Examples of Proposed Receivables in a sentence
The delivery of such Purchase Notice by Transmission shall constitute (i) an offer to sell the Proposed Receivables included in such Purchase Notice on the Purchase Date to occur in next succeeding Week, and (ii) a representation by the applicable Seller that each Proposed Receivable included in such Purchase Notice would be an Eligible Receivable as of the Purchase Date.
Purchaser has received true and correct copies of all the relevant documentation requested by the Purchaser relating to each of the Proposed Receivables.
The applicable Seller has delivered to the Account Debtor all property or performed all services required to be so delivered or performed by the terms of the documentation giving rise to the Proposed Receivables.
Xxxxx Fargo agrees (and each Seller hereby directs Xxxxx Fargo) to pay on each Purchase Date to the Applicable Seller Account(s) the Purchase Price for the Proposed Receivables specified in the related Funding Notice that Xxxxx Fargo has agreed to purchase pursuant to Section 2.1 on such Purchase Date.
Commencing on the date hereof and ending on the Purchase Termination Date, each Seller may from time to time offer to sell to Purchaser certain Proposed Receivables by submitting to Purchaser at least three (3) Business Days prior to any purchase of Proposed Receivables, a request substantially in the form of Exhibit B hereto (a “Purchase Request”), and Purchaser, in its sole discretion, may accept such offer and purchase from a Seller the Proposed Receivables identified in such Purchase Request.
Each Seller will make all disclosures required by applicable law or regulation with respect to the sale of the Proposed Receivables to the Purchaser and account for such sale in accordance with Generally Accepted Accounting Principles then in effect.
In no event shall Xxxxx Fargo purchase any Proposed Receivables if such purchase would result, as of the related Purchase Date (after giving effect to all Collections received as of such date), in (i) the Outstanding Purchase Price exceeding the Purchase Limit, (ii) the Outstanding Purchase Price of HP Receivables exceeding the HP Sublimit, or (iii) the Outstanding Purchase Price of Dell Receivables exceeding the Dell Sublimit.
Neither any Seller nor, to any Seller’s knowledge, any Account Debtor is in material default in the performance of any of the provisions of the documentation applicable to its transactions giving rise to any Proposed Receivables, including any of the Contracts relating to such Proposed Receivables.
In the event that as of such Purchase Date, the Outstanding Purchase Price would exceed the Purchase Limit, the HP Sublimit or the Dell Sublimit, then such Funding Notice shall only be effective as to the amount of those Proposed Receivables (as identified by Xxxxx Fargo) that would result in the Outstanding Purchase Price not exceeding the Purchase Limit, HP Sublimit or Dell Sublimit, as applicable.
No option, right, power, remedy, or privilege of the State shall be construed as being exhausted by the exercise thereof in one or more instances.