Addition of Receivables Clause Samples
The Addition of Receivables clause establishes the process by which new receivables can be incorporated into an existing agreement, such as a receivables purchase or financing arrangement. Typically, this clause outlines the criteria that new receivables must meet, the documentation required, and the procedure for notifying the other party of their addition. By providing a clear mechanism for expanding the pool of receivables, this clause ensures flexibility for the parties and helps maintain the accuracy and scope of the agreement as new transactions occur.
Addition of Receivables. Subject to satisfaction of the conditions specified in Section 4.3, the Transferor may sell, transfer, assign and convey Additional Receivables on any Addition Date. On each Addition Date, the Servicer shall provide the Administrative Agent with a Daily Receivables File identifying all Additional Receivables sold on such Addition Date. On the Original Closing Date and on each Determination Date starting in December 2015, the Servicer shall provide the Administrative Agent with an updated Receivables Schedule identifying the Transferred Receivables sold on or prior to such date. Each Receivables Schedule and Daily Receivables File shall be incorporated herein by reference and shall be made a part of this Agreement. Notwithstanding the conditions for the sale and transfer of Additional Receivables on an Addition Date, there shall be no conditions for the transfer and sale of Replacement Receivables from the Transferor to the Administrative Agent (for the benefit of the Owners) relating to and following the exercise of Jump Contract Features. Notwithstanding anything in this Agreement to the contrary, the Transferor may sell, assign, transfer or otherwise convey Additional Receivables to the Administrative Agent (for the benefit of the Owners) to the extent necessary to cure an Asset Base Deficiency.
Addition of Receivables. All receivables which meet the definition of Receivables shall be included as Receivables from and after the date upon which such Receivables are created and all such Receivables, whether such Receivables are then existing or thereafter created, shall be sold auto matically to the Buyer upon creation by the Seller.
Addition of Receivables. (a) Subject to subsections 2.6(b) and (c), all receivables which meet the definition of Receivables shall be included as Receivables from and after the date upon which such Receivables are first acquired by the Transferor and all such Receivables, whether such Receivables are then existing or thereafter created, shall be transferred automatically to the Trust upon purchase by the Transferor.
(b) The Transferor shall not transfer to the Trust Receivables of new Obligors as Eligible Receivables unless, in addition to satisfying the requirements of clauses (a) through (f) of the definition of Eligible Receivables, the following condition is met: unless the Rating Agencies otherwise consent, with respect to any Monthly Period the number of new Obligors on Receivables (which shall include any Obligors who, prior to the relevant measuring period, did not have a relationship with Fingerhut, FNB or any Affiliate thereof) since the first day of the eleventh preceding Monthly Period that are Back End Customers minus the number of new Obligors on Receivables that are Back End Customers who have previously been approved by the Rating Agencies since the first day of such eleventh preceding Monthly Period shall not exceed 20% of the number of Back End Customers on Receivables in the Trust at the close of business on the last day of such eleventh preceding Monthly Period. In addition, the Transferor may elect at any time, or may be required in accordance with the preceding sentence, to suspend the automatic inclusion of receivables in new accounts which would otherwise be Additional Accounts as of any Business Day (the "Automatic Addition Suspension Date"), or terminate any such inclusion as of any Business Day (an "Automatic Addition Termination Date") until a date (the "Restart Date") to be identified in writing by the Transferor to the Trustee, the Servicer and each Rating Agency at least 10 days prior to such Restart Date. Promptly after an Automatic Addition Suspension Date or any Automatic Addition Termination Date, or a Restart Date, the Transferor and the Trustee agree to execute and the Transferor agrees to record and file at its own expense an amendment to the financing statements referred to in Section 2.1 to specify the Accounts the Receivables in which are then subject to this Agreement (which specification may incorporate a list of accounts by reference) and may, except in connection with any such filing made after a Restart Date, release any security inter...
Addition of Receivables. If on any Determination Date the Trust Interest on such date is less than the Minimum Trust Interest as of the end of the immediately preceding Monthly Period, the Seller shall, unless otherwise permitted under the Series Supplement pursuant to which the Minimum Trust Interest is calculated (or unless it reduces the outstanding principal balance of any outstanding variable funding notes so that the Trust Interest will be at least equal to the Minimum Trust Interest), designate additional Eligible Receivables ("Additional Receivables") to be included as Trust Assets in a sufficient amount such that the Trust Interest is at least equal to such Minimum Trust Interest. Such Additional Receivables shall be transferred to the Issuer on or before the Transfer Date immediately following such Determination Date.
Addition of Receivables. Subject to satisfaction of the conditions specified in Section 4.3, the Transferor may sell, transfer, assign and convey Additional Receivables on any Addition Date. On the Amendment and Restatement Closing Date and on each Determination Date starting in March 2021, the Servicer shall provide the Administrative Agent with an updated Receivables Schedule identifying the Transferred Receivables outstanding on the last day of the calendar month preceding the Amendment and Restatement Closing Date or such Determination Date, as applicable. In addition, (i) on each Funding Date, the Servicer shall prepare and deliver to the Administrative Agent a Bringdown Receivables File identifying all Additional Receivables sold by the Transferor to the Administrative Agent (for the benefit of the Owners) pursuant to this Agreement on each Addition Date occurring during the period from (but excluding) the as of date of the immediately preceding Receivables Schedule to (and including) the date of such Funding Date, and (ii) during a Weekly Reporting Period (if any), the Servicer shall prepare and deliver to the Administrative Agent a Weekly Report on each Weekly Report Delivery Date. Each Receivables Schedule, Bringdown Receivables File and Weekly Report shall be incorporated herein by reference and shall be made a part of this Agreement.
Addition of Receivables. (a) If on any Determination Date the Trust Interest on such date is less than the Minimum Trust Interest as of the end of the immediately preceding Monthly Period, the Seller shall, unless otherwise permitted under the Series Supplement pursuant to which the Minimum Trust Interest is calculated (or unless it reduces the outstanding principal balance of any outstanding variable funding notes so that the Trust Interest will be at least equal to the Minimum Trust Interest), designate additional Eligible Receivables ("Additional Receivables") to be included as Trust Assets in a sufficient amount such that the Trust Interest is at least equal to such Minimum Trust Interest. Such Additional Receivables shall be transferred to the Issuer on or before the Transfer Date immediately following such Determination Date.
(b) In addition to its obligation under subsection 2.06(a), the Seller may, but shall not be obligated to, designate on any date Additional Receivables to be included as Trust Assets.
(c) [RESERVED].
(d) The Seller agrees that any such transfer of Additional Receivables by it under subsection 2.06(a) or (b) shall satisfy the following conditions (to the extent provided below): (i) on or before the third Business Day prior to the Addition Date with respect to additions pursuant to subsection 2.06(a) (the "Notice Date"), it shall give the Owner Trustee, the Indenture Trustee and the Servicer written notice that such Additional Receivables will be included, which notice shall specify the approximate aggregate amount of the Originator Receivables to be transferred, and the applicable Originator of the Originator Receivable; and
Addition of Receivables. Subject to satisfaction of the conditions specified in Section 4.3, the Transferor may sell, transfer, assign and convey Additional Receivables on any Addition Date. On each AdditionWeekly Delivery Date, the Servicer shall provideprepare and deliver to the Administrative Agent with a Dailya Weekly Receivables File identifying all Additional Receivables sold on such Addition Date.during the period from (and including) Monday on the calendar week immediately preceding the calendar week in which such Weekly Delivery Date occurs to (and including) Sunday in the calendar week in which such Weekly Delivery Date occurs. On the Original Closing Date and on each Determination Date starting in December 2015, the Servicer shall provide the Administrative Agent with an updated Receivables Schedule identifying the Transferred Receivables sold on or prior to such date. Each Receivables Schedule and DailyWeekly Receivables File shall be incorporated herein by reference and shall be made a part of this Agreement. Notwithstanding the conditions for the sale and transfer of Additional Receivables on an Addition Date, there shall be no conditions for the transfer and sale of Replacement Receivables from the Transferor to the Administrative Agent (for the benefit of the Owners) relating to and following the exercise of Jump Contract Features. Notwithstanding anything in this Agreement to the contrary, the Transferor may sell, assign, transfer or otherwise convey Additional Receivables to the Administrative Agent (for the benefit of the Owners) to the extent necessary to cure an Asset Base Deficiency.
Addition of Receivables. Subject to satisfaction of the conditions specified in Section 4.3, the Transferor may sell, transfer, assign and convey Additional Receivables on any Addition Date. On each Weekly Delivery Date, the Servicer shall prepare and deliver to the Administrative Agent a Weekly Receivables File identifying all Additional Receivables sold during the period from (and including) Monday on the calendar week immediately preceding the calendar week in which such Weekly Delivery Date occurs to (and including) Sunday in the calendar week in which such Weekly Delivery Date occurs. On the Original Closing Date and on each Determination Date starting in December 2015, the Servicer shall provide the Administrative Agent with an updated Receivables Schedule identifying the Transferred Receivables sold on or prior to such date. Each Receivables Schedule and Weekly Receivables File shall be incorporated herein by reference and shall be made a part of this Agreement. Notwithstanding the conditions for the sale and transfer of Additional Receivables on an Addition Date, there shall be no conditions for the transfer and sale of Replacement Receivables from the Transferor to the Administrative Agent (for the benefit of the Owners) relating to and following the exercise of JumpUpgrade Contract Features. Notwithstanding anything in this Agreement to the contrary, the Transferor may sell, assign, transfer or otherwise convey Additional Receivables to the Administrative Agent (for the benefit of the Owners) to the extent necessary to cure an Asset Base Deficiency.
Addition of Receivables. Unless either the Seller or the Buyer shall provide written notice to the other party in writing, all receivables which meet the definition of Receivables shall be included as Receivables from and after the date upon which such Receivables are created or acquired by the Seller and all such Receivables, whether such Receivables are then existing or thereafter created or acquired, shall be automatically sold to the Buyer, and receivables which do not meet the definition of Receivables shall not be sold to the Buyer. For the purpose of this Agreement, all receivables of such Receivables shall be treated as Receivables upon their creation or acquisition by the Seller and shall be subject to the eligibility criteria specified in the definition of "Eligible Receivables"
Addition of Receivables. (a) All receivables which meet the definition of Receivables shall be included as Receivables from and after the date upon which such Receivables are created and all such Receivables, whether such Receivables are then existing or thereafter created, shall be transferred automatically to the Trust upon purchase by the Transferor.
(b) Receivables shall be transferred to the Trust as Eligible Receivables if, in addition to satisfying the requirements of clauses (a) through (g) of the definition of Eligible Receivables, the following condition is met: unless M▇▇▇▇'▇ otherwise consents, with respect to any Monthly Period the number of new obligors on Fingerhut and FNB receivables (which shall include any obligors who, prior to the relevant measuring period, did not have a relationship with Fingerhut or FNB) since the first day of the eleventh preceding Monthly Period (or, in the case of any date on or before the last day of the June 1995 Monthly Period, the last day of the June 1994 Monthly Period) that are Back End Customers on Receivables minus the number of new obligors on Fingerhut and FNB receivables that are Back End Customers on Receivables who have previously been approved by M▇▇▇▇'▇ since the first day of such eleventh preceding Monthly Period (or the last day of the June 1994 Monthly Period, as the case may be) shall not exceed 25% of the number of Back End Customers on Receivables at the close of business on the last day of such Monthly Period.