Common use of SPV Payments Limited to Collections Clause in Contracts

SPV Payments Limited to Collections. Notwithstanding any provision contained in this Agreement to the contrary, the Agent and the Class Agents shall not, and shall not be obligated (whether on behalf of the Conduit Investors or the Alternate Investors), to pay any amount to the SPV as the purchase price of Receivables pursuant to subsection (b) above except to the extent of Collections on Receivables available for distribution to the SPV in accordance with this Agreement. Any amount which the Agent or any Class Agent (whether on behalf of the related Conduit Investors or the related Alternate Investors) does not pay pursuant to the preceding sentence shall not constitute a claim (as defined in §101 of the Bankruptcy Code) against, or corporate obligation of, the Agent or such Class Agent for any such insufficiency unless and until such amount becomes available for distribution to the SPV under Section 2.12.

Appears in 5 contracts

Samples: Transfer and Administration Agreement (United Stationers Inc), Transfer and Administration Agreement (United Stationers Inc), Transfer and Administration Agreement (United Stationers Inc)

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SPV Payments Limited to Collections. Notwithstanding any provision contained in this Agreement to the contrary, the Agent and the Class Managing Agents shall not, and shall not be obligated (whether on behalf of the Conduit Investors or the Alternate Committed Investors), to pay any amount to the SPV as the purchase price of Receivables pursuant to subsection subsections (b) and (c) above except to the extent of Collections on Receivables available for distribution to the SPV in accordance with this Agreement. Any amount which the Agent or any Class a Managing Agent (whether on behalf of the related Conduit Investors or the related Alternate Committed Investors) does not pay pursuant to the preceding sentence shall not constitute a claim (as defined in §§ 101 of the Bankruptcy Code) against, against or corporate obligation of, the Agent or of such Class Managing Agent for any such insufficiency unless and until such amount becomes available for distribution to the SPV under Section 2.12.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Norfolk Southern Corp)

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