ING Facility definition
Examples of ING Facility in a sentence
Effective upon the date of return of all such Collateral required to be returned under the terms of this Agreement, (x) any modifications to the MAPA made by this Agreement (other than the modifications made under Section 2.06(c) hereof) shall be disregarded, and (y) the MAPA shall govern the respective rights and obligations of the Voya Parties, SLD and the Hannover Parties with respect to the ING Facility and any future Buyers Facility to replace such ING Facility.
In addition, the Seller hereby acknowledges that the Purchasers have agreed pursuant to the ING Purchase Agreement to sell an interest in the Purchased Assets to ING, subject to the terms set forth therein and that upon the occurrence of the Collection Date, ING shall be entitled to exercise all the rights and remedies of the Purchasers contained herein and in the other ING Facility Documents.
From and after the occurrence of the Collection Date and the assignment of rights contemplated under SECTION 5.04, ING may exercise any remedies available to Triple-A or the Collateral Agent under the Triple-A Purchase Agreement and the other ING Facility Documents.
Notwithstanding any other provisions, all payments made to ING hereunder or under any other ING Facility Documents shall be subject to Section 5.01 of the ING Purchase Agreement, and ING’s rights to take any Enforcement Action shall be limited to as set forth in Section 5.02 of the ING Purchase Agreement.
Except for the SunTrust Facility Fee, the ING Facility Fee and except for fees paid to SunTrust Equitable Securities, Inc., no broker's or finder's fee, commission or similar compensation will be payable with respect to the transactions contemplated by this Agreement.
In addition, the Seller hereby acknowledges that Triple-A has agreed pursuant to the ING Purchase Agreement to sell an interest in the Purchased Assets to ING, subject to the terms set forth therein and that upon the occurrence of the Collection Date, ING shall be entitled to exercise all the rights and remedies of Triple-A contained herein and in the other ING Facility Documents.
Following such termination, the Voya Parties, SLD and the Hannover Parties shall treat this terminated Hannover Re Facility amount as an “ING Facility” under the MAPA, and the MAPA (as modified by Section 2.06(c) hereof) shall govern the respective rights and obligations of the Voya Parties, SLD and the Hannover Parties with respect to such ING Facility.
If the Collection Date has occurred, but the Combined Collection Date has not occurred, Triple-A and the Collateral Agent shall, at the request of ING, assign all of their rights in the Triple-A Purchase Agreement and the other ING Facility Documents to ING.
Notwithstanding any other provisions, all payments made to ING hereunder or under any other ING Facility Documents shall be subject to SECTION 5.01 of the ING Purchase Agreement, and ING's rights to take any Enforcement Action shall be limited to as set forth in SECTION 5.02 of the ING Purchase Agreement.
Under no circumstances shall ING make any ING Receivables Interest Purchase if, after giving effect to such ING Receivables Interest Purchase, (a) the aggregate outstanding ING Capital hereunder would exceed the least of (i) the ING Facility Limit or (ii) the ING Capital Limit, or (b) the aggregate outstanding Combined Capital would exceed the least of (i) the Combined Facility Limit or (ii) the Combined Capital Limit.