Common use of Accounts Receivable Facility Clause in Contracts

Accounts Receivable Facility. Subject to the terms of this Agreement, CDF agrees to provide to Dealer an Accounts Receivable Facility of (i) Fifteen Million Dollars ($15,000,000.00) at all times other than during the Seasonal Uplift Period (as defined below), and (ii) Twenty Million Dollars ($20,000,000.00) from August 1st through December 31st of each calendar year (the "Seasonal Uplift Period"); provided, however, that (iii) at no time other than during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate, Fifty Million Dollars ($50,000,000.00), and (iv) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate, Seventy-five Million Dollars ($75,000,000.00). CDF's decision to advance funds will not be binding until the funds are actually advanced." In addition, subject to the terms of the AWF, CDF agrees to provide to Dealer an inventory floorplan credit facility of (a) Fifty Million Dollars ($50,000,000.00) at all times other than during the Seasonal Uplift Period, and (b) Seventy-five Million Dollars ($75,000,000.00) during the Seasonal Uplift Period; provided, however, that (c) at no time other than during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate, Fifty Million Dollars ($50,000,000.00), and (d) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate Seventy-five Million Dollars ($75,000,000.00). CDF's decision to advance funds will not be binding until the funds are actually advanced.

Accounts Receivable Facility. Subject to the terms of this Agreement, CDF agrees to provide to Dealer an Accounts Receivable Facility of (i) Fifteen Thirty Million Dollars ($15,000,000.00) at all times other than during the Seasonal Uplift Period (as defined below), and (ii) Twenty Million Dollars ($20,000,000.00) from August 1st through December 31st of each calendar year (the "Seasonal Uplift Period"30,000,000.00); provided, however, that (iiii) at no time other than during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and the CDF Guaranty Amount exceed, in the aggregate, Thirty Million Dollars ($30,000,000.00), (ii) at no time will the principal amount outstanding under Dealer's ’s Accounts Receivable Facility, Dealer’s inventory floorplan credit facility with CDF (inclusive of only such principal amount related to invoices received by CDF from Dealer’s Vendors), and Dealer’s Short Term Accounts Receivable (“STAR”) facility with CDF exceed, in the aggregate, Fifty Million Dollars ($50,000,000.00), and (iviii) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Dealer’s Accounts Receivable Facility and Facility, Dealer's ’s inventory floorplan credit facility with CDF (inclusive of such principal amount related to invoices received by CDF from Dealer’s Vendors and such principal amount related to financing approvals given by CDF to Dealer’s Vendors for which CDF has not received the invoices), and Dealer’s STAR facility with CDF exceed, in the aggregate, Seventy-five Sixty Million Dollars ($75,000,000.0060,000,000.00). CDF's ’s decision to advance funds will not be binding until the funds are actually advanced." ” In addition, subject to the terms of the AWFIFA, CDF agrees to provide to Dealer an inventory floorplan credit facility of (a) Fifty Sixty Million Dollars ($50,000,000.00) at all times other than during the Seasonal Uplift Period, and (b) Seventy-five Million Dollars ($75,000,000.00) during the Seasonal Uplift Period60,000,000.00); provided, however, that (ci) at no time other than during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's ’s inventory floorplan credit facility with CDF (inclusive of only such principal amount related to invoices received by CDF from Dealer’s Vendors) exceed, in the aggregate, Fifty Million Dollars ($50,000,000.00), and (dii) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's ’s inventory floorplan credit facility with CDF (inclusive of such principal amount related to invoices received by CDF from Dealer’s Vendors), Dealer’s Accounts Receivable Facility, and Dealer’s Short Term Accounts Receivable (“STAR”) facility with CDF exceed, in the aggregate Seventy-five Fifty Million Dollars ($75,000,000.0050,000,000.00), and (iii) at no time will the principal amount outstanding under Dealer’s inventory floorplan credit facility with CDF (inclusive of such principal amount related to invoices received by CDF from Dealer’s Vendors and such principal amount related to financing approvals given by CDF to Dealer’s Vendors for which CDF has not received the invoices), Dealer’s Accounts Receivable Facility, and Dealer’s STAR facility with CDF exceed, in the aggregate Sixty Million Dollars ($60,000,000.00). CDF's ’s decision to advance funds will not be binding until the funds are actually advanced.

Accounts Receivable Facility. Subject to the terms of this Agreement, CDF agrees to provide to Dealer an Accounts Receivable Facility of (i) Fifteen Thirty Million Dollars ($15,000,000.00) at all times other than during the Seasonal Uplift Period (as defined below), and (ii) Twenty Million Dollars ($20,000,000.00) from August 1st through December 31st of each calendar year (the "Seasonal Uplift Period"30,000,000.00); provided, however, that (iiii) at no time during the Overline Period (as defined below) will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF (excluding open approvals for which CDF has not yet received the invoice) exceed, in the aggregate, Eighty-Five Million Dollars ($85,000,000.00), and (ii) at no time other than during the Seasonal Uplift Overline Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF (including open approvals for which CDF has not yet received the invoice) exceed, in the aggregate, Fifty Eighty-Five Million Dollars ($50,000,000.00), and (iv) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate, Seventy-five Million Dollars ($75,000,000.0085,000,000.00). CDF's decision to advance funds will not be binding until the funds are actually advanced." In addition, subject to the terms of the AWF, CDF agrees to provide to Dealer an inventory floorplan credit facility of (ax) Fifty from June 26, 2006 through September 21, 2006 (“Overline Period”), Eighty-Five Million Dollars ($50,000,000.0085,000,000.00) (plus an additional Fifteen Million Dollars ($15,000,000.00) for open approvals for which CDF has not yet received the invoice), and (y) at all times other than during the Seasonal Uplift Overline Period, and (b) SeventyEighty-five Five Million Dollars ($75,000,000.0085,000,000.00) during (including open approvals for which CDF has not yet received the Seasonal Uplift Periodinvoice); provided, however, that (ci) at no time other than during the Seasonal Uplift Overline Period will the principal amount outstanding under Dealer’s inventory floorplan credit facility with CDF (excluding open approvals for which CDF has not yet received the invoice) and the principal amount outstanding under the Accounts Receivable Facility exceed, in the aggregate, Eighty-Five Million Dollars ($85,000,000.00) and (ii) at no time other than during the Overline Period will the principal amount outstanding under the Dealer's inventory floorplan credit facility with CDF exceed, in (including open approvals for which CDF has not yet received the aggregate, Fifty Million Dollars ($50,000,000.00), invoice) and (d) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate Seventyaggregate, Eighty-five Five Million Dollars ($75,000,000.0085,000,000.00). CDF's decision to advance funds will not be binding until the funds are actually advanced. Dealer waives notice of CDF's acceptance of this Amendment. All other terms and provisions of the AWF and BFA, to the extent not inconsistent with the foregoing, are ratified and remain unchanged and in full force and effect.

Accounts Receivable Facility. Subject to the terms of this Agreement, CDF agrees to provide to Dealer an Accounts Receivable Facility of of: (i) Fifteen between February 14, 2020 through April 14, 2020 Seventy-Five Million Dollars ($15,000,000.0075,000,000.00) at all times other than during the Seasonal Uplift Period (as defined below), and (ii) Twenty after April 14, 2020, Fifty Million Dollars ($20,000,000.0050,000,000.00) from August 1st through December 31st of each calendar year (the "Seasonal Uplift Period"“Accounts Receivable Facility Limit”); provided, however, that (iii) at no time other than during will (i) the Seasonal Uplift Period will the principal amount outstanding under Aggregate Accounts Receivable Outstandings exceed the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in Limit or (ii) the aggregate, Fifty Million Dollars ($50,000,000.00), and (iv) at no time during Aggregate Outstandings exceed the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Aggregate Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate, Seventy-five Million Dollars ($75,000,000.00)Limit. CDF's ’s decision to advance funds will not be binding until the funds are actually advanced." . In addition, subject to the terms of the AWFAgreement for Wholesale Financing, CDF agrees to provide to Dealer an inventory floorplan credit facility of (ai) except during a Temporary Uplift Period, Two Hundred Fifty Million Dollars ($50,000,000.00250,000,000.00), (ii) at all times other than during the Seasonal any Temporary Uplift Period, and (b) Seventy-five Three Hundred Twenty Five Million Dollars ($75,000,000.00325,000,000.00) and (iii) during the Seasonal any 2020 Uplift Period, Three Hundred Million Dollars ($300,000,000.00); provided, however, that (c) at no time other than during the Seasonal Uplift Period will the principal amount outstanding under Aggregate Outstandings exceed the Accounts Receivable Aggregate Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate, Fifty Million Dollars ($50,000,000.00), and (d) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate Seventy-five Million Dollars ($75,000,000.00)Limit. CDF's ’s decision to advance funds will not be binding until the funds are actually advanced. If, at any time, the Aggregate Accounts Receivable Outstandings exceed the Accounts Receivable Facility Limit, Dealer will immediately pay to CDF an amount not less than the difference between (i) Aggregate Accounts Receivable Outstandings and (ii) the Accounts Receivable Facility Limit. If, at any time, the Aggregate Outstandings exceed the Aggregate Facility Limit, Dealer will immediately pay to CDF an amount not less than the difference between (i) Aggregate Outstandings and (ii) the Aggregate Facility Limit.”

Accounts Receivable Facility. Subject to the terms of this Agreement, CDF agrees to provide to Dealer an Accounts Receivable Facility of (ia) Fifteen Million Dollars ($15,000,000.00) at all times other than during the Seasonal Uplift Period (as defined below), ) and (iib) Twenty Million Dollars ($20,000,000.00) from August 1st through December January 31st of each calendar year (the "“Seasonal Uplift Period"”); provided, however, that that: (iiii) at no time other than during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's ’s inventory floorplan credit facility with CDF exceed, in the aggregate, Thirty Five Million Dollars ($35,000,000.00), and (ii) at no time during the seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer’s inventory floorplan credit facility with CDF exceed, in the aggregate, Fifty Five Million Dollars ($50,000,000.0055,000,000.00). CDF’s decision to advance funds is discretionary and will not be binding until the funds are actually advanced.” In addition, subject to the terms of the IFA, CDF agrees to provide to Dealer an inventory floorplan credit facility of: (a) Thirty Five Million Dollars ($35,000,000.00) at all times other than during the Seasonal Uplift Period (as defined below), and (ivb) Fifty-Five Million Dollars ($55,000,000.00) ) from August 1st through January 31st of each calendar year (the “Seasonal Uplift Period”); provided, however, that: (i) at no time other than during the Seasonal Uplift Period will the principal amount outstanding under Dealer’s inventory 81353 (07/27/11) modified 9/13/11 1 floorplan credit facility with CDF and Dealer’s Accounts Receivable Facility exceed, in the aggregate Thirty Five Million Dollars ($35,000,000.00), and (ii) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's ’s inventory floorplan credit facility with CDF exceed, exceed in the aggregate, SeventyFifty-five Five Million Dollars ($75,000,000.0055,000,000.00). CDF's ’s decision to advance funds is discretionary and will not be binding until the funds are actually advanced." In addition, subject to the terms of the AWF, CDF agrees to provide to Dealer an inventory floorplan credit facility of (a) Fifty Million Dollars ($50,000,000.00) at all times other than during the Seasonal Uplift Period, and (b) Seventy-five Million Dollars ($75,000,000.00) during the Seasonal Uplift Period; provided, however, that (c) at no time other than during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate, Fifty Million Dollars ($50,000,000.00), and (d) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate Seventy-five Million Dollars ($75,000,000.00). CDF's decision to advance funds will not be binding until the funds are actually advanced.

Accounts Receivable Facility. Subject to the terms of this Agreement, CDF agrees to provide to Dealer an Accounts Receivable Facility of (i) Fifteen Fifty Million Dollars ($15,000,000.0050,000,000.00) at all times other than during the Seasonal Uplift Period (as defined below), and (ii) Twenty Million Dollars ($20,000,000.00) from August 1st through December 31st of each calendar year (the "Seasonal Uplift Period"“Accounts Receivable Facility Limit”); provided, however, that (iii) at no time other than during will (i) the Seasonal Uplift Period will the principal amount outstanding under Aggregate Accounts Receivable Outstandings exceed the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in Limit or (ii) the aggregate, Fifty Million Dollars ($50,000,000.00), and (iv) at no time during Aggregate Outstandings exceed the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Aggregate Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate, Seventy-five Million Dollars ($75,000,000.00)Limit. CDF's ’s decision to advance funds will not be binding until the funds are actually advanced." . In addition, subject to the terms of the AWFAgreement for Wholesale Financing, CDF agrees to provide to Dealer an inventory floorplan credit facility of (ai) except during a Temporary Uplift Period, Two Hundred Fifty Million Dollars ($50,000,000.00250,000,000.00), and (ii) at all times other than during the Seasonal any Temporary Uplift Period, and (b) Seventy-five Three Hundred Twenty Five Million Dollars ($75,000,000.00) during the Seasonal Uplift Period325,000,000.00); provided, however, that (c) at no time other than during the Seasonal Uplift Period will the principal amount outstanding under Aggregate Outstandings exceed the Accounts Receivable Aggregate Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate, Fifty Million Dollars ($50,000,000.00), and (d) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's inventory floorplan credit facility with CDF exceed, in the aggregate Seventy-five Million Dollars ($75,000,000.00)Limit. CDF's ’s decision to advance funds will not be binding until the funds are actually advanced. If, at any time, the Aggregate Accounts Receivable Outstandings exceed the Accounts Receivable Facility Limit, Dealer will immediately pay to CDF an amount not less than the difference between (i) Aggregate Accounts Receivable Outstandings and (ii) the Accounts Receivable Facility Limit. If, at any time, the Aggregate Outstandings exceed the Aggregate Facility Limit, Dealer will immediately pay to CDF an amount not less than the difference between (i) Aggregate Outstandings and (ii) the Aggregate Facility Limit.”

Accounts Receivable Facility. Subject to the terms of this Agreement, CDF agrees to provide to Dealer an Accounts Receivable Facility of (i) Fifteen Twenty-Five Million Dollars ($15,000,000.00) at all times other than during the Seasonal Uplift Period (as defined below), and (ii) Twenty Million Dollars ($20,000,000.00) from August 1st through December 31st of each calendar year (the "Seasonal Uplift Period"25,000,000.00); provided, however, that (iiii) at no time other than during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and the CDF Guaranty Amount exceed, in the aggregate, Twenty-Five Million Dollars ($25,000,000.00), (ii) at no time will the principal amount outstanding under Dealer's ’s Accounts Receivable Facility, Dealer’s inventory floorplan credit facility with CDF (inclusive of only such principal amount related to invoices received by CDF from Dealer’s Vendors), and Dealer’s Short Term Accounts Receivable (“STAR”) facility with CDF exceed, in the aggregate, Fifty Million Dollars ($50,000,000.00) (provided, however, that such amount shall be temporarily increased to Sixty Million Dollars ($60,000,000.00) for the period between May 31, 2011 and August 31, 2011), and (iviii) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Dealer’s Accounts Receivable Facility and Facility, Dealer's ’s inventory floorplan credit facility with CDF (inclusive of such principal amount related to invoices received by CDF from Dealer’s Vendors and such principal amount related to financing approvals given by CDF to Dealer’s Vendors for which CDF has not received the invoices), and Dealer’s STAR facility with CDF exceed, in the aggregate, Seventy-five Sixty Million Dollars ($75,000,000.0060,000,000.00) (provided, however, that such amount shall be temporarily increased to Seventy Million Dollars ($70,000,000.00) for the period between May 31, 2011 and August 31, 2011). CDF's ’s decision to advance funds is discretionary, and will not be binding until the funds are actually advanced." . In addition, subject to the terms of the AWFIFA, CDF agrees to provide to Dealer an inventory floorplan credit facility of Sixty Million Dollars (a$60,000,000.00) (provided, however, that such amount shall be temporarily increased to Seventy Million Dollars ($70,000,000.00) for the period between May 31, 2011 and August 31, 2011); provided, however, that (i) at no time will the principal amount outstanding under Dealer’s inventory floorplan credit facility with CDF (inclusive of only such principal amount related to invoices received by CDF from Dealer’s Vendors) exceed, in the aggregate, Fifty Million Dollars ($50,000,000.00) at all times other than during the Seasonal Uplift Period, and (b) Seventy-five Million Dollars ($75,000,000.00) during the Seasonal Uplift Period; provided, however, that such amount shall be temporarily increased to Sixty Million Dollars (c$60,000,000,00) for the period between May 31, 2011 and August 31, 2011), (ii) at no time other than during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's ’s inventory floorplan credit facility with CDF (inclusive of only such principal amount related to invoices received by CDF from Dealer’s Vendors), Dealer’s Accounts Receivable Facility, and Dealer’s Short Term Accounts Receivable (“STAR”) facility with CDF exceed, in the aggregate, Fifty Million Dollars ($50,000,000.00) (provided, however, that such amount shall be temporarily increased to Sixty Million Dollars ($60,000,000.00) for the period between May 31, 2011 and August 31, 2011), and (diii) at no time during the Seasonal Uplift Period will the principal amount outstanding under the Accounts Receivable Facility and Dealer's ’s inventory floorplan credit facility with CDF (inclusive of such principal amount related to invoices received by CDF from Dealer’s Vendors and such principal amount related to financing approvals given by CDF to Dealer’s Vendors for which CDF has not received the invoices), Dealer’s Accounts Receivable Facility, and Dealer’s STAR facility with CDF exceed, in the aggregate Seventy-five aggregate, Sixty Million Dollars ($75,000,000.0060,000,000.00) (provided, however, that such amount shall be temporarily increased to Seventy Million Dollars ($70,000,000.00) for the period between May 31, 2011 and August 31, 2011). CDF's ’s decision to advance funds is discretionary, and will not be binding until the funds are actually advanced.”