Discretion; Aggregate Amount Sample Clauses

Discretion; Aggregate Amount. Anything herein to the contrary notwithstanding, no Seller shall be obligated to accept payment of any Purchase Price in the form of Indebtedness of the Company under the Seller Note 35 40 unless such Seller shall be satisfied (and, for purposes hereof, in the absence of notice to the contrary by such Seller to the Company and the Trustee, such Seller shall be deemed satisfied) that, in the ordinary course of its business, the Company will pay the principal of, and interest on, such Indebtedness in accordance with the terms thereof. The principal amount of Indebtedness evidenced by the Seller Note incurred on any Payment Date shall not, in any event, be greater than the excess, if any, of (x) the Purchase Price for Receivables and other Receivable Assets required to be paid for by the Company on such Payment Date pursuant to Section 2.02 over (y) the portion of such Purchase Price paid in cash pursuant to Sections 2.03(b)(i), 2.03(b)(ii) and 2.03(b)(iii).
Discretion; Aggregate Amount. Anything herein to the contrary notwithstanding, no Seller shall be obligated to accept payment of any Purchase Price in the form of Indebtedness of the Company under the Seller Note if, after giving effect to such Indebtedness to be incurred on such date, the aggregate principal amount of Indebtedness evidenced by the Seller Note, incurred on or before such Payment Date and outstanding on such Payment Date (after giving effect to all repayments thereof on or before such Payment Date) would be more than 50% of the outstanding balance of the Receivables on such Payment Date, unless such Seller shall be satisfied (and, for purposes hereof, in the absence of notice to the contrary by such Seller to the Company and the Trustee, such Seller shall be deemed satisfied) that, in the ordinary course of its business, the Company will pay the principal of, and interest on, such Indebtedness in accordance with the terms thereof. The principal amount of Indebtedness evidenced by the Seller Note incurred on any Payment Date shall not, in any event, be greater than the excess, if any, of (x) the Purchase Price for Receivables and other Receivable Assets required to be paid for by the Company on such Payment Date pursuant to Section 2.03 over (y) the portion of such Purchase Price paid in cash pursuant to subsections 2.03(b)(i), 2.03(b)(ii) and 2.03(b)(iii).