Common use of True Sales Clause in Contracts

True Sales. (a) Each of the Originators and the Company intend the transactions hereunder to constitute true sales (or, in the case of Contributed Receivables, conveyances in the form of capital contributions) of Receivables and Related Rights by each of the Originators to the Company, providing the Company with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Company to any Originator.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Terra Industries Inc)

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True Sales. (a) Each of the Originators and the Company Initial Purchaser intend the transactions hereunder to constitute true sales (or, in or where the case of Contributed ReceivablesSubscription Agreement applies, conveyances in the form of capital contributions) of Receivables and Related Rights Assets by each of the Originators to the CompanyInitial Purchaser, providing the Company Initial Purchaser with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Company Initial Purchaser to any Originator.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Standard Products Co)

True Sales. (a) Each of the Originators each Originator and the Company Initial Purchaser intend the transactions hereunder to constitute true sales (or, or in the case of Contributed Receivables, conveyances in the form of capital contributions) of Pool Receivables and the Related Rights by each of the Originators such Originator to the Company, Initial Purchaser providing the Company Initial Purchaser with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Company Initial Purchaser to any Originator.D&K.

Appears in 1 contract

Samples: Purchase and Sale Agreement (D & K Healthcare Resources Inc)

True Sales. (a) Each of the Originators Initial Purchaser and the Company each Originator intend the transactions hereunder to constitute true sales (or, or in the case of Contributed Receivables, conveyances in the form of capital contributions) of Pool Receivables and the Related Rights by each of the Originators such Originator to the Company, Initial Purchaser providing the Company Initial Purchaser with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Company Initial Purchaser to any OriginatorMaxtor.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Maxtor Corp)

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True Sales. (a) Each of the Originators each Originator and the Company Initial Purchaser intend the transactions hereunder to constitute true sales (or, or in the case of Contributed Receivables, conveyances in the form of capital contributions) of Pool Receivables and the Related Rights by each of the Originators such Originator to the Company, Initial Purchaser providing the Company Initial Purchaser with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Company Initial Purchaser to any such Originator.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Conmed Corp)

True Sales. (a) Each of the Originators Originator and the Company Purchaser intend the transactions hereunder to constitute true sales (or, in the case of Contributed Receivables, conveyances in the form of capital contributions) of Receivables and Related Rights Assets by each of the Originators Originator to the Company, Purchaser providing the Company Purchaser with the full benefits of ownership thereof, and no party hereto intends the transactions contemplated hereunder to be, or for any purpose to be characterized as, a loan from the Company Purchaser to any Originator.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mail Well Inc)

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