Receivables Financing SPC means, in respect of any Permitted Receivables Financing, any Subsidiary or Affiliate of the Borrower to which any Loan Party sells, contributes or otherwise conveys Transferred Assets in connection with such Permitted Receivables Financing and each general partner of any such Subsidiary or Affiliate.
Receivables Financing SPC means (1) a wholly-owned direct Subsidiary of a Loan Party which engages in no activities other than in connection with the financing of Transferred Assets pursuant to a Permitted Receivables Financing that meets the following criteria: (a) no portion of the Indebtedness or any other obligations (contingent or otherwise) of which (i) is guaranteed by the Borrower or any other Subsidiary of the Borrower (excluding guarantees of obligations (other than the principal of, and interest on, Indebtedness)) pursuant to customary securitization undertakings, (ii) is recourse to or obligates the Borrower or any other Subsidiary of the Borrower in any way (other than pursuant to customary securitization undertakings) or (iii) subjects any property or asset (other than the Transferred Assets) of the Borrower or any other Subsidiary of the Borrower, directly or indirectly, contingently or otherwise, to the satisfaction thereof, other than pursuant to customary securitization undertakings, (b) with which neither the Borrower nor any of its other Subsidiaries has any contract, agreement, arrangement or understanding (other than pursuant to the Permitted Receivables Financing documentation (including with respect to the servicing of the accounts receivable and related assets and the administration of the Receivables Financing SPC)) on terms less favorable to the Borrower or such Subsidiary than those that might be obtained at the time from persons that are not Affiliates of the Borrower (as determined by the Borrower in good faith), and (c) to which neither the Borrower nor any other Subsidiary of the Borrower has any obligation to maintain or preserve such entity’s financial condition or cause such entity to achieve certain levels of operating results and (2) each general partner of any such Subsidiary described in clause (1) that meets all of the criteria set forth in clause (1).
Receivables Financing SPC means, in respect of the Securitization Facility, the Factoring Facility and/or any other Permitted Receivables Financing, Cincinnati Bell Funding LLC, Cincinnati Bell Funding Canada LTD and any other Subsidiary or Affiliate of the Borrower to which the Borrower or any Restricted Subsidiary sells, contributes or otherwise conveys any Transferred Assets in connection with the Securitization Facility, the Factoring Facility and/or such other Permitted Receivables Financing.
Examples of Receivables Financing SPC in a sentence
Notwithstanding the forgoing, this Section 7(b) shall not apply to Accounts that are not Collateral or that have been sold, transferred or conveyed to a Receivables Financing SPC pursuant to a Permitted Receivables Financing.
The Borrower will not, nor will it permit any Restricted Subsidiary to, create, form or acquire any Subsidiaries, except for (a) wholly-owned Domestic Subsidiaries which, if Material Subsidiaries and not a Receivables Financing SPC, are joined as Additional Credit Parties in accordance with the terms hereof, (b) other Domestic Subsidiaries which are Restricted Subsidiaries, or (c) Foreign Subsidiaries.
The Parent Borrower will not, nor will it permit any Subsidiary to, create, form or acquire any Subsidiaries, except for (a) wholly-owned Domestic Subsidiaries with assets of $100,000 or more (other than a Receivables Financing SPC) which are joined as Additional Credit Parties in accordance with the terms hereof, (b) other Domestic Subsidiaries which are Restricted Subsidiaries, (c) Foreign Subsidiaries or (d) Subsidiaries designated by the Parent Borrower as Unrestricted Subsidiaries.
The Borrower will not, nor will it permit any Subsidiary to, create, form or acquire any Subsidiaries, except for (a) wholly-owned Domestic Subsidiaries with assets of $100,000 or more (other than a Receivables Financing SPC) which are joined as Additional Credit Parties in accordance with the terms hereof, (b) other Domestic Subsidiaries which are Restricted Subsidiaries, (c) Foreign Subsidiaries or (d) Subsidiaries designated by the Borrower as Unrestricted Subsidiaries.
More Definitions of Receivables Financing SPC
Receivables Financing SPC a special purpose entity that is a Subsidiary or Affiliate of the Company and that is formed for the sole and exclusive purpose of engaging in activities in connection with the purchase, sale and financing of accounts receivable in connection with and pursuant to a Permitted Receivables Financing.
Receivables Financing SPC means (1) a wholly owned direct Subsidiary of the Company which engages in no activities other than in connection with the financing of Transferred Assets pursuant to a Permitted Receivables Financing that meets the following criteria: (a) no portion of the Debt or any other obligations (contingent or otherwise) of which (i) is guaranteed by the Company or any other Subsidiary of the Company (excluding guarantees of obligations (other than the principal of, and interest on, Debt) pursuant to customary securitization undertakings), (ii) is recourse to or obligates the Company or any other Subsidiary of the Company in any way (other than pursuant to customary securitization undertakings) or (iii) subjects any property or asset (other than the Transferred Assets) of the Company or any other Subsidiary of the Company, directly or indirectly, contingently or otherwise, to the satisfaction thereof, other than pursuant to customary securitization undertakings, (b) with which neither the Company nor any of its other Subsidiaries has any contract, agreement, arrangement or understanding (other than pursuant to the Permitted Receivables Financing documentation (including with respect to the servicing of the accounts receivable and related assets and the administration of the Receivables Financing SPC)) on terms less favorable to the Company or such Subsidiary than those that might be obtained at the time from persons that are not Affiliates of the Company (as determined by the Company in good faith), and (c) to which neither the Company nor any other Subsidiary of the Company has any obligation to maintain or preserve such entity’s financial condition or cause such entity to achieve certain levels of operating results and (2) each general partner of any such Subsidiary described in clause (1) that meets all of the criteria set forth in clause (1).
Receivables Financing SPC shall have the meaning assigned to such term in ------------------------- the definition of "Permitted Receivables Financing" set forth in this Section 1.01.
Receivables Financing SPC means, in respect of any Permitted Receivables Financing, any Subsidiary or Affiliate of the Borrower established solely for the purpose of acquiring Transferred Assets from the Borrower or any Restricted Subsidiary in connection with a Permitted Receivables Financing and each general partner of any such Subsidiary or Affiliate.
Receivables Financing SPC means, in respect of any Permitted Receivables Financing, any Subsidiary or Affiliate of the Borrower to which any Loan Party sells, contributes or otherwise conveys Transferred Assets in connection with such Permitted Receivables Financing and each general partner of any such Subsidiary or Affiliate. JPMorgan Chase Bank, N.A. (successor by merger to Bank One, NA (Main Office Chicago)), Falcon Asset Securitization Company LLC (formerly Falcon Asset Securitization Corporation) as Agent c/o JPMorgan Chase Bank, N.A. (successor by merger to Bank One, 10 S. Xxxxxxxx, 19th Floor NA (Main Office Chicago)), as Agent Mail Code IL1-0079 10 S. Xxxxxxxx Asset-Backed Finance Mail Code IL10594 Cxxxxxx, Xxxxxxxx 00000-0000 Cxxxxxx, Xxxxxxxx 00000-0000 Attention: Transaction Management Attention: Falcon Funding Manager Calyon New York Branch (formerly Credit Lyonnais New York Branch) Atlantic Asset Securitization LLC (formerly Atlantic Asset Securitization Corp.) c/x Xxxxxx Xxx Xxxx Xxxxxx 0000 Xxxxxx of the Americas 1301 Avenue of the Americas 10xx Xxxxx 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Nxx Xxxx, Xxx Xxxx 00000 Attention: Txxx Xxxxxxxxxx Attention: Txxx Xxxxxxxxxx Cooperatieve Centrale Raiffeisen - Boerenleenbank B.A. “Rabobank International”, New York Branch Nieuw Amsterdam Receivables Corporation c/o Global Securitization Services 200 Xxxx Xxxxxx, 00xx Xxxxx 400 Xxxxxxxxxxx Xxxx, Xxxxx 000 Xxx Xxxx, XX 00000 Mxxxxxxx, XX 00000 Attention: Transaction Management Attention: Txxx Xxxx Email: nxxxxxxxx@xxxxxxxx.xxx Email: txxxx@xxxxxx.xxx Fascimile: (000) 000-0000 Fascimile: (000) 000-0000 Wachovia Bank, National Association Variable Funding Capital Company LLC c/o Wachovia Capital Markets, LLC 100 00xx Xx. 300 X. Xxxxxxx Xxxxxx Mail Code GA 4524, 4xx Xxxxx XXX XXX 00 XX0000 Axxxxxx, XX 00000 Cxxxxxxxx, XX 00000-0000 Attention: Mxxxxxx X. Xxxxxx Attention: Dxxxxxx X. Xxxxxx, Xx. Re: PURCHASE NOTICE Ladies and Gentlemen: Reference is hereby made to the Fifth Amended and Restated Receivables Purchase Agreement, dated as of April 2, 2007, by and among Dairy Group Receivables, L.P., Dairy Group Receivables II, L.P. and WhiteWave Receivables, L.P., as Sellers, the Servicers party thereto, the Financial Institutions party thereto, the Companies party thereto, and JPMorgan Chase Bank, N.A. (successor by merger to Bank One, NA (Main Office Chicago)), as Agent (as amended, restated, supplemented or otherwise modified from time to time, the “Receivables Purchase Agreement”). Capi...
Receivables Financing SPC means (1) a wholly-owned direct Subsidiary of a Loan Party which engages in no activities other than in connection with the financing of Transferred Assets pursuant to a Permitted Receivables Financing that meets the following criteria: (a) no portion of the Indebtedness or any other obligations (contingent or otherwise) of which (i) is guaranteed by the Borrower or any other Subsidiary of the Borrower (excluding guarantees of obligations (other than the principal of, and interest on, Indebtedness)) pursuant to customary securitization undertakings, (ii) is recourse to or obligates the Borrower or any other Subsidiary of the Borrower in any way (other than pursuant to customary securitization undertakings) or (iii) subjects any property or asset (other than the Transferred Assets) of the Borrower or any other Subsidiary of the Borrower, directly or indirectly, contingently or otherwise, to the
Receivables Financing SPC means (1) a wholly-owned direct Subsidiary of a Loan Party which engages in no activities other than in connection with the financing of Transferred Assets pursuant to a Permitted Receivables Financing that meets the following criteria: (a) no portion of the Indebtedness or any other obligations (contingent or otherwise) of which (i) is guaranteed by the Borrower or any other Subsidiary of the Borrower (excluding guarantees of obligations (other than the principal of, and interest on, Indebtedness)) pursuant to customary securitization undertakings, (ii) is recourse to or obligates the Borrower or any other Subsidiary of the Borrower in any way (other than pursuant to customary securitization undertakings) or (iii) subjects any property or asset (other than the Transferred Assets) of the Borrower or any other Subsidiary of the Borrower, directly or indirectly, contingently or otherwise, to the satisfaction thereof, other than pursuant to customary securitization undertakings, (b) with which neither the Borrower nor any of its other Subsidiaries has any contract, agreement, arrangement or understanding (other than pursuant to the Permitted Receivables Financing documentation (including with