Receivables Securitization Facility definition
Receivables Securitization Facility any one or more receivables financing facilities the obligations of which are non-recourse (except for customary representations, warranties, covenants and indemnities made in connection with such facilities) to the Borrower and its Restricted Subsidiaries (other than a Receivables Subsidiary) pursuant to which the Borrower or any Restricted Subsidiary sells its accounts receivable to either (a) a Person that is not a Restricted Subsidiary or (b) a Receivables Subsidiary that in turn funds such purchase by purporting to sell the accounts receivable to a Person that is not a Restricted Subsidiary or by borrowing from such a Person or from another Receivables Subsidiary that in turn funds itself by borrowing from such a Person.
Receivables Securitization Facility means the receivables securitization facility established pursuant to the following documents (and all other documents related to such facility), in each case as in effect from time to time, and any replacement, refinancing or extension thereof permitted pursuant to the terms of Section 5.14 (b)(vii) hereof: (i) that certain Third Amended and Restated Master Trust Agreement, dated as of August 19, 2003, by and among the Company, TMM Logistics, S.A. de C.V., Naviera Del ▇▇▇▇▇▇▇▇, ▇.▇. de C.V. and The Bank of New York, as trustee, as amended by Amendment Number One to Third Amended and Restated Master Trust Agreement, dated as of December 29, 2003; (ii) that certain Amended and Restated Option Agreement, dated as of October 25, 2002, by and between TMM Multimodal and The Bank of New York, as amended by that certain Amendment Number Three to Amended and Restated Option Agreement, dated as of August 19, 2003, and that certain Amendment Number Four to Amended and Restated Option Agreement, dated as of December 29, 2003, by and between TMM Multimodal and The Bank of New York; (iii) that certain Amended and Restated Put Option Agreement, dated as of October 25, 2002, by and between TMM Multimodal and The Bank of New York, as amended by that certain Amendment Number Three to Amended and Restated Put Option Agreement, dated as of August 19, 2003, and that certain Amendment Number Four to Amended and Restated Put Option Agreement, dated as of December 29, 2003, by and between TMM Multimodal and The Bank of New York; (iv) that certain Series 2003-A Supplement, dated as of August 19, 2003, as amended by Amendment Number One to Series 2003-A Supplement, dated as of December 29, 2003, by and among the Company, TMM Logistics, S.A. de C.V., Naviera Del ▇▇▇▇▇▇▇▇, ▇.▇. de C.V., The Bank of New York, and Maple Bank GmbH; (v) those certain Series 2003-A Investor Certificates issued by the Company in a principal amount equal to U.S. $54,000,000.00 and authorized by the Series 2003-A Supplement; (vi) that certain Amended and Restated Account Control Agreement, dated as of October 25, 2002, by and among The Bank of New York, as Trustee, the Company, Naviera del ▇▇▇▇▇▇▇▇, ▇.▇. de C.V. and TMM Logistics, S.A. de C.V. and Citibank, N.A., as amended by that certain Amendment Number One to the Amended and Restated Account Control Agreement, dated as of December 10, 2002 and as amended by that certain Amendment Number Two to the Amended and Restated Account Control Agreement, dated as...
Receivables Securitization Facility means (i) the Receivables Purchase Facility established for Aramark Receivables, LLC pursuant to the Receivables Purchase Agreement dated as of 28th March, 2001 among Aramark Receivables, LLC and any other parties thereto, as amended and in effect from time to time and (ii) any substantially similar receivable securitisation facility established for the Company or any of its Subsidiaries which constitutes a sale of assets pursuant to United States generally accepted accounting principles.
Examples of Receivables Securitization Facility in a sentence
To the extent that the Company reborrows any amounts under the Receivables Securitization Facility which had been previously repaid with any Net Cash Proceeds from any Asset Disposition or Qualifying Disposition or any VAT Cash Proceeds, such action shall be deemed an Asset Disposition for purposes of this Indenture and any proceeds received therefrom shall be deemed Net Cash Proceeds of an Asset Disposition for purposes of this Section 5.18.
Except for extensions and renewals, C▇▇▇▇▇ shall (a) provide Agent with written notice of any proposed amendment, modification or other change to, and each consent to a departure from, the terms or provisions of the Receivables Securitization Facility and (b) promptly following the effectiveness thereof, provide Agent with a copy of each such amendment, modification or other change to, and each such consent to a departure from, the terms or provisions of the Receivable Securitization Facility.
All liabilities of Zale and its Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles, including without duplication, all liabilities of Zale and its Subsidiaries, whether or not so classified, under the Receivables Securitization Facility Documents; provided, however, that any deferred fresh start credit as of the date of determination shall not be considered to be a liability.
Each of the Lenders shall have received from each of the Borrowers a copy, certified by a duly authorized officer of such Person to be true and complete on the Closing Date, of each of (i) its charter or other incorporation documents as in effect on such date of certification, (ii) its by-laws as in effect on such date, (iii) the Receivables Securitization Facility Documents as in effect on the Closing Date, and (iv) the Indenture and the Debentures as in effect on the Closing Date.
As defined in the Receivables Securitization Facility Documents as in effect on the Closing Date or as such term is defined in any replacement, successor or additional Receivables Securitization Facility Document.
More Definitions of Receivables Securitization Facility
Receivables Securitization Facility has the meaning set forth in the defined term “Permitted Receivables Facility”.
Receivables Securitization Facility means the receivables securitization facility established pursuant to that certain (i) Amended and Restated Transfer and Administration Agreement, dated as of May 28, 2021, by and among Thoroughbred Funding, Inc., Norfolk Southern Railway Company, as Originator and Servicer, the Company, the Conduit Investors, the Committed Investors, the Managing Agents and SMBC Nikko Securities America, Inc., as Administrative Agent, (ii) Sale Agreement, dated as of November 8, 2007, by and between Norfolk Southern Railway Company and Thoroughbred Funding, Inc. and (iii) Performance Guaranty, dated as of November 8, 2007, made by the Company in favor of the Conduit Investors, the Committed Investors, the Managing Agents and the Administratiave Agent, each as amended, restated, supplemented or otherwise modified from time to time, and any related documents, agreements, or instruments, including any refinancing, replacement, or extension thereof.
Receivables Securitization Facility means the accounts receivable securitization facility provided for by (a) the Receivables Purchase Agreement, (b) the Receivables Securitization Facility Subordinated Note, (c) certain purchase and sale agreements and (d) all documents, agreements, and instruments relating to any of the foregoing, in each case, as amended, restated, amended and restated, modified, supplemented, renewed, replaced or refinanced through the Effective Date and from time to time thereafter to the extent permitted hereunder.
Receivables Securitization Facility means the receivables securitization facility established pursuant to the Amended and Restated Master Trust Agreement, dated as of September [___], 2002, and the documents related thereto, in each case as in effect from time to time, and any replacement, refinancing or extension thereof.
Receivables Securitization Facility any one or more receivables financing facilities the obligations of which are non-recourse (except for customary representations, warranties, covenants and indemnities made in connection with such facilities) to the Parent Borrower and its Restricted Subsidiaries (other than a Receivables Subsidiary) pursuant to which the Parent Borrower or any Restricted Subsidiary sells its accounts receivable to either (a) a Person that is not a Restricted Subsidiary or (b) a Receivables Subsidiary that in turn funds such purchase by purporting to sell the accounts receivable to a Person that is not a Restricted Subsidiary or by borrowing from such a Person or from another Receivables Subsidiary that in turn funds itself by borrowing from such a Person. “Receivables Subsidiary”: any Subsidiary of the Parent Borrower formed for the purpose of facilitating or entering into one or more Receivables Facilities, and in each case engages only in activities reasonably related or incidental thereto; provided that each Receivables Subsidiary shall at all times be a Wholly Owned Subsidiary of a Loan Party. “Recovery Event”: any settlement of, or payment in respect of, any property or casualty insurance claim or any condemnation proceeding relating to any asset of any Group Member. “Reference Period”: each period of four consecutive fiscal quarters of the Parent Borrower. 45
Receivables Securitization Facility the $125,000,000 accounts receivable securitization facility provided for by (a) the Purchase and Sale Agreement, (b) the Receivables Purchase Agreement and (c) all documents, agreements, and instruments relating to either of the foregoing, in each case, as amended, modified, or supplemented through the Closing Date and from time to time thereafter to the extent permitted by subsection 10.1 of the Purchase and Sale Agreement, Section 6.1 of the Receivables Purchase Agreement and Section 10.2.17 hereof.
Receivables Securitization Facility the accounts receivable securitization facility in an amount not to exceed $175,000,000 provided for by (a) the Purchase and Sale Agreement, (b) the Receivables Purchase Agreement and (c) all documents, agreements, and instruments relating to either of the foregoing, in each case, as amended, modified, or supplemented through the Closing Date and from time to time thereafter to the extent permitted by subsection 10.1 of the Purchase and Sale Agreement, Section 6.1 of the Receivables Purchase Agreement and Section 10.2.17 hereof. 1 Borrowers to deliver current version of this agreement along with all amendments, and to certify as true, correct and complete copies as part of the closing deliveries.