Uncommitted Purchaser definition
Examples of Uncommitted Purchaser in a sentence
Such Uncommitted Purchaser shall promptly (i) notify each of the other parties hereto of such assignment and (ii) take all further action that the assignee reasonably requests in order to evidence the assignee’s right, title and interest in such interest in the Receivable Interests and to enable the assignee to exercise or enforce any rights of such Uncommitted Purchaser hereunder.
Following receipt of a Purchase Notice, the applicable Purchaser Agent will determine whether the related Uncommitted Purchaser will fund the requested Incremental Purchase.
Any assigning Uncommitted Purchaser shall deliver to any assignee a Transfer Supplement with any changes as have been approved by the parties thereto, duly executed by such Uncommitted Purchaser, assigning any portion of its interest in the Receivable Interests to its assignee.
If such Uncommitted Purchaser (in its sole discretion) elects not to fund an Incremental Purchase, the Incremental Purchase shall be funded ratably by its Related Committed Purchasers (in accordance with such Related Committed Purchasers’ Available Commitments).
Each Uncommitted Purchaser’s obligations under this Section 11.10 shall be subject to Sections 13.5 and 13.6 and each Related Committed Purchaser shall be liable, on a joint and several basis, for all obligations of its related Uncommitted Purchaser under this Section 11.10.
Any amount which such Uncommitted Purchaser does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in §101 of the Bankruptcy Code) against or company obligation of such Uncommitted Purchaser for any such insufficiency unless and until such Uncommitted Purchaser satisfies the provisions of clauses (i) and (ii) above.
Telephone: (▇▇▇) ▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇ Fax: Telecopier: (▇▇▇) ▇▇▇-▇▇▇▇ Email: cpohlE-mail: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇_▇▇▇▇▇▇▇▇▇@▇▇.▇▇▇▇.▇▇ Commitment: $455,000,000380,000,000 730091894 03128405 S- 9 Amended and Restated Receivables Purchase Agreement (ARFC) MIZUHO BANK, LTD., as Purchaser Agent, Uncommitted Purchaser and Related Committed Purchaser By:______________________________________ Name: Title: Address for notice: Mizuho Bank, Ltd.
Immediately after giving effect to clause (a) above, Assignor shall (i) cease to be a Related Committed Purchaser under the Agreement and each of the other Transaction Documents and shall be discharged from its duties and obligations as a Related Committed Purchaser thereunder and (ii) immediately become an Uncommitted Purchaser under the Agreement and shall for all purposes of the Agreement and each of the other Transaction Documents be an Uncommitted Purchaser thereunder.
On each Settlement Date, the Seller shall pay to each Co-Agent (for the benefit of such Co-Agent’s Uncommitted Purchaser) an aggregate amount equal to all accrued and unpaid CP Costs in respect of the Capital associated with all Purchaser Interests of such Uncommitted Purchaser for the immediately preceding Accrual Period in accordance with Section 1.4(b).
Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK BRANCH, as Agent By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Title: Director Address: The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch 1251 Avenue of the Americas, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Securitization Department Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ VICTORY RECEIVABLES CORPORATION, as an Uncommitted Purchaser By: /s/ ▇▇▇▇▇ ▇.