Common use of Increases Clause in Contracts

Increases. Seller shall provide the Agent with at least two Business Days' prior notice in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and date of purchase and, if the Seller has been notified that such Incremental Purchase shall be funded by the Financial Institutions, the requested Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit agrees to make the purchase. If Conduit declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the Financial Institutions, as applicable, shall deposit to the account designated by the Seller in the applicable Purchase Notice, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Metropolitan Edison Co), Receivables Purchase Agreement (Pennsylvania Electric Co), Receivables Purchase Agreement (Pennsylvania Power Co)

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Increases. Seller shall provide the Administrative Agent with at least two (2) Business Days' prior notice in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Administrative Agent will determine whether Conduit Company agrees to make the purchase. If Conduit Company declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit Company or the Financial Institutions, as applicable, shall deposit initiate a wire transfer of immediately available funds to the account designated by the Seller in the applicable Purchase Notice, in immediately available fundsFacility Account, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of ConduitCompany, the aggregate Purchase Price of the Purchaser Interests Conduit Company is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's ’s Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing. There may not be more than four (4) Incremental Purchases during any calendar month.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Beckman Coulter Inc), Receivables Purchase Agreement (Beckman Coulter Inc), Receivables Purchase Agreement (Beckman Coulter Inc)

Increases. Seller shall provide the Administrative Agent with at least two Business Days' prior notice in a the form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and ), date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Bank Rate and Tranche Period. Following receipt of a Purchase Notice, the Administrative Agent will determine whether Conduit agrees to make the purchase. If Conduit declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the Financial Institutions, as applicable, shall deposit to the account designated by of the Seller (or its designee) designated in the applicable Purchase Notice, in immediately available funds, no later than 12:00 noon 1:00 p.m. (Chicago New York time), an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests then being purchased by Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's ’s Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests then being purchased by the Financial Institutions are purchasingInstitutions.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (CMS Energy Corp), Receivables Purchase Agreement (CMS Energy Corp)

Increases. Seller shall provide the Agent with at least two Business Days' prior notice in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,0001,000,000 and shall be in increments of $100,000) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit Company agrees to make the purchase. If Conduit Company declines to make a proposed purchase, the Agent shall notify will advise Seller of such fact and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit Company or the Financial Institutions, as applicable, shall deposit to the account designated by the Seller in the applicable Purchase NoticeFacility Account, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of ConduitCompany, the aggregate Purchase Price of the Purchaser Interests Conduit Company is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Ceridian Corp /De/)

Increases. Seller shall provide the Agent with at least two Business Days' prior notice substantially in a the form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than equal to $1,000,0001,000,000 or an integral multiple of $100,000 in excess thereof) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Seller may request no more than six (6) Incremental Purchases during any Accrual Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit Company agrees to make the purchase. If Conduit Company declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit Company or the Financial Institutions, as applicable, shall deposit initiate a wire transfer to the an account designated by the Seller in the applicable Purchase Notice, in of immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of ConduitCompany, the aggregate Purchase Price of the Purchaser Interests Conduit Company is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Cott Corp /Cn/)

Increases. Seller Finance Subsidiary shall provide the Agent with at least two one Business Days' Day's prior notice in a form set forth as Exhibit II I hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000100,000) and date of purchase andpurchase, if and in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit agrees to make the purchase. If Conduit declines to make a proposed purchase, Agent shall notify Seller and Seller Finance Subsidiary may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the Financial Institutions, as applicable, shall deposit to the account designated by the Seller in the applicable Purchase NoticeFinance Subsidiary, in immediately available funds, no later than 12:00 noon Noon (Chicago New York time), an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Wix Filtration Media Specialists, Inc.)

Increases. Seller shall provide the Agent with at least two (2) Business Days' prior notice in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit agrees to make the purchase. If Conduit declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the Financial Institutions, as applicable, shall deposit initiate a wire transfer to the account designated by the Seller in the applicable Purchase NoticeFacility Account, in of immediately available funds, no later than 12:00 noon (Chicago time), in an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Ferrellgas Partners Finance Corp)

Increases. Seller shall provide the Agent with at least two Business Days' prior notice in a Monthly Report or in a form set forth as Exhibit II hereto of each Incremental Purchase (in either case, a "Purchase NoticePURCHASE NOTICE"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and date of purchase (which, in the case of any Incremental Purchase (after the initial Incremental Purchase hereunder), shall only be on a Settlement Date) and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit agrees to make the purchase. If Conduit declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the Financial Institutions, as applicable, shall deposit to an account specified by the Agent, for transfer by the Agent to an account designated by the Seller in the applicable Purchase Notice(or by Servicer, on Seller's behalf), in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are then purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Omnova Solutions Inc)

Increases. Seller shall provide the Agent with at least two one Business Days' prior notice in a form set forth as Exhibit II hereto of each Incremental Purchase (a ---------- "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof --------------- ----------- and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than at least $1,000,0001,000,000 and integral multiples of $100,000 in excess thereof) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit agrees to make the purchase. Without the prior approval of Conduit, Seller shall not request more than three proposed purchases in any calendar month and, unless approved by Conduit in its sole discretion, any such requests in excess of three in any calendar month shall be void. If Conduit declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the ---------- Financial Institutions, as applicable, shall deposit to the account designated by the Seller in the applicable Purchase NoticeFacility Account, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Energizer Holdings Inc)

Increases. Seller shall provide the Agent with at least two three Business Days' prior notice (any such notice received by the Agent after 11:00 a.m. (Chicago time) to be deemed received on the next Business Day) in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and date of purchase (which, in the case of any Incremental Purchase (after the initial Incremental Purchase hereunder), shall only be on a Settlement Date) and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit Company agrees to make the purchase. If Conduit Company declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit Company or the Financial Institutions, as applicable, shall deposit to the account designated by the Seller in the applicable Purchase NoticeFacility Account, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of ConduitCompany, the aggregate Purchase Price of the Purchaser Interests Conduit Company is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Plexus Corp)

Increases. Seller shall provide the Agent with at least two (2) Business Days' prior notice in a the form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit agrees to make the purchase. If Conduit declines to make a proposed purchase, the Agent shall will promptly notify Seller and of such fact, whereupon Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the Financial Institutions, as applicable, shall deposit wire transfer to the account designated by the Seller specified in the applicable Purchase Notice, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Meredith Corp)

Increases. Seller shall provide the Agent with at least two Business Days' prior notice in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,00010,000,000 (or an integral multiple thereof) in the case of the initial Incremental Purchase and shall not be less than $500,000 (or an integral multiple thereof) in the case of any subsequent Incremental Purchase) and date of purchase (which shall occur no more frequently than once per calendar week) and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit Company agrees to make the purchase. If Conduit Company declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit Company or the Financial Institutions, as applicable, shall deposit to the account designated by the Seller in the applicable Purchase NoticeFacility Account, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of ConduitCompany, the aggregate Purchase Price of the Purchaser Interests Conduit Company is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Interface Inc)

Increases. Seller shall provide the Agent with at least two Business Days' prior notice in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,0001,000,000 and shall not be greater than the Commitment Availability immediately prior to giving effect to such purchase) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit Company agrees to make the purchase. If Conduit Company declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit Company or the Financial Institutions, as applicable, shall deposit initiate a wire transfer to the account designated by the Seller in the applicable Purchase NoticeFacility Account, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of ConduitCompany, the aggregate Purchase Price of the Purchaser Interests Conduit Company is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's ’s Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Johnson Polymer Inc)

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Increases. Seller shall provide the Agent with at least two Business Days' prior notice in a the form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,0002,000,000) and date of purchase (which, in the case of any Incremental Purchase (after the initial Incremental Purchase hereunder), shall be no more frequent than twice during any calendar month) and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Bank Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit agrees to make the purchase. If Conduit declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the Financial Institutions, as applicable, shall deposit to the account designated by of the Seller designated in the applicable Purchase Notice, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests then being purchased by the Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests then being purchased by the Financial Institutions are purchasingInstitutions.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Lennox International Inc)

Increases. Seller shall provide the Agent with at least two three Business Days' prior notice in a form set forth as Exhibit II II-A hereto of each Incremental Purchase (a "Purchase Notice"). For each Incremental Purchase which is to be made on a date other than a Settlement Date, Seller shall also provide the Agent with an interim monthly report (an "Interim Report") in the form set forth as Exhibit II-B hereto. Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,0001,000,000 and which shall be an integral multiple of $100,000) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Seller may submit to the Agent no more than four Purchase Notices during any Accrual Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit the Company agrees to make the purchase. If Conduit the Company declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit the Company or the Financial Institutions, as applicable, shall deposit to the account designated by the Seller in the applicable Purchase NoticeAccount No. 942-000-0000 xx Fleet National Bank, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of Conduitthe Company, the aggregate Purchase Price of the Purchaser Interests Conduit the Company is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Hypercom Corp)

Increases. Seller shall provide the Agent with at least two (2) Business Days' prior notice in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit agrees to make the purchase. If Conduit declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the Financial Institutions, as applicable, shall deposit to the account designated by the Seller in the applicable Purchase NoticeFacility Account, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing. Only five (5) Purchase Notices may be presented in any calendar month; provided, however, at any time daily settlement is occurring, a Purchase Notice for each Business Day may be presented.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Navistar Financial Corp)

Increases. Seller shall provide the Agent with at least two (2) Business Days' prior notice in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit agrees to make the purchase. If Conduit declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the Financial Institutions, as applicable, shall deposit initiate a wire transfer to the account designated by the Seller in the applicable Purchase NoticeFacility Account, in of immediately available funds, no later than 12:00 noon (Chicago time), in an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's ’s Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Ferrellgas Partners Finance Corp)

Increases. Seller shall provide the Agent with at least two (2) Business Days' prior notice in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit agrees to make the purchase. If Conduit declines to make a proposed purchase, Agent shall notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the Financial Institutions, as applicable, shall deposit wire transfer to the account designated specified by the Seller in the applicable its Purchase Notice, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Performance Food Group Co)

Increases. Seller shall provide the Agent with at least two (2) Business Days' prior notice in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase NoticePURCHASE NOTICE"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000) and date of purchase and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit agrees to make the purchase. If Conduit declines to make a proposed purchasepurchase in whole or in part, the Agent shall will notify Seller and of such fact, whereupon, Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit or the Financial Institutions, as applicable, shall deposit to the account designated specified by the Seller Agent (and the Agent shall deposit to the account specified in the applicable Purchase Notice, ) in immediately available funds, funds no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of Conduit, the aggregate Purchase Price of the Purchaser Interests Conduit is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Weatherford International Inc /New/)

Increases. Seller shall provide notify the Agent with at least two Business Days' prior notice of any proposed Incremental Purchase by 9:00 a.m. (Chicago time) on the proposed date of such Incremental Purchase in a form set forth as Exhibit II hereto of each Incremental Purchase (a "Purchase Notice"). Each Purchase Notice shall be subject to Section 6.2 hereof and, except as set forth below, shall be irrevocable and shall specify the requested Purchase Price (which shall not be less than $1,000,000500,000 and shall be in integral multiples of $100,000) and date of purchase (it being understood and agreed that no more than twelve (12) Incremental Purchases may occur in any one calendar month without the Agent's consent) and, if in the Seller has been notified that such case of an Incremental Purchase shall to be funded by the Financial Institutions, the requested Discount Rate and Tranche Period. Following receipt of a Purchase Notice, the Agent will determine whether Conduit Company agrees to make the purchase. If Conduit Company declines to make a proposed purchase, the Agent shall so notify Seller and Seller may cancel the Purchase Notice or, in the absence of such a cancellation, the Incremental Purchase of the Purchaser Interest will be made by the Financial Institutions. On the date of each Incremental Purchase, upon satisfaction of the applicable conditions precedent set forth in Article VI, Conduit Company or the Financial Institutions, as applicable, shall deposit to the account designated by the Seller in the applicable Purchase NoticeConcentration Account, in immediately available funds, no later than 12:00 noon (Chicago time), an amount equal to (i) in the case of ConduitCompany, the aggregate Purchase Price of the Purchaser Interests Conduit Company is then purchasing or (ii) in the case of a Financial Institution, such Financial Institution's Pro Rata Share of the aggregate Purchase Price of the Purchaser Interests the Financial Institutions are purchasing.

Appears in 1 contract

Samples: Receivables Purchase Agreement (American Commercial Lines LLC)

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