Existing Receivables Financing means the receivables financing and related transactions in connection with (i) that certain Amended and Restated Receivables Purchase Agreement, dated as of April 30, 2007, by and among the Company, CNX Funding Corporation and the other parties from time to time party thereto, and (ii) that certain Purchase and Sale Agreement, dated as of April 30, 2003, by and among CNX Funding Corporation, the Company and the other parties from time to time party thereto, in each case as amended, restated, renewed supplemented or otherwise modified from time to time.
Existing Receivables Financing means each of (i) the factoring program that Xxxxxxx Controls Battery Group, Inc. maintains with JPMorgan Chase Bank, N.A., (ii) the factoring program Xxxxxxx Controls Battery Group, Inc. maintains with Xxxxx Fargo Bank, N.A., (iii) the factoring program Shanghai Xxxxxxx Controls International Battery Co., Ltd. maintains with JPMorgan Chase Bank (China) Company Limited and (iv) the factoring program Xxxxxxx Controls Delkor Battery Corporation maintains with Standard Charted Bank and, in each case, any extension, replacement, renewal or refinancing thereof (including, for the avoidance of doubt, in the case of clauses (i) and (ii), the receivables purchase facility (or a similar facility) arranged or to be arranged by Xxxxx Fargo Bank, N.A. and disclosed to the Lead Arrangers prior to the date hereof).
Existing Receivables Financing. (a) each receivables financing transaction existing on the Closing Date and set forth on Schedule 7.3(m) attached hereto and (b) each receivables financing transaction entered into after the Closing Date which satisfies the criteria for a Permitted Receivables Financing.
Examples of Existing Receivables Financing in a sentence
The Existing Receivables Financing Agreement is hereby amended as shown on the marked pages set forth on Exhibit A attached hereto.
The Collateral Agent acknowledges that the Receivables and Gift Shop Assets of such Grantors that are disposed of or subject to a Lien in connection with the Existing Receivables Financing are not subject to the Liens of this Agreement.
Effective as of the Amendment Effective Date, Annex I of the Existing Receivables Financing Agreement is hereby amended as set forth in Exhibit B to this Amendment, with text marked in underline indicating additions to Annex I of the Existing Receivables Financing Agreement and with text marked in strikethrough indicating deletions to Annex I of the Existing Receivables Financing Agreement.
In order to, among other things, further evidence the foregoing transactions and intentions, the parties will amend and restate the Existing Collateral Documents and the Existing Receivables Financing Agreements, and will enter into certain other agreements.
Without limiting the foregoing, all of the Collateral satisfies the definition of “Securitization Assets” sold to a “Special Purpose Securitization Subsidiary” in connection with a “Permitted Securitization Financing,” and therefore is “Excluded Property” that is free and clear of any Adverse Claim of any Existing Specified Secured Debt or Debt evidenced by the Existing Receivables Financing Agreement.
More Definitions of Existing Receivables Financing
Existing Receivables Financing means each of (i) the factoring program that Xxxxxxx Controls Battery Group, Inc. maintains with JPMorgan Chase Bank, N.A., (ii) the factoring program Xxxxxxx Controls Battery Group, Inc. maintains with Xxxxx Fargo Bank, N.A., (iii) the factoring program Shanghai Xxxxxxx Controls International Battery Co., Ltd. maintains with JPMorgan Chase Bank (China) Company Limited and (iv) the factoring program Xxxxxxx Controls Delkor Battery Corporation maintains with Standard Charted Bank (it being understood that as of the Completion Date the accounts of AutoZone, Advance Auto Parts and X’Xxxxxx Auto Parts are factored pursuant to the factoring agreements referenced in clauses (i) and (ii)) and, in each case, any extension, replacement, renewal or refinancing hereof.
Existing Receivables Financing means the receivables financing pursuant to the following agreements each dated as of October 5, 2016, as may be amended, restated or otherwise modified from time to time: (1) the Second Amended and Restated Purchase and Sale Agreement by and among Arch Coal Sales Company, Inc., certain of the Borrower’s Subsidiaries as the Originators thereunder and the Borrower, (2) the Second Amended and Restated Sale and Contribution Agreement by and among the Borrower and Arch Receivable Company, LLC, (3) the Third Amended and Restated Receivables Purchase Agreement by and among Arch Receivable Company, LLC, Arch Coal Sales Company, Inc., certain financial institutions from time to time parties thereto, as LC Participants (as defined therein), certain financial institutions from time to time parties thereto, as conduit purchasers, related committed purchasers, and purchaser agents and PNC Bank, National Association, as Administrator on behalf of the Purchasers and as LC Bank, and (4) other related agreements and documents.
Existing Receivables Financing means the receivables financing pursuant to the following agreements, each dated as of October 5, 2016, and in each case as may be amended, restated, supplemented or otherwise modified from time to time: (1) the Second Amended and Restated Purchase and Sale Agreement by and among Arch Coal Sales Company, Inc., certain of the Borrower’s Subsidiaries as the Originators (as defined therein) thereunder and the Borrower, (2) the Second Amended and Restated Sale and Contribution Agreement by and among the Borrower and Arch Receivable Company, LLC, (3) the Third Amended and Restated Receivables Purchase Agreement by and among Arch Receivable Company, LLC, Arch Coal Sales Company, Inc., certain financial institutions from time to time parties thereto, as LC Participants (as defined therein), certain financial institutions from time to time parties thereto, as conduit purchasers, related committed purchasers, and purchaser agents and PNC Bank, National Association, as Administrator (as defined therein) on behalf of the Purchasers (as defined therein) and as LC Bank (as defined therein), (4) the Third Amended and Restated Performance Guaranty, dated as of October 5, 2016, between the Borrower and PNC Bank, National Association, as Administrator (as defined therein), (5) the Amended and Restated Originator Performance Guaranty, dated as of October 5, 2016, among certain of the Borrower’s Subsidiaries as the Originators (as defined therein) and PNC Bank, National Association, as Administrator (as defined therein) and (6) other related agreements and documents.
Existing Receivables Financing means each of (i) the factoring program that Xxxxxxx Controls Battery Group, Inc. maintains with JPMorgan Chase Bank, N.A., (ii) the factoring program Xxxxxxx Controls Battery Group, Inc. maintains with Xxxxx Fargo Bank, N.A., (iii) the factoring program Shanghai Xxxxxxx Controls International Battery Co., Ltd. maintains with JPMorgan Chase Bank (China) Company Limited and (iv) the factoring program Xxxxxxx Controls Delkor Battery Corporation maintains with Standard Charted Bank (it being understood that as of the Closing Date the Accounts of AutoZone, Inc., Advance Auto Parts, Inc. and O’Reilly Automotive, Inc. and each of their controlled Affiliates are factored pursuant to the factoring agreements referenced in clauses (i) and (ii)) and, in each case, any extension, replacement, renewal or refinancing thereof (including, for the avoidance of doubt, in the case of clauses (i) and (ii), the receivables purchase facility (or a similar facility) arranged or to be arranged by Xxxxx Fargo Bank, N.A. and disclosed to the Lead Arrangers prior to the date hereof).
Existing Receivables Financing has the meaning specified in the Preliminary Statements.
Existing Receivables Financing means each of (i) the factoring program that Clarios, LLC or its affiliate maintains with JPMorgan Chase Bank, N.A., (ii) the factoring program Clarios, LLC or its affiliate maintains with Xxxxx Fargo Bank, N.A., (iii) the factoring program Shanghai Xxxxxxx Controls International Battery Co., Ltd. maintains with JPMorgan Chase Bank (China) Company Limited and (iv) the factoring program Xxxxxxx Controls Delkor Battery Corporation maintains with Standard Charted Bank and, in each case, any extension, replacement, renewal or refinancing hereof.
Existing Receivables Financing means any transactions under (a) the Receivables Purchase Agreement dated as of April 1, 2019, by and among Jeanswear Receivables, LLC and Xxxxx Fargo Bank, National Association, and related documentation, and (b) any refinancing, renewal, replacement or extension of any such receivables financing referred to in clause (a) (or any successive refinancings, renewals, replacements or extensions) (collectively, a “Replacement” and the financing subject to such Replacement, the “Replaced Receivables Financing”), so long as the aggregate principal amount of such Replacement does not exceed the aggregate principal amount of the Replaced Receivables Financing. “Fair Market Value” means, with respect to any asset or liability, the fair market value of such asset or liability as determined by Senior Management of the Company in good faith. “Fitch” means Fitch Ratings Inc. “Foreign Holding Company” means any (i) Subsidiary, all or substantially all of the assets of which consist of the Capital Stock of one or more CFCs and/or intercompany loans, indebtedness or receivables owed by any CFC, and (ii) Disregarded Entity, all or substantially all of the assets of which consist of the Capital Stock of one or more Subsidiaries described in part (i) of this definition. “Foreign Subsidiary” means any Restricted Subsidiary that is not organized under the laws of the United States of America or any state thereof or the District of Columbia, and any Restricted Subsidiary of such Foreign Subsidiary. “GAAP” means generally accepted accounting principles in the United States of America as in effect as from time to time; provided that if the Company notifies the Trustee following the effectiveness of any applicable Accounting Change that the Company requests an amendment to any provision hereof to eliminate the effect of such Accounting Change or in the application thereof on the operation of such provision, regardless of whether any such notice is given before or after such Accounting Change or in the application thereof, then such provision shall be interpreted on the basis of GAAP as in effect and applied immediately before such Accounting Change shall have become effective until such notice shall have been withdrawn or such provision amended in accordance herewith. “Government Securities” means securities that are (1) direct obligations of the United States of America for the timely payment of which its full faith and credit is pledged or (2) obligations of a Person controlled ...