Tertiary Purchase Agreement definition
Examples of Tertiary Purchase Agreement in a sentence
The Borrower will perform all of its obligations under the Tertiary Purchase Agreement in all material respects and will enforce the Tertiary Purchase Agreement in accordance with its terms in all material respects.
All such assignees, including parties to the Tertiary Purchase Agreement and the RIPA in the case of assignment to such parties, shall be third party beneficiaries of, and shall be entitled to enforce the Purchaser’s rights and remedies under, this Agreement to the same extent as if they were parties thereto, except to the extent specifically limited under the terms of their assignment.
All such assignees, including parties to the Secondary Purchase Agreement, the Tertiary Purchase Agreement and the RIPA in the case of assignment to such parties, shall be third party beneficiaries of, and shall be entitled to enforce the Purchaser’s rights and remedies under, this Agreement to the same extent as if they were parties thereto, except to the extent specifically limited under the terms of their assignment.
The Borrower will use the proceeds of the Loans solely for the purchase of Transferred Assets and Related Security with respect thereto from Cayman SPE I pursuant to the Tertiary Purchase Agreement, to repay Debt owing under the Receivables Financing Agreement and to pay transaction costs, fees and expenses in connection with this Agreement.
Pursuant to the provisions of Section 5.01(m) of each of the Agreement, the Tertiary Purchase Agreement and the Secondary Purchase Agreement , each of the Program Agent and each Investor Agent hereby consents to the amendments to the Purchase Agreements referred to in clause (f) of Section 2.
In accordance with the terms of Section 5.01(m) of each of the Agreement, the Secondary Purchase Agreement and the Tertiary Purchase Agreement, each of the Program Agent, the Investor Agents, Cayman SPE I and the Borrower consents to the amendments to each of the Originator Purchase Agreement, the Secondary Purchase Agreement and the Tertiary Purchase Agreement contemplated by Section 2(b) of this Amendment Agreement.
So long as HQ is acting as the Collection Agent hereunder, amounts paid as the Collection Agent Fee pursuant to this Section 2.05(a) shall reduce, on a dollar-for-dollar basis, the obligation of the Borrower to pay the "Collection Agent Fee" pursuant to Section 6.03 of the Tertiary Purchase Agreement, provided that such obligation of the Borrower shall in no event be reduced below zero.