APA Purchaser definition

APA Purchaser means each party (or assignee thereof) who has executed a signature page of an Asset Purchase Agreement, which execution obligates such party to become a purchaser or an assignee of all or any part of the applicable Conduit Principal’s interest in the Eligible Mortgage Loans at any time, pursuant to the related Asset Purchase Agreement or an assignee of such purchaser’s obligations to purchase Eligible Mortgage Loans from Seller.
APA Purchaser means a designee or nominee of the Senior Secured Notes Trustee (or their designee or nominee).
APA Purchaser means a purchaser (or assignee thereof) of all or any part of the Purchased Interest, at any time, pursuant to the Asset Purchase Agreement or an assignee of the Buyer's obligations to purchase from the Seller undivided percentage ownership interests in Receivables. "Asset Purchase Agreement" -------------------------- shall mean an Asset Purchase Agreement dated as of March 31, 1997, as amended by First Amendment thereto dated as of March 31, 1998, among the Seller, the Buyer, the Administrative Agent and each of the Purchasers signatory thereto, as the same may from time to time be amended, supplemented or otherwise modified. "Attributable Debt" ------------------ shall mean, for any Person, in respect of a Sale/Leaseback Transaction, as at the time of determination, the present value (discounted at the interest rate assumed in making calculations in accordance with FAS 13) of the total obligations of such Person, as seller/lessee, for rental payments during the remaining term of the lease included in such Sale/Leaseback Transaction (including any period for which such lease has been extended). "Average Collection Period" -------------------------- shall mean, at any time, a period of days equal to the product of (i) a fraction the numerator of which shall be the amount set forth in the most recent Monthly Report under the caption "Receivables, beginning of month" and the denominator of which shall be the "Collections" as set forth in the most recent Monthly Report and (ii) 30. "Base Rate" ---------- shall mean, for any day, the higher of (i) the prime rate announced from time to time by Xxxxxx Guaranty Trust Company of New York in effect on such day, and (ii) (x) the rate equal to the weighted average of the rates on overnight Federal funds transactions with members of the Federal Reserve System arranged by Federal funds brokers, as published for such day (or, if such day is not a Business Day, for the next preceding Business Day) by the Federal Reserve Bank of New York, or, if such rate is not so published for any day that is a Business Day, the average of the quotations for such day for such transactions received by Xxxxxx Guaranty Trust Company of New York from three Federal funds brokers of recognized standing selected by it, plus (y) one-half of one percent (1/2%). "Business Day" ------------- shall mean any day other than a Saturday, Sunday, public holiday under the Laws of the State of Delaware or the State of New York or any other day on which b...

Examples of APA Purchaser in a sentence

  • In the event that Purchaser chooses to further develop and/or commercialize a technology comprising, in whole or in part, AAI DS Proprietary Technology, and the AAI DS Proprietary Technology is not already licensed to Purchaser under the APA, Purchaser must first obtain a license for such development and/or commercialization from AAI DS, to be memorialized by a separate writing negotiated in good faith by AAI DS and Purchaser.

  • Notwithstanding the foregoing, the Asset Purchase Agreement shall govern the ability of an APA Purchaser to assign, participate, or otherwise transfer any portion of the Purchased Interest owned by such APA Purchaser.

  • In furtherance of the foregoing, the Buyer and each APA Purchaser shall be entitled to enforce their respective rights created under this Agreement without the need to conduct such enforcement through the Administrative Agent except as provided herein.

  • Questions in regard to a Right To Know Request that was submitted regarding Seismic Bracing as it relates to Meyers High School.

  • DFC shall pay to each APA Purchaser a liquidity fee (the "LIQUIDITY FEE"), payable quarterly in arrears, on the last day of each calendar quarter during the period such APA Purchaser has a Purchase Commitment under this Asset Purchase Agreement and on the earlier of the Expiration Date or such Purchaser's Purchase Termination Date, as the same may be extended from time to time.

  • Until repaid in accordance with the terms of this Agreement, each Cash Secured Advance shall bear interest at a rate equal to the rate earned by the applicable APA Purchaser on the investment of the credit balance of its Collateral Purchase Account pursuant to Section 1.07(b).

  • Each of the Agent, the Administrative Agent and DFC does represent to each APA Purchaser, however, that the Percentage Interest which is sold to each APA Purchaser hereunder pursuant to Section 2(b) is, at the time of sale, free and clear of any adverse claims created by or arising as a result of claims against the Agent, the Administrative Agent or DFC.

  • Such interest shall be payable only to the extent of funds received as interest, yield, gain, or other amounts realized by the applicable APA Purchaser on the investment of the credit balance of its Collateral Purchase Account payable as and when such funds are received by the 2 7 applicable APA Purchaser in respect of the investment of the credit balance of its Collateral Purchase Account.

  • Each APA Purchaser who executes an attached signature page hereby consents to the extension of such APA Purchaser's Purchase Termination Date to the date specified on such signature page.

  • Each of the Company, the Administrative Agent, each APA Purchaser, and the Guarantor agrees not to cause the filing of a petition in bankruptcy against the Purchaser for failure to pay amounts due under this Repurchase Agreement until the payment in full of the Obligations and not before one year and one day (or if longer, the applicable preference period then in effect) have elapsed since such payment.


More Definitions of APA Purchaser

APA Purchaser means a party executing a counterpart of a signature page hereto and each Eligible Assignee that shall become a party to this Asset Purchase Agreement pursuant to this Section 9, and (ii) the term "ELIGIBLE ASSIGNEE" shall mean any Person which (A) is reasonably acceptable to the Agent, (B) is approved by OFL which approval shall not be unreasonably withheld, (C) either (x) has short-term debt rated at least "P-1" by Xxxxx'x and "A-1+" by S&P or (y) is acceptable to Xxxxx'x and S&P and (D) executes an Assignment of Purchase Commitment.

Related to APA Purchaser

  • Purchaser means the organization purchasing the goods.

  • Bona fide purchaser means a purchaser of property for value who was not knowingly a party to fraud or illegality affect- ing the interest of the spouses or other parties to the transaction, does not have notice of an adverse claim by a spouse and acted in the transaction in good faith.

  • The Purchaser means the organization purchasing the Goods, as named in SCC.

  • Ultimate purchaser means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale.

  • Original Purchaser means the original purchaser of the Bonds designated by the Fiscal Officer in the Certificate of Award.

  • First purchaser means the first buyer of a manufactured item that contains ferrous or nonferrous metal in a retail or business-to-business transaction. A person that purchases scrap metal, or other property described in section 10, in violation of this act, or an automotive recycler, pawnshop, scrap metal recycler, or scrap processor is not considered a first purchaser.

  • Investor is defined in the preamble to this Agreement.

  • BIDDER/Seller which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the second part.

  • U.S. Purchaser is (a) any U.S. Person that purchased Units, (b) any person that purchased Units on behalf of any U.S. Person or any person in the United States, (c) any purchaser of Units that received an offer of the Units while in the United States, (d) any person that was in the United States at the time the purchaser’s buy order was made or the subscription agreement for Units was executed or delivered;

  • Additional Purchased Securities Securities provided by Seller to Buyer pursuant to Paragraph 4(a) hereof;

  • Selling Shareholder has the meaning set forth in Section 3.04(a).

  • Additional Purchasers means purchasers of Additional Notes.

  • Power Purchaser means the entity that is purchasing the capacity and energy to be transmitted under the Tariff.

  • Defaulting Purchaser means, subject to Section 2.11(c), any Purchaser that (a) has failed to (i) fund all or any portion of such Purchaser’s Pro Rata Share of any Payment Amount by the time such amount was required to be funded hereunder unless such Purchaser notifies the Administrative Agent and the Seller Representative in writing that such failure is the result of such Purchaser’s good faith determination that one or more of the conditions precedent to funding (specifically identified in writing and including the particular default if any) has not been satisfied, or (ii) pay to the Administrative Agent or any other Purchaser any other amount required to be paid by it hereunder within two Business Days of the date when such payment is due, (b) has notified the Seller Representative, any Seller, the Administrative Agent, or any Purchaser in writing that it does not intend to comply with its funding obligations hereunder, or has made a public statement to the effect that it does not intend to comply with any of its funding obligations under this Agreement (unless such writing or public statement indicates that such position is based on such Purchaser’s good faith determination that a condition precedent to funding (specifically identified and including the particular default, if any) cannot be satisfied) or generally under other agreements in which it commits to extend credit, (c) has failed, within three Business Days after written request by the Administrative Agent or the Seller Representative, to confirm in writing to the Administrative Agent and the Seller Representative that it will comply with its prospective funding obligations hereunder (provided that such Purchaser shall cease to be a Defaulting Purchaser pursuant to this clause (c) upon receipt of such written confirmation by the Administrative Agent and the Seller Representative) or (d) has, or has a direct or indirect parent company that has, (i) become the subject of an Insolvency Event; provided that a Purchaser shall not be a Defaulting Purchaser solely by virtue of the ownership or acquisition of any equity interest in that Purchaser or any direct or indirect parent company thereof by a Governmental Authority so long as such ownership interest does not result in or provide such Purchaser with immunity from the jurisdiction of courts within the United States or from the enforcement of judgments or writs of attachment on its assets or permit such Purchaser (or such Governmental Authority) to reject, repudiate, disavow or disaffirm any contracts or agreements made with such Purchaser. Any determination by the Administrative Agent that a Purchaser is a Defaulting Purchaser under any one or more of clauses (a) through (d) above shall be conclusive and binding absent manifest error, and such Purchaser shall be deemed to be a Defaulting Purchaser (subject to Section 2.11(c)) upon delivery of written notice of such determination to the Seller Representative and each Purchaser.

  • Purchasers is defined in Section 12.3.1.

  • Prospective Purchaser shall have the meaning set forth herein in Section 2.2(a).

  • Selling Stockholder means any Stockholder owning Registrable Shares included in a Registration Statement.

  • Substitute Purchaser is defined in Section 21.

  • Purchaser/ User means ultimate recipient of goods and services

  • Buyer has the meaning set forth in the preamble.

  • Purchaser Affiliate means any affiliate of the Purchaser, including a transferee who is an affiliate of the Purchaser, and any person who controls the Purchaser or any affiliate of the Purchaser within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act; and

  • Third Party Purchaser means any Person who, immediately prior to the contemplated transaction, (a) does not directly or indirectly own or have the right to acquire any outstanding Common Stock or (b) is not a Permitted Transferee of any Person who directly or indirectly owns or has the right to acquire any Common Stock.

  • Original Purchasers means RBC Capital Markets, LLC, Chicago, Illinois, and the other original purchasers designated by the Fiscal Officer in the Certificate of Award.

  • Purchaser Group means, at any time, the group of companies comprised of the Purchasers, the Guarantor and the Guarantor’s subsidiaries at that time.

  • Standby Purchaser shall have the meaning set forth in the preamble hereof.

  • Foreign Purchaser has the meaning assigned thereto in Section 8(d).