Financing Contracts. Any Contract (A) providing for the collection, servicing or administration of leases, loans, conditional sales agreements or financial instruments of a similar type, by any Target Company on behalf of any other Person, or (B) providing for the administration by any Person of any part of the loans or financial instruments of a similar type of any Target Company, in each case, involving the payment by or to such Target Company of more than $5,000,000 during the term thereof;
Financing Contracts. Except as would not have a Company Material Adverse Effect: SC1:3335029.3
Financing Contracts. (a) Section 4.26 of the Seller Disclosure Letter includes a list of each Financing Contract as of the date hereof. All Financing Records relating to the Financing Contracts, including any Credit Enhancements with respect thereto, have been furnished or made available for inspection by Purchaser. The Company or a Company Subsidiary has in its possession (i) an executed original or a true, correct and complete copy of any lease, note or chattel paper relating to each Financing Contract, (ii) an executed original or a true, correct and complete copy of all other documents relating to each such Financing Contract and each Credit Enhancement relating thereto and (iii) all other documents reasonably necessary to enforce such Financing Contracts and Credit Enhancements or perfect the security interest thereunder.
Financing Contracts. (a) Section 6.9(a) of the Disclosure Schedule sets forth for each Financing Contract entered into by Seller on or before the date of this Agreement the following information as of the date of this Agreement: (i) the name and address of the Obligor; (ii) the principal amount of the loan, the remaining term of the Financing Contract and all amounts outstanding thereunder; (iii) the amortization schedule in respect of each amount outstanding under the Financing Contracts, (iv) whether the debt under the Financing Contract is subordinate; (v) the number of shares or other units for which Securities have been issued to Seller in connection with the Financing Contract and the unadjusted exercise or conversion price thereunder; (vi) the material terms and amounts of any additional equity interest held by Seller in the Obligor (if any), and (vii) the value reflected on Seller's books of any debt or equity interest in the Obligor.
Financing Contracts. (a) Except as set forth in Section 3.21(a) of the Disclosure Schedule, to Seller's Knowledge, each Financing Contract, Credit Enhancement and, with respect to any Mortgage Loan set forth on the Mortgage Loan Schedule, each Loan Document (i) is valid, binding and enforceable by a Purchased Entity or an Asset Seller (and, after giving effect to the Acquisition, the Purchaser or the applicable Acquiring Subsidiaries) against the Obligor thereunder, in the case of a Financing Contract or, in the case of a Credit Enhancement or Loan Document, the obligor thereunder, in each case, in accordance with its written terms (except as may be limited by the Bankruptcy Exception), and (ii) constitutes and arose out of a bona fide business transaction entered into in the ordinary and usual course of business of such Asset Seller or Purchased Entity (as applicable), consistent with its past practices. All amendments, modifications, waivers, extensions, cancellations and releases in respect of any Financing Contract are in writing and, except for any such documents entered into in connection with a Syndicated Facility (and only to the extent copies of which documents have not been received by a Purchased Entity or an Asset Seller), are maintained in hard copy or are stored electronically in the Legal/Credit Files for such Financing Contract. 66
Financing Contracts. 18 Section 6.10 Receivables of Seller.....................................................19
Financing Contracts. (a) Each Financing Contract and Credit Enhancement is or as of the Closing Date will be owned by Financing Company, free and clear of Encumbrances other than Permitted Encumbrances and constitutes and arose out of a bona fide business transaction entered into in the ordinary course of business of Finance Company consistent with past practices.
Financing Contracts. (a) Each Financing Contract constitutes and arose out of a bona fide business transaction entered into in the Ordinary Course of Business.
Financing Contracts. For the purposes of this section:
Financing Contracts. ........................................................................2
