Examples of Existing Factoring Agreement in a sentence
The Borrowers will use the proceeds of each Credit Event for general corporate purposes and to effect the repurchase under and termination of or, refinancing (or discharge) of Indebtedness under, the Existing Factoring Agreement.
Accordingly Prestige, Empery and the Financing Parties agreed that the Canada Factoring Agreement will be treated the same as the Existing Factoring Agreement, that the Factoring Collateral and the Factoring Priority Collateral shall include the assets described therein of both the Company and CMP and the term Factored Accounts shall refer to those accounts of both the Company and CMP factored by Prestige.
The Factoring Representative, on behalf of itself and the Factoring Secured Parties, hereby consents to the incurrence by the Company and the other Financing Parties of all Notes Obligations and the entry into and performance of all Notes Documents at any time and from time to time, notwithstanding the provisions of Section 5(i) of the Existing Factoring Agreement or any other prohibition on the incurrence of Liens or indebtedness contained in any Factoring Agreement.
The Financing Parties represent and warrant that (i) there have been no material modifications, amendments or variations to the Existing Factoring Agreement other than those listed in the recitals hereto and (ii) upon this Agreement taking effect, the execution and delivery of the Note Documents will not conflict with, constitute a default under, or constitute a breach of, the Existing Factoring Agreement.
The parties hereto agree that the Existing Factoring Agreement is hereby amended and restated in its entirety by this Agreement.
It is a condition to Purchaser’s willingness to make loans and other financial accommodations to or for the benefit of the Seller under this Agreement that Seller agree to amend and restate the Existing Factoring Agreement in its entirety as hereinafter set forth.
Without in any way limiting the foregoing, all affirmative and negative covenants and other obligations as set forth in the Existing Factoring Agreement are hereby amended and restated in their entirety by the covenants and other obligations set forth in this agreement and all affirmative and negative covenants and other obligations as set forth in the Existing Factoring Agreement shall be of no further force and effect after the Effective Date.
Capital and Topsville are parties to a written factoring agreement, dated July 1, 2000, which agreement was amended by a writing dated August 31, 2001 and has not otherwise been amended (the said agreement, as amended, is referred to as the "Existing Factoring Agreement" or "EFA").
Use the proceeds of each Credit Event solely for (a) working capital, capital expenditures, Permitted Business Acquisitions and other general corporate purposes not in violation of this Agreement or the other Loan Documents, (b) to effect the repurchase under and termination of or, refinancing (or discharge) of Indebtedness under, the Existing Factoring Agreement, and (c) costs, expenses and fees in connection with the Credit Facility.
This Agreement amends and renews the Existing Factoring Agreement as of the Effective Date.