Additional Originators. Additional Persons may be added as Originators hereunder, with the prior written consent of the Company and Mellon Bank, N.A. (the "Administrator"), which consent may be given or withheld in each of the Company's and the Administrator's sole discretion; provided, that the following conditions are satisfied on or before the date of such addition: (a) The Servicer shall have given the Administrator and the Company at least ten Business Days prior written notice of such proposed addition and the identity of the proposed additional Originator and shall have provided such other information with respect to such proposed additional Originator as the Administrator may reasonably request; (b) such proposed additional Originator has executed and delivered to the Company and the Administrator an agreement substantially in the form attached hereto as Exhibit C (a "Joinder Agreement"); (c) such proposed additional Originator has delivered to the Company and the Administrator each of the documents with respect to such Originator described in Sections 4.1 and 4.2; (d) the receivables intended to be sold by such additional Originator to the Company hereunder shall be Purchased Receivables; and (e) no Purchase and Sale Termination Event shall have occurred and be continuing.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Commercial Metals Co), Purchase and Sale Agreement (Commercial Metals Co)
Additional Originators. Additional Persons may be added as Originators hereunder, with the prior written consent of the Company and Mellon Bank, N.A. the Administrator (the "Administrator"), which consent consents may be given granted or withheld in each of the Company's and the Administrator's their sole discretion); provided, provided that the following conditions are satisfied or waived in writing by the Administrator on or before the date of such addition:
(a) The the Servicer shall have given the Administrator Company and the Company Administrator at least ten Business Days thirty (30) days’ prior written notice of such proposed addition and the identity of the proposed additional Originator and shall have provided such other information with respect to such proposed additional Originator as the Company and the Administrator may reasonably requestrequest consistent with information provided for existing Originator or Originators;
(b) such proposed additional Originator has shall have executed and delivered to the Company and the Administrator an agreement substantially in the form attached hereto as Exhibit C (a "“Joinder Agreement"”);
(c) such proposed additional Originator has shall have delivered to the Company and the Administrator (as the Company’s assignee) each of the documents with respect to such Originator described in Sections 4.1 Section 4.1, in each case in form and 4.2;
(d) the receivables intended to be sold by such additional Originator substance satisfactory to the Company hereunder shall be Purchased Receivables; and
and the Administrator (e) no Purchase and Sale Termination Event shall have occurred and be continuing.as the Company’s assignee);
Appears in 1 contract
Additional Originators. Additional Persons may be added as Originators hereunder, with the prior written consent of the Company Buyer and Mellon Bank, N.A. the Administrator (the "Administrator"), which consent consents may be given granted or withheld in each of the Company's and the Administrator's their sole discretion); provided, provided that the following conditions are satisfied on or before the date of such addition:
(a) The the Servicer shall have given the Administrator Buyer and the Company Administrator at least ten Business Days thirty days’ prior written notice of such proposed addition and the identity of the proposed additional Originator and shall have provided such other information with respect to such proposed additional Originator as the Administrator may reasonably request;
(b) such proposed additional Originator has executed and delivered to the Company Buyer and the Administrator an agreement substantially in the form attached hereto as Exhibit C (a "“Joinder Agreement"”);
(c) such proposed additional Originator has delivered to the Company Buyer and the Administrator (as the Buyer’s assignee) each of the documents with respect to such Originator described in Sections 4.1 and 4.2;
(d) the receivables intended to be sold by such additional Originator , in each case in form and substance satisfactory to the Company hereunder shall be Purchased ReceivablesBuyer, the Administrator (as the Buyer’s assignee); and
(ed) no Purchase and Sale Termination Event Date or Unmatured Purchase and Sale Termination Date shall have occurred and be continuing.. 701741768 12403015
Appears in 1 contract
Additional Originators. Additional Persons may be added as Originators hereunder, with the prior written consent of the Company and Mellon BankCompany, N.A. (the "Administrator"), which consent may be given or withheld in each of the Company's Purchaser Agents and the Administrator's sole discretion; provided, provided that the following conditions are satisfied on or before the date of such addition:
(a) The Servicer shall have given the Purchaser Agents, and the Administrator and the Company at least ten Business Days thirty days prior written notice of such proposed addition and the identity of the proposed additional Originator and shall have provided such other information with respect to such proposed additional Originator as the Administrator or the Purchaser Agents may reasonably request;
(b) such proposed additional Originator has executed and delivered to the Company Company, the Purchaser Agents and the Administrator an agreement substantially in the form attached hereto as Exhibit C (a "Joinder Agreement");
(c) such proposed additional Originator has delivered to the Company Company, Purchaser Agents and the Administrator each of the documents with respect to such Originator described in Sections 4.1 and 4.24.2 to the extent applicable;
(d) the receivables intended to be sold by such additional Originator to the Company hereunder shall be Purchased Receivables; and
(e) no Purchase and Sale Termination Event Date shall have occurred and be continuingoccurred.
Appears in 1 contract
Sources: Purchase and Sale Agreement (York International Corp /De/)
Additional Originators. Additional Persons may be added as Originators hereunder, with the prior written consent of the Company and Mellon Bank, N.A. (the "Administrator"), which consent may be given or withheld in each of the Company's and the Administrator's sole discretion; provided, provided that the following conditions are satisfied on or before the date of such addition:
(a) The Servicer Company shall have given the Administrator and the Company at least ten Business Days thirty days prior written notice of such proposed addition and the identity of the proposed additional Originator and shall have provided such other information with respect to such proposed additional Originator as the Administrator may reasonably request;
(b) such proposed additional Originator has executed and delivered to the Company and the Administrator an agreement substantially in the form attached hereto as Exhibit C B (a "“Joinder Agreement"”);
(c) such proposed additional Originator has delivered to the Company and the Administrator (as the total assignee of the Company) each of the documents with respect to such Originator described in Sections 4.1 and 4.2;
(d) the receivables intended to be sold by such additional Originator , in each case in form and substance satisfactory to the Company hereunder shall be Purchased Receivablesand the Administrator (as the total assignee of the Company); and
(ed) no Purchase and Sale Termination Event Date shall have occurred and be continuing.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Arch Western Resources LLC)
Additional Originators. Additional Persons may be added as Originators hereunder, with the prior written consent of the Company and Mellon Bank, N.A. (the "Administrator"), which consent may be given or withheld in each of the Company's and the Administrator's sole discretion; provided, PROVIDED that the following conditions are satisfied on or before the date of such addition:
(a) The Servicer shall have given the Administrator and the Company at least ten Business Days thirty days prior written notice of such proposed addition and the identity of the proposed additional Originator and shall have provided such other information with respect to such proposed additional Originator as the Administrator may reasonably request;
(b) such proposed additional Originator has executed and delivered to the Company and the Administrator an agreement substantially in the form attached hereto as Exhibit EXHIBIT C (a "Joinder AgreementJOINDER AGREEMENT");
(c) such proposed additional Originator has delivered to the Company and the Administrator each of the documents with respect to such Originator described in Sections SECTIONS 4.1 and 4.2;
(d) the receivables intended to be sold by such additional Originator to the Company hereunder shall be Purchased Receivables; and
(e) no Purchase and Sale Termination Event Date shall have occurred and be continuingoccurred.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Worthington Industries Inc)