Class A Note Purchaser definition
Examples of Class A Note Purchaser in a sentence
The Issuer, the Purchaser, the Seller, the Servicer, the Class B Note Purchasers and the Class B Noteholders hereby waive any and all conflicts of interest (if any) that may arise in respect of the exercise of any such rights or remedies by the Class A Note Purchaser or any Class A Noteholder.
If there is more than one Class A Note Purchaser, the Class A Notes shall be allocated between or among the Class A Note Purchasers in proportion to the Outstanding Principal Balance of their Class B Notes or on such other basis as such Holders of Class B Notes may agree, and the Class A Note Purchase Date shall be the date specified in the related Purchase Option Notice delivered by such Class A Note Purchasers.
No amendment to or waiver of any provision of this Agreement, nor consent to any departure by CPS, the Issuer or the Class A Note Purchaser therefrom, shall in any event be effective unless the same shall be in writing and signed by CPS, the Issuer and the Class A Note Purchaser.
Accordingly, any action taken or omitted by the Class A Note Purchaser or any Class A Noteholder under this Agreement or any other Basic Document may not be in the interests of, and may be directly adverse to the interests of, the Issuer, the Purchaser, the Seller, the Servicer, the Class B Note Purchasers and the Class B Noteholders (or any of them).
CPS will give notice to the Class A Note Purchaser if at any time it or any Affiliate has any obligations or liabilities with respect to any Plan or Multiemployer Plan.
Such additional amounts shall be payable by the Issuer to the Class A Note Purchaser within five (5) Business Days of its receipt of such notice, and such notice shall, in the absence of manifest error, be conclusive and binding on the Issuer.
Absent manifest error, such record of the Class A Note Purchaser shall be dispositive with respect to the determination of the outstanding principal amount of the Class A Notes.
Neither CPS nor any of its Affiliates maintain any Plans (other than CPS's defined contribution (401(k)) plan and the MFN Financial Corporation Pension Plan), and CPS agrees to notify the Class A Note Purchaser in advance of forming any Plans.
The obligations and responsibilities of the Class A Note Purchaser created hereby shall terminate on the Class A Facility Termination Date.
CPS shall notify the Class A Note Purchaser in writing, promptly upon its learning thereof, of any litigation, arbitration or administrative proceeding which may reasonably be expected to have a Material Adverse Effect or result in a Material Adverse Change.