Common use of Facility Termination Clause in Contracts

Facility Termination. On the terms and conditions set forth in this Agreement, the parties hereto establish a receivables financing facility (“Program”) consisting of a renewable 364-day facility (“Facility A”) and another renewable 364-day facility (“Facility B”). The Committed Purchasers’ several obligations to make purchases from the Transferor hereunder shall terminate under each Facility on the applicable Termination Date. Notwithstanding anything to the contrary contained herein or in the other Transaction Documents, (a) no Committed Purchaser shall be obligated to provide the Transferor with funds (i) in an amount that would exceed such Committed Purchaser’s unused Commitment then in effect or (ii) for a Tranche Period that would extend beyond the applicable Commitment Expiry Date, subject to Section 2.02(a)(iv) and in the case of Facility A to Section 2.03(a), and (b) the failure of any Committed Purchaser to make its Commitment Pro Rata Share of such purchase available to the Transferor (subject to the terms and conditions set forth herein) shall not relieve any other Committed Purchaser of its obligations hereunder. Notwithstanding the foregoing or any other provision contained herein, to the extent that any Committed Purchaser fails to agree to an extension of the Facility B Commitment Expiry Date in accordance with Section 2.26(b) hereof, (i) such Committed Purchaser shall fund such Committed Purchaser’s Facility Pro Rata Share with respect to Facility B of the Transfer Price for each Transferred Interest solely by accepting a Term-out Period Account Funded Incremental Transfer and (ii) no CP Conduit in such Committed Purchaser’s Related Group shall accept any Incremental Transfers with respect to Facility B after the then existing Facility B Commitment Expiry Date.

Facility Termination. On If Lessor has not notified Lessee in writing prior to the terms and conditions set forth in this Agreement, ninetieth (90/th/) day preceding the parties hereto establish a receivables financing facility (“Program”) consisting expiration of a renewable 364-day facility (“Facility A”) and another renewable 364-day facility (“Facility B”). The Committed Purchasers’ several obligations to make purchases from the Transferor hereunder shall terminate under each Facility on the applicable Term of this Lease with respect to any such Facility (as such Term may have been extended pursuant to clause (d) of Section 19.1 or Section 19.2) that Lessor has procured a successor operator for such Facility who has submitted or will submit within fifteen (15) days thereafter all applications for the licenses, authorizations, permits, approvals or certifications necessary to operate such Facility for its Primary Intended Use required to assume the operations of such Facility (a "Qualified Successor Operator"), then Lessee may commence the Facility Termination Dateand, upon the expiration of the applicable Term of this Lease with respect to any such Facility (as such Term may have been extended pursuant to clause (d) of Section 19.1 or Section 19.2), Lessee shall vacate the Leased Property of such facility and surrender possession thereof to Lessor in accordance with all of the applicable requirements of this Lease. Notwithstanding anything If, prior to the contrary contained herein ninetieth (90/th/) day preceding the expiration of the applicable Term of this Lease with respect to any such Facility (as such Term may have been extended pursuant to clause (d) of Section 19.1 or Section 19.2), Lessor notifies Lessee in writing that Lessor has procured a Qualified Successor Operator for such Facility, Lessee shall not commence the other Transaction Documents, (a) no Committed Purchaser Facility Termination. In such event, Lessee shall be obligated thereafter operate such Facility in accordance with all of the requirements of this Lease until the earliest to provide the Transferor with funds occur of (i) the date (on or after the expiration of the applicable Term of this Lease with respect to any such Facility (as such Term may have been extended pursuant to clause (d) of Section 19.1 or Section 19.2)) on which such Qualified Successor Operator will assume the operation of such Facility, as specified in an amount that would exceed a written notice from Lessor to Lessee given not less than twenty (20) days prior to the date of such Committed Purchaser’s unused Commitment then in effect or assumption, (ii) for a Tranche Period the date that would extend beyond is ninety (90) days after the expiration of the applicable Commitment Expiry Date, subject to Section 2.02(a)(iv) and in the case Term of Facility A to Section 2.03(a), and (b) the failure of any Committed Purchaser to make its Commitment Pro Rata Share of such purchase available to the Transferor (subject to the terms and conditions set forth herein) shall not relieve any other Committed Purchaser of its obligations hereunder. Notwithstanding the foregoing or any other provision contained herein, to the extent that any Committed Purchaser fails to agree to an extension of the Facility B Commitment Expiry Date in accordance with Section 2.26(b) hereof, (i) such Committed Purchaser shall fund such Committed Purchaser’s Facility Pro Rata Share this Lease with respect to any such Facility B (as such Term may have been extended pursuant to clause (d) of the Transfer Price for each Transferred Interest solely by accepting a Term-out Period Account Funded Incremental Transfer and (ii) no CP Conduit in such Committed Purchaser’s Related Group shall accept any Incremental Transfers with respect to Facility B after the then existing Facility B Commitment Expiry Date.Section 19.1 or Section