agreement • April 3rd, 2017 • Peabody Energy Corp • Bituminous coal & lignite surface mining • New York

the Seller, Peabody or any Originator seeking to adjudicate it as bankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking the entry of an order for relief or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its property and, in the case of any such proceeding instituted against it (but not instituted by it), either such proceeding shall remain undismissed or unstayed for a period of 60 days, or any of the actions sought in such proceeding (including the entry of an order for relief against, or the appointment of a receiver, trustee, custodian or other similar official for, it or for any substantial part of its property) shall occur; or the Seller, Peabody or any Originator shall take any corporate or organizational action to aut

AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT dated as of January 31, 2017 among CLOUD PEAK ENERGY RECEIVABLES LLC, as Seller, CLOUD PEAK ENERGY RESOURCES LLC, as Servicer, THE VARIOUS CONDUIT PURCHASERS, RELATED COMMITTED PURCHASERS, LC...
Receivables Purchase Agreement • February 1st, 2017 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York

Originator or for a substantial part of its assets, and, in any such case, such proceeding or petition shall continue undismissed for 60 days or an order or decree approving or ordering any of the foregoing shall be entered, (B) the Seller, the Parent, Cloud Peak, the Servicer or any Originator shall (i) voluntarily commence any proceeding or file any petition seeking liquidation, reorganization or other relief under any Federal, state or foreign bankruptcy, insolvency, receivership or similar law now or hereafter in effect, (ii) consent to the institution of, or fail to consent in a timely and appropriate manner, any proceeding or petition described in clause (A) above, (iii) apply for or consent to the appointment of a receiver, trustee, custodian, sequestrator, conservator or similar official for the Seller, the Parent, Cloud Peak, the Servicer or any Originator or for a substantial part of its assets, (iv) file an answer admitting the material allegations of a petition filed agains

THIRD AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT DATED AS OF OCTOBER 5, 2016 BY AND AMONG ARCH RECEIVABLE COMPANY, LLC, as Seller, ARCH COAL SALES COMPANY, INC., as initial Servicer, THE VARIOUS CONDUIT PURCHASERS, RELATED COMMITTED...
Receivables Purchase Agreement • October 11th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining • New York

part of its property and, in the case of any such proceeding instituted against it (but not instituted by it), either such proceeding shall remain undismissed or unstayed for a period of 60 days, or any of the actions sought in such proceeding (including the entry of an order for relief against, or the appointment of a receiver, trustee, custodian or other similar official for, it or for any substantial part of the property) shall occur, or the Seller, ACI and the Transferor or any Originator shall take any corporate or organizational action to authorize any of the actions set forth above in this paragraph;

FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • March 31st, 2016 • Peabody Energy Corp • Bituminous coal & lignite surface mining • New York

This FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of March 25, 2016, by and among P&L RECEIVABLES COMPANY, LLC, a Delaware limited liability company, as seller (the “Seller”), PEABODY ENERGY CORPORATION, a Delaware corporation (“Peabody”), as initial servicer (in such capacity, collectively, together with its successors and permitted assigns in such capacity, the “Servicer”), PEABODY ARCLAR MINING, LLC, an Indiana limited liability company, PEABODY MIDWEST MINING, LLC, an Indiana limited liability company, TWENTYMILE COAL, LLC, a Delaware limited liability company, PEABODY CABALLO MINING, LLC, a Delaware limited liability company, COALSALES II, LLC, a Delaware limited liability company, PEABODY WESTERN COAL COMPANY, a Delaware corporation, PEABODY POWDER RIVER MINING, LLC, a Delaware limited liability company, PEABODY HOLDING COMPANY, LLC, a Delaware limited liability co

SECOND AMENDMENT TO RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • August 28th, 2015 • LyondellBasell Industries N.V. • Industrial organic chemicals • New York
RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • September 3rd, 2013 • Celanese Corp • Plastic material, synth resin/rubber, cellulos (no glass) • New York
AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT dated as of June 14, 2013
Receivables Purchase Agreement • August 2nd, 2013 • SWIFT TRANSPORTATION Co • Trucking (no local) • New York

This AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of June 14, 2013, among SWIFT RECEIVABLES COMPANY II, LLC, a Delaware limited liability company, as seller (the “Seller”), SWIFT TRANSPORTATION SERVICES, LLC, a Delaware limited liability company (“Swift”), as servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), the various Conduit Purchasers from time to time party hereto, the various Related Committed Purchasers from time to time party hereto, the various Purchaser Agents from time to time party hereto, the various LC Participants from time to time party hereto and PNC BANK, NATIONAL ASSOCIATION, as administrator (in such capacity, together with its successors and assigns in such capacity, the “Administrator”) and as issuer of Letters of Credit (in such capacity, together with its successors and assigns in

FOURTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT
Receivables Purchase Agreement • May 3rd, 2013 • Peabody Energy Corp • Bituminous coal & lignite surface mining • Illinois

This FOURTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of May 1, 2013, by and among P&L RECEIVABLES COMPANY, LLC, a Delaware limited liability company, as seller (the “Seller”), PEABODY ENERGY CORPORATION, a Delaware corporation (“Peabody”), as initial servicer (in such capacity, collectively, together with its successors and permitted assigns in such capacity, the “Servicer”), PEABODY ARCLAR MINING, LLC, an Indiana limited liability company, PEABODY MIDWEST MINING, LLC, an Indiana limited liability company, TWENTYMILE COAL, LLC, a Delaware limited liability company, PEABODY CABALLO MINING, LLC, a Delaware limited liability company, COALSALES II, LLC, a Delaware limited liability company, PEABODY WESTERN COAL COMPANY, a Delaware corporation, PEABODY POWDER RIVER MINING, LLC, a Delaware limited liability company, PEABODY HOLDING COMPANY, LLC, a Delaware limited liability comp

RECEIVABLES PURCHASE AGREEMENT DATED AS OF SEPTEMBER 11, 2012 BY AND AMONG LYB RECEIVABLES LLC, as Seller, LYONDELL CHEMICAL COMPANY, as initial Servicer, THE VARIOUS CONDUIT PURCHASERS, RELATED COMMITTED PURCHASERS, LC PARTICIPANTS AND PURCHASER...
Receivables Purchase Agreement • September 14th, 2012 • LyondellBasell Industries N.V. • Industrial organic chemicals • New York

sought in such proceeding (including the entry of an order for relief against, or the appointment of a receiver, trustee, custodian or other similar official for, it or for any substantial part of its property) shall occur; or the Seller, the Parent, the Servicer or any Originator shall take any corporate or organizational action to authorize any of the actions set forth above in this paragraph;

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