Excluded Obligors Sample Clauses

Excluded Obligors. (a) So long as each of the Exclusion Conditions shall be satisfied, the Servicer may, from time to time and at its sole discretion, request that certain Obligors be designated as Excluded Obligor by delivering an Excluded Obligor Request to the Administrative Agent and each Group Agent, which Excluded Obligor Request shall (i) list the names of such proposed Excluded Obligors and (ii) specify the proposed Excluded Obligor Date with respect to such proposed Excluded Obligors (which date shall be no less than ten (10) Business Days following the date of such Excluded Obligor Request, unless consented to by the Administrative Agent in its sole discretion); provided, however, that the Servicer shall not deliver more than one Excluded Obligor Request per fiscal quarter without the consent of the Administrative Agent. For purposes of this Section 9.07, “
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Excluded Obligors. (a) So long as each of the Exclusion Conditions shall be satisfied, the Servicer may, from time to time, request that certain Obligors be designated as Excluded Obligors by delivering an Excluded Obligor Request to the Administrative Agent, which Excluded Obligor Request shall (i) list the names of such proposed Excluded Obligors; (ii) specify the proposed Excluded Obligor Date with respect to such proposed Excluded Obligors (which date shall be no less than ten (10) Business Days following the date of such Excluded Obligor Request) and (iii) include a pro forma Monthly Report reflecting the proposed exclusion of such Excluded Obligors and the aging balance for the Receivables of each proposed Excluded Obligors. For purposes of this Section 8.07, “Exclusion Conditions” means, as of any date of determination, the satisfaction of all of the following conditions on such date:
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Excluded Obligors. Notwithstanding any other provision of this Clause 24, any event or circumstance set out in any of Clauses 24.5 (Cross default) to 24.9 (Final judgment) (inclusive), Clause 24.10 (Unlawfulness and invalidity), Clause 24.12 (Cessation of business), Clause 24.14 (Audit qualification), Clause 24.15 (Expropriation) and Clause 24.16 (Repudiation and rescission of agreements) which would otherwise (but for this Clause 24.23) constitute any Event of Default will be deemed not to be an Event of Default with respect to any Excluded Obligor if and for so long as:
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Excluded Obligors. (a) Subject to clause (c) below, the Borrower and the Servicer, acting jointly, from time to time may exclude certain customers of the Originators as Obligors, and thereby exclude from the Receivables the receivables generated by those customers from and after the effectiveness of the exclusion of the respective customer (each such customer so excluded, an “Excluded Obligor”). Initially, the Excluded Obligors shall consist only of the customer(s) listed on Schedule VI (as added by that certain Amendment No. 5 to Receivables Financing Agreement and Amendment No. 1 to Performance Guaranty, dated as of January 6, 2017), and such exclusion shall be
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Excluded Obligors. (a) The Servicer may, from time to time and with the consent of the Administrator and the Majority Purchaser Agents, request that certain Obligors be designated as Excluded Obligors by delivering an Excluded Obligor Request to the Administrator and each Purchaser Agent, substantially in the form of Annex H hereto, which Excluded Obligor Request shall (i) list the names of such proposed Excluded Obligors and (ii) specify the proposed Excluded Obligor Date with respect to such proposed Excluded Obligors.
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Excluded Obligors. 5.8 The Sellers may, with at least 10 Business Days’ notice, make a request by delivery of written notice to the Master Purchaser and the Funding Agent that an Obligor be designated as an “Excluded Obligor” with effect from a date specified in that notice, which shall be not be earlier than the day falling 10 Business Days after the date of the notice (a Designation Notice), provided that on the date of the Designation Notice, the Outstanding Balance of Receivables owed by such Obligor and all other Excluded Obligors does not exceed the equivalent of EUR 100,000,000.
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Excluded Obligors. The Servicer may from time to time request (at its discretion but only with respect to Obligors to be included in a supply-chain finance facility) that one or more Obligors be designated as Excluded Obligors as of a certain date (the “Excluded Date”) by delivering an Excluded Obligor Request to the Administrator and each Purchaser Agent, which Excluded Obligor Request shall (i) list the name of each such proposed Excluded Obligor, (ii) specify the Excluded Date, (iii) attach a pro forma Information Package that excludes from the calculation of Eligible Receivables listed therein any Receivable whose related Obligor is a proposed Excluded Obligor, and (iv) be delivered no later than (A) five (5) Business Days prior to the proposed Excluded Date, if delivered pursuant to the first proviso below and (B) fifteen (15) Business Days prior to the proposed Excluded Date, if delivered pursuant to the second proviso below; provided, that if the aggregate Outstanding Balance of such proposed Excluded Obligor Receivables together with the Receivables of any other Obligors that became Excluded Obligors in the same calendar month, in each case, as reported in the most recently delivered Information Package is less than or equal to 10% of the average aggregate Outstanding Balance of all Pool Receivables for the preceding twelve (12) calendar months, as reported in such Information Package, then no consent or approval from the Administrator or any Purchaser Agent shall be required to designate such Obligors as Excluded Obligors, subject to the satisfaction of clauses (i) to (iv) above; provided, further, that if such percentage, calculated in accordance with the foregoing proviso, is greater than 10%, then such designation shall require the consent of the Administrator and each Purchaser Agent, which consent they may grant or withhold in their sole and absolute discretion, and which consent (if granted) shall be evidenced by the Administrator and each Purchaser Agent’s countersignature to such Excluded Obligor Request, it being understood and agreed that in no event shall any Obligor be designated as an Excluded Obligor pursuant to this Section 4.16 if (x) a Termination Event or Unmatured Termination has occurred and is continuing, or would occur and be continuing due to any such designation or (y) if after giving effect to any such proposed designation, the Aggregate Capital plus the Adjusted Aggregate LC Amount exceeds the Purchase Limit, or the Purchased Interest excee...
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Related to Excluded Obligors

  • Excluded Obligations Notwithstanding anything to the contrary expressed or implied in the Finance Documents, the Security Agent shall not:

  • Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,” published by the United States Department of the Treasury, Office of Foreign Assets Control.’

  • Excluded Transactions The Company shall not be obligated to effect any registration of Registrable Securities under this Section 2.1 incidental to the registration of any of its Securities in connection with:

  • Excluded Liabilities Notwithstanding the provisions of Section 2.03 or any other provision in this Agreement to the contrary, Buyer shall not assume and shall not be responsible to pay, perform or discharge any Liabilities of Seller or any of its Affiliates of any kind or nature whatsoever other than the Assumed Liabilities (the “Excluded Liabilities”). Seller shall, and shall cause each of its Affiliates to, pay and satisfy in due course all Excluded Liabilities which they are obligated to pay and satisfy. Without limiting the generality of the foregoing, the Excluded Liabilities shall include, but not be limited to, the following:

  • Excluded Assets Notwithstanding the foregoing, the Purchased Assets shall not include the following assets (collectively, the “Excluded Assets”):

  • Retained Obligations Buyer does not assume or agree to discharge or perform and will not be deemed by reason of the execution and delivery of this Agreement or any agreement, instrument or document delivered pursuant to or in connection with this Agreement or otherwise by reason of the consummation of the transactions contemplated hereby, to have assumed or to have agreed to discharge or perform, any liabilities, obligations or commitments of Seller of any nature whatsoever whether accrued, absolute, contingent or otherwise and whether or not disclosed to Buyer, other than the Assumed Obligations (the "Retained Obligations").

  • U.S. Obligors None of the Receivables is denominated and payable in any currency other than United States Dollars or is due from any Person that does not have a mailing address in the United States of America.

  • Excluded Contracts All of Seller's right, title and interest in, to and under the Contracts listed on Schedule 1.2(b) attached hereto (the "Excluded Contracts");

  • Excluded Subsidiaries The Borrower:

  • Excluded Property Notwithstanding anything to the contrary in Section 2.1, the property, assets, rights and interests set forth in this Section 2.2 (the “Excluded Property”) are excluded from the Property:

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