Common use of Aggregate Amount Clause in Contracts

Aggregate Amount. Anything herein to the contrary notwithstanding, the Company may not make any payment of any Purchase Price in the form of Indebtedness of the Company under the Seller Note unless (i) at the time of such payment and after giving effect thereto, the fair market value of the Company's assets, including any beneficial interests in or indebtedness of a trust and all Receivables and Receivable Assets the Company owns, is greater than the amount of its liabilities, including its liabilities on the Seller Note and all interest and other fees due and payable under the Pooling Agreement and the other Transaction Documents plus $10,000,000 and (ii) the aggregate principal amount of Indebtedness evidenced by the Seller Note, incurred on or before such Payment Date and outstanding on such Payment Date (after giving effect to all repayments thereof on or before such Payment Date) would not exceed 25% of the outstanding balance of the Receivables on such Payment Date. The principal amount of Indebtedness evidenced by the Receivables Sale Agreement Seller Note incurred on any Payment Date shall not, in any event, be greater than the excess, if any, of (x) the Purchase Price for Receivables and other Receivable Assets required to be paid for by the Company on such Payment Date pursuant to Section 2.03 over (y) the portion of such Purchase Price paid in cash pursuant to sub-sections 2.03(b)(i), 2.03(b)(ii) and 2.03(b)(iii).

Aggregate Amount. Anything herein to the contrary notwithstanding, the Company may not make any payment of any Purchase Price in the form of Indebtedness of the Company under the Seller Note unless (i) at the time of such payment and after giving effect thereto, the fair market value of the Company's assets, including any beneficial interests in or indebtedness of a trust and all Receivables and Receivable Assets the Company owns, is greater than the amount of its liabilities, including its liabilities on the Seller Note and all interest and other fees due and payable under the Pooling Agreement and the other Transaction Documents plus $10,000,000 12,000,000 and (ii) the Seller reasonably believes that the Seller Note will be paid in the ordinary course of business of the Company, and in the absence of notice to the contrary, the Seller shall be deemed to have such reasonable belief. In addition, and without limiting the foregoing, the aggregate principal amount of Indebtedness evidenced by the Seller Note, incurred on or before such Payment Date and Note outstanding on such any Payment Date (after giving effect to all additions thereto and repayments thereof on or before such Payment Date) would may not exceed 25% of the outstanding balance of the Receivables on such Payment Date; provided, however, such limitation shall not apply for the period from March 5, 1999 until June 1, 1999 or, subject to obtaining the prior consent of the Rating Agency, during any two-month period occurring in each calendar year, commencing with the calendar year 2000. The principal amount of Indebtedness evidenced by the Receivables Sale Agreement Seller Note incurred on any Payment Date shall not, in any event, be greater than the excess, if any, of (x) the Purchase Price for Receivables and other Receivable Assets required to be paid for by the Company on such Payment Date pursuant to Section 2.03 over (y) the portion of such Purchase Price paid in cash pursuant to sub-sections 2.03(b)(i), 2.03(b)(ii) and 2.03(b)(iii).