Common use of Terms of Sales Clause in Contracts

Terms of Sales. (a) On the date hereof, the Buyer (i) ratifies and confirms its purchase and acceptance of all Receivable Assets sold, transferred and assigned pursuant to the Existing Receivables Sale Agreement and (ii) does accept from each Seller, and each such Seller does sell, transfer and assign to the Buyer, such Seller’s right, title and interest in, to and under those Receivable Assets that are sold hereunder. As consideration for such sales, transfers and assignments of Receivable Assets, the Buyer has paid or caused to be paid (in the case of Receivable Assets sold pursuant to the Existing Receivables Sale Agreement) and shall pay or cause to be paid (in the case of Receivable Assets sold on the date hereof) to each such Seller on the date hereof an amount (the amount paid for all Receivable Assets on the date hereof being such Seller’s “Initial Purchase Price”) agreed upon prior to such date, between such Seller and the Buyer, to be the reasonably equivalent value for such Receivable Assets as of such date. On the date hereof the Buyer shall pay to the respective Sellers as part of the total Initial Purchase Price paid to the respective Sellers the total amount which the Purchasers shall pay to the Buyer in Capital on such date under the Receivables Purchase Agreement. To the extent that such amount is not sufficient to enable the Buyer to pay the Initial Purchase Price due to any Seller or Sellers hereunder, the Buyer shall on such date pay to such Seller or Sellers the Initial Purchase Price due to such Seller or Sellers in a manner set forth in subsection (c) of this Section 2.02.

Appears in 1 contract

Samples: Receivables Sale Agreement (Crown Holdings Inc)

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Terms of Sales. (a) On the date hereofof the Existing Receivables Contribution and Sale Agreement (in the case of each Seller other than Crown (Canada)) and on the date hereof (in the case of Crown (Canada)), the Buyer (i) ratifies and confirms its purchase and acceptance of all Receivable Assets sold, transferred and assigned pursuant to the Existing Receivables Sale Agreement and (ii) does accept from each Seller, and each such Seller does sell, transfer and assign to the Buyer, such Seller’s 's right, title and interest in, to and under those Receivable Assets that are sold hereunderoutstanding on such date. As consideration for such salessale, transfers transfer and assignments assignment of Receivable AssetsAssets on such date, the Buyer has paid or caused to be paid (in the case of Receivable Assets sold pursuant to the Existing Receivables Sale Agreement) and shall pay (or cause to be paid (in the case of Receivable Assets sold on the date hereofpaid) to each such Seller on the such date hereof an amount (the amount paid for all Receivable Assets on the date hereof being such Seller’s “'s "Initial Purchase Price") agreed upon prior to such date, between such Seller and the Buyer, Buyer to be the reasonably equivalent value for such Receivable Assets as of such date. On the date of the Existing Receivables Contribution and Sale Agreement (in the case of each Seller other than Crown (Canada)) and on the date hereof (in the case of Crown (Canada)) the Buyer shall pay to the respective Sellers as part of the total Initial Purchase Price paid to the respective Sellers the total amount which the Purchasers shall pay to the Buyer in Capital on such date under the Receivables Purchase Agreement. To the extent that such amount is not sufficient to enable the Buyer to pay the Initial Purchase Price due to any Seller or Sellers hereunder, the Buyer shall on such date pay to such Seller or Sellers the Initial Purchase Price due to such Seller or Sellers in a manner set forth in subsection (c) of this Section 2.02.

Appears in 1 contract

Samples: Receivables Contribution and Sale Agreement (Crown Cork & Seal Co Inc)

Terms of Sales. (a) On the date hereof, the Buyer (i) ratifies and confirms its purchase and acceptance of all Receivable Assets sold, transferred and assigned pursuant to the Existing Receivables Contribution and Sale Agreement (other than Excluded Receivables reconveyed to the Sellers pursuant to the Reconveyance Agreement on the date hereof) and (ii) does accept from each Seller (other than the Former Canadian Seller), and each such Seller does sell, transfer and assign to the Buyer, such Seller’s right, title and interest in, to and under those Receivable Assets that are sold hereunderoutstanding on such date. As consideration for such sales, transfers and assignments of Receivable Assets, the Buyer has paid or caused to be paid (in the case of Receivable Assets sold pursuant to the Existing Receivables Contribution and Sale Agreement) and shall pay or cause to be paid (in the case of Receivable Assets sold on the date hereof) to each such Seller on the date hereof an amount (the amount paid for all Receivable Assets on the date hereof being such Seller’s “Initial Purchase Price”) agreed upon prior to such date, between such Seller and the Buyer, to be the reasonably equivalent value for such Receivable Assets as of such date. On the date hereof the Buyer shall pay to the respective Sellers as part of the total Initial Purchase Price paid to the respective Sellers the total amount which the Purchasers shall pay to the Buyer in Capital on such date under the Receivables Purchase Agreement. To the extent that such amount is not sufficient to enable the Buyer to pay the Initial Purchase Price due to any Seller or Sellers hereunder, the Buyer shall on such date pay to such Seller or Sellers the Initial Purchase Price due to such Seller or Sellers in a manner set forth in subsection (c) of this Section 2.02.

Appears in 1 contract

Samples: Receivables Contribution and Sale Agreement (Crown Holdings Inc)

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Terms of Sales. (a) On the date hereof, the Buyer (i) ratifies and confirms its purchase and acceptance of all Receivable Assets sold, transferred and assigned pursuant to the Existing Receivables Sale Agreement and (ii) does accept from each Seller, and each such Seller does sell, transfer and assign to the Buyer, such Seller’s 's right, title and interest in, to and under those Receivable Assets that are sold hereunderoutstanding on the date hereof. As consideration for such sales, transfers and assignments of Receivable Assets, Assets on the date hereof the Buyer has paid or caused to be paid (in the case of Receivable Assets sold pursuant to the Existing Receivables Sale Agreement) and shall pay (or cause to be paid (in the case of Receivable Assets sold on the date hereofpaid) to each such Seller on the date hereof an amount (such Seller's "INITIAL PURCHASE PRICE") equal to the amount paid for all Receivable Assets product of (i) the aggregate Outstanding Balance on the date hereof being such Seller’s “Initial Purchase Price”) agreed upon prior to such date, between of Seller Receivables purchased from such Seller and outstanding on the Buyer, date hereof and (ii) the Discount Percentage applicable to be such Seller Receivables on the reasonably equivalent value for such Receivable Assets as of such datedate hereof. On the date hereof the Buyer shall pay to the respective such Sellers as part of the total Initial Purchase Price paid to the respective such Sellers the total amount which the Purchasers shall pay to the Buyer in Capital on such date for the Purchases under the Receivables Purchase AgreementAgreement relating to such Seller Receivables. To the extent that such amount is not sufficient to enable the Buyer to pay the Initial Purchase Price due to any such Seller or Sellers hereunder, the Buyer shall on such the date hereof pay to such Seller or Sellers the Initial Purchase Price due to such Seller or Sellers in a manner set forth in subsection (c) of this Section SECTION 2.02.

Appears in 1 contract

Samples: Receivables Contribution and Sale Agreement (Worldcom Inc)

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