Common use of Purchase Price Payments Clause in Contracts

Purchase Price Payments. (a) On the First Issuance Date and on the Business Day following each day on which any Receivables and Related Purchased Assets are purchased by Buyer pursuant to Article I, on the terms and subject to the conditions of this Agreement, Buyer shall pay to the Sellers the Purchase Price for the Receivables and Related Purchased Assets purchased on such day by Buyer from the Sellers by (i) making a cash payment to the Sellers to the extent that Buyer has cash available to make the payment pursuant to Section 3.3 and (ii) if the Purchase Price to be paid for the Receivables and Related Assets of any Seller exceeds the amount of any cash payment for the account of such Seller on such day pursuant to clause (i), by automatically increasing the principal amount outstanding under the relevant Buyer Notes by the amount of the excess (or at the option of the Parent, if and to the extent it shall become a Seller (as evidenced by notice to Initial Collection Agent if the Initial Collection Agent is other than the Parent), and only in the case of the Parent, when and if it shall become a Seller, such excess shall be deemed to have been contributed to Buyer by the Parent as a capital contribution). The obligation of Buyer to pay the Purchase Price for Receivables that has been deferred pursuant to the preceding paragraph shall be evidenced by Buyer Notes. Each Seller agrees that, prior to the Seller Maturity Date, Buyer shall be required to make payments in respect of the payment obligations evidenced by the Buyer Notes only to the extent that it has cash available under Section 3.3.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Crompton & Knowles Corp)

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Purchase Price Payments. (a) On the First Issuance Date and on the Business Day following each day on which any Receivables and Related Purchased Assets are purchased by Buyer pursuant to Article I, I on the terms and subject to the conditions of this Agreement, Buyer shall pay to the Sellers the Purchase Price (as adjusted in accordance with this Section 3.1) for the Receivables and Related Purchased Assets purchased on such day by Buyer from the Sellers by by: (i) making a cash payment to the Sellers to the extent that Buyer has cash available to make the payment pursuant to Section 3.3 and (ii) if the Purchase Price to be paid for the Receivables and Related Assets of any Seller exceeds the amount of any cash payment for the account of such Seller on such day pursuant to clause (i), then by automatically increasing the principal amount outstanding under the relevant Buyer Notes by the amount of the excess (or at the option of the Parent, if and to the extent it shall become a Seller (as evidenced by notice to Initial Collection Agent if the Initial Collection Agent is other than the Parent), and only in the case of the Parent, when and if it shall become a Seller, such excess shall be deemed to have been contributed to Buyer by the Parent as a capital contribution)otherwise elects. The obligation of Buyer to pay to each Seller the Purchase Price for Receivables that has been deferred pursuant to clause (ii) in the preceding paragraph shall be evidenced by the Buyer NotesNotes issued to such Seller. Each Seller agrees that, prior to the Seller Maturity Date, Buyer shall be required to make payments in respect of the payment obligations evidenced by the Buyer Notes only to the extent that it has cash available under Section 3.3.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Chemtura CORP)

Purchase Price Payments. (a) On the First Issuance Date and on the Business Day following each day on which any Receivables and Related Purchased Assets are purchased by Buyer pursuant to Article I, on the terms and subject to the conditions of this Agreement, Buyer shall pay to the Sellers the Purchase Price for the Receivables and Related Purchased Assets purchased on such day by Buyer from the Sellers by (i) making a cash payment to Servicer (for the Sellers account of the Sellers) to the extent that Buyer has cash available to make the payment pursuant to Section 3.3 and (ii) if the Purchase Price to be paid for the Receivables and Related Assets of any Seller exceeds the amount of any cash payment for the account of such Seller on such day pursuant to clause (i), by (x) automatically increasing the principal amount outstanding under the relevant Buyer Notes by the amount of the excess or (or y) at the option of the Parent, if and to the extent it shall become a Seller Treasure Chest (as evidenced by notice to Initial Collection Agent if the Initial Collection Agent is other than the ParentServicer), and only in the case of the Parent, when and if it shall become a Treasure Chest as Seller, such excess shall be deemed considered to have been contributed to Buyer by the Parent Treasure Chest as a capital contribution). The obligation of Buyer to pay the Purchase Price for Receivables that has been deferred pursuant to the preceding paragraph shall be evidenced by Buyer Notes. Each Seller agrees that, prior to the Seller Maturity Date, Buyer shall be required to make payments in respect of the payment obligations evidenced by the Buyer Notes only to the extent that it has cash available under Section 3.3.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Big Flower Press Holdings Inc)

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Purchase Price Payments. (a) On the First Issuance Date and on the Business Day following each day on which any Receivables and Related Purchased Assets are purchased by Buyer pursuant to Article ARTICLE I, on the terms and subject to the conditions of this Agreement, Buyer shall pay to the Sellers the Purchase Price for the Receivables and Related Purchased Assets purchased on such day by Buyer from the Sellers by (i) making a cash payment to Servicer (for the Sellers account of the Sellers) to the extent that Buyer has cash available to make the payment pursuant to Section SECTION 3.3 and (ii) if the Purchase Price to be paid for the Receivables and Related Assets of any Seller exceeds the amount of any cash payment for the account of such Seller on such day pursuant to clause CLAUSE (i), by (x) automatically increasing the principal amount outstanding under the relevant Buyer Notes by the amount of the excess excess, provided that such increase shall not cause the Issuer Net Worth to be less than $26,000,000, or (or y) at the option of the Parent, if and to the extent it shall become a Seller Xxxxxx (as evidenced by notice to Initial Collection Agent if the Initial Collection Agent is other than the ParentServicer), and only in the case of the Parent, when and if it shall become a Xxxxxx as Seller, such excess shall be deemed considered to have been contributed to Buyer by the Parent Xxxxxx as a capital contribution). The obligation of Buyer to pay the Purchase Price for Receivables that has been deferred pursuant to the preceding paragraph shall be evidenced by Buyer Notes. Each Seller agrees that, prior to the Seller Maturity Date, Buyer shall be required to make payments in respect of the payment obligations evidenced by the Buyer Notes only to the extent that it has cash available under Section SECTION 3.3.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Vertis Inc)

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