Common use of Commitments to Purchase; Limits on Purchasers’ Obligations Clause in Contracts

Commitments to Purchase; Limits on Purchasers’ Obligations. Upon the terms and subject to the conditions of this Agreement (including, without limitation, Article V), from time to time prior to the Termination Date, Seller may request that Purchaser purchase from Seller ownership interests in Pool Receivables and Related Assets, and Purchaser shall make such purchase (each being a "Purchase"); provided that no Purchase shall be made by Purchaser if, after giving effect thereto, either (a) the then Purchaser's Total Investment would exceed the lesser of (1) $100,000,000 and (2) 85% times the Net Pool Balance, (the "Purchase Limit"), or (b) the Asset Interest, expressed as a percentage of Net Pool Balance, would exceed 100% (the "Allocation Limit"); and provided, further that each Purchase made pursuant to this Section 1.01 shall have a purchase price equal to at least $1,000,000 and shall be an integral multiple of $100,000.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Inacom Corp)

Commitments to Purchase; Limits on Purchasers’ Obligations. Upon the terms and subject to the conditions of this Agreement (including, without limitation, Article V)Agreement, from time to time prior to the Termination Date, Seller may request that Purchaser purchase from Seller ownership interests in the Pool Receivables and Related Assets, and Purchaser shall make such purchase Assets (each being a "Purchase")) and Purchaser shall make such Purchase; provided that no Purchase shall be made by Purchaser ifto the extent that, after giving effect thereto, either (a) the then Purchaser's Total Investment would exceed the lesser of (1i) the Utilization Cap Amount, or (ii) $100,000,000 and (2) 85% times 20,000,000 or such larger amount as may be mutually agreed to in writing by the Net Pool Balance, parties hereto (the "Purchase Limit"), or (b) the Asset Interest, expressed as a percentage of Net Pool Balance, Interest would exceed 100% (the "Allocation Limit"); and provided, provided further that each Purchase made pursuant to this Section 1.01 shall have a purchase price equal to Purchase Price of at least $1,000,000 100,000 and shall be an in integral multiple multiples of $100,000.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Charming Shoppes Inc)