Common use of Conditions Precedent to All Investments Clause in Contracts

Conditions Precedent to All Investments. Each Investment hereunder on or after the Closing Date shall be subject to the conditions precedent that: (a) the Seller shall have delivered to the Administrative Agent and each Group Agent an Investment Request for such Investment in accordance with Section 2.02(a); (b) the Servicers shall have delivered to the Administrative Agent and each Group Agent a pro forma Information Package, reflecting the Aggregate Capital, Total Reserves and the Capital Coverage Amount, each as calculated after giving effect to the proposed Investment; (c) none of the conditions specified in Section 2.01(i) through (iv) shall exist after giving effect to such Investment; (d) on the date of such Investment the following statements shall be true and correct (and upon the occurrence of such Investment, each SPV Entity and each Servicer shall be deemed to have represented and warranted that such statements are then true and correct): (i) the representations and warranties of each SPV Entity and each Servicer contained in Sections 6.01 and 6.02 are true and correct in all material respects on and as of the date of such Investment as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date; (ii) no Termination Event or Unmatured Termination Event has occurred and is continuing, and no Termination Event or Unmatured Termination Event would result from such Investment; (iii) no Capital Coverage Deficit exists or would exist after giving effect to such Investment; and (e) the Maturity Date shall not have occurred.

Appears in 3 contracts

Sources: Receivables Purchase Agreement (NCR Corp), Receivables Purchase Agreement (NCR Corp), Receivables Purchase Agreement (NCR Corp)

Conditions Precedent to All Investments. Each Investment hereunder on or after the Closing Date shall be subject to the conditions precedent that: (a) the Seller shall have delivered to the Administrative Agent and each Group Agent Purchaser an Investment Request for such Investment Investment, in accordance with Section 2.02(a); (b) the Servicers Master Servicer shall have delivered to the Administrative Agent and each Group Agent a pro forma Information Package, reflecting the Aggregate Capital, Total Reserves Purchaser all Monthly Reports and the Capital Coverage Amount, each as calculated after giving effect Weekly Reports required to the proposed Investmentbe delivered hereunder; (c) none of the conditions precedent to such Investment specified in Section 2.01(i2.01(a)(i) through (iv) iii), shall exist after giving effect to such Investmentbe satisfied; (d) on the date of such Investment the following statements shall be true and correct (and upon the occurrence of such Investment, each SPV Entity the Seller and each the Master Servicer shall be deemed to have represented and warranted that such statements are then true and correct): (i) the representations and warranties of each SPV Entity the Seller and each the Master Servicer contained in Sections 6.01 7.01 and 6.02 7.02 are true and correct in all material respects on and as of the date of such Investment as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date; (ii) no Event of Termination Event or Unmatured Event of Termination Event has occurred and is continuing, and no Event of Termination Event or Unmatured Event of Termination Event would result from such Investment; (iii) no Capital Coverage Deficit exists or would exist after giving effect to such Investment; and (eiv) the Maturity Termination Date shall has not have occurred.

Appears in 3 contracts

Sources: Receivables Purchase Agreement (Nabors Industries LTD), Receivables Purchase Agreement (Nabors Industries LTD), Receivables Purchase Agreement (Nabors Industries LTD)

Conditions Precedent to All Investments. Each Investment hereunder on or after the Closing Date shall be subject to the conditions precedent that: (a) the Seller shall have delivered to the Administrative Agent and each Group Agent an Investment Request for such Investment Investment, in accordance with Section 2.02(a); (b) the Servicers Servicer shall have delivered to the Administrative Agent and each Group Agent a pro forma Information Package, reflecting the Aggregate Capital, Total Reserves and the Capital Coverage Amount, each as calculated after giving effect all Pool Reports required to the proposed Investment;be delivered hereunder; and (c) none of the conditions specified in Section 2.01(i) through (iv) shall exist after giving effect to such Investment; (d) on the date of such Investment the following statements shall be true and correct (and upon the occurrence of such Investment, each SPV Entity the Seller and each the Servicer shall be deemed to have represented and warranted that such statements are then true and correct): (i) the representations and warranties of each SPV Entity the Seller and each the Servicer contained in Sections 6.01 and 6.02 are true and correct in all material respects on and as of the date of such Investment as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date; (ii) no Termination Event of Default or Unmatured Termination Event Potential Default has occurred and is continuing, and no Termination Event of Default or Unmatured Termination Event Potential Default would result from such Investment; (iii) no Capital Coverage Amount Deficit exists or would exist after giving effect to such Investment (calculated based on the Capital Coverage Amount set forth in the most recent Pool Report and accounting for any Investments made since the date of such Pool Report); (iv) immediately after giving effect to such Investment, no Purchaser’s aggregate outstanding Capital will exceed such Purchaser’s Commitment; (v) the Termination Date has not occurred; and (evi) the Maturity Date shall Aggregate Capital equals or exceeds the Minimum Funding Threshold; and (vii) the aggregate Outstanding Balance of all Sold Receivables does not have occurredexceed the Aggregate Capital.

Appears in 2 contracts

Sources: Receivables Purchase Agreement (Kinetik Holdings Inc.), Receivables Purchase Agreement (Mativ Holdings, Inc.)

Conditions Precedent to All Investments. Each Investment hereunder on or after the Closing Date shall be subject to the conditions precedent that: (a) the Seller shall have delivered to the Administrative Agent and each Group Agent an Investment Request for such Investment in accordance with Section 2.02(a); (b) the Servicers shall have delivered to the Administrative Agent and each Group Agent a pro forma Information Package, reflecting the Aggregate Capital, Total Reserves and the Capital Coverage Amount, each as calculated after giving effect to the proposed Investment; (c) none of the conditions specified in Section 2.01(i) through (iv) shall exist after giving effect to such Investment; (d) on the date of such Investment the following statements shall be true and correct (and upon the occurrence of such Investment, each SPV Entity and each Servicer shall be deemed to have represented and warranted that such statements are then true and correct): (i) the representations and warranties of each SPV Entity and each Servicer contained in Sections 6.01 and 6.02 are true and correct in all material respects on and as of the date of such Investment as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date; (ii) no Termination Event or Unmatured Termination Event has occurred and is continuing, and no Termination Event or Unmatured Termination Event would result from such Investment; (iii) no Capital Coverage Deficit exists or would exist after giving effect to such Investment; and (iv) the Aggregate Capital exceeds the Minimum Funding Threshold; and (e) the Maturity Date shall not have occurred.

Appears in 1 contract

Sources: Receivables Purchase Agreement (NCR Corp)

Conditions Precedent to All Investments. Each Investment hereunder on or after the Closing Date shall be subject to the conditions precedent that: (a) the Seller shall have delivered to the Administrative Agent and each Group Agent Purchaser an Investment Request for such Investment Investment, in accordance with Section 2.02(a); (b) the Servicers Master Servicer shall have delivered to the Administrative Agent and each Group Agent a pro forma Information Package, reflecting the Aggregate Capital, Total Reserves and the Capital Coverage Amount, each as calculated after giving effect Purchaser all Monthly Reports required to the proposed Investmentbe delivered hereunder; (c) none of the conditions precedent to such Investment specified in Section 2.01(i2.01(a)(i) through (iv) iii), shall exist after giving effect to such Investmentbe satisfied; (d) on the date of such Investment the following statements shall be true and correct (and upon the occurrence of such Investment, each SPV Entity the Seller and each the Master Servicer shall be deemed to have represented and warranted that such statements are then true and correct): (i) the representations and warranties of each SPV Entity the Seller and each the Master Servicer contained in Sections 6.01 7.01 and 6.02 7.02 are true and correct in all material respects on and as of the date of such Investment as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date; (ii) no Event of Termination Event or Unmatured Event of Termination Event has occurred and is continuing, and no Event of Termination Event or Unmatured Event of Termination Event would result from such Investment; (iii) no Capital Coverage Deficit exists or would exist after giving effect to such Investment; and (eiv) the Maturity Termination Date shall has not have occurred.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Nabors Industries LTD)

Conditions Precedent to All Investments. Each Investment hereunder on or after the Closing Date shall be subject to the conditions precedent that: (a) the Seller shall have delivered to the Administrative Agent and each Group Agent an Investment Request for such Investment Investment, in accordance with Section 2.02(a); (b) the Servicers Servicer shall have delivered delivered, or shall have caused the Administrator to deliver on behalf of the Servicer, to the Administrative Agent and each Group Agent a pro forma Information Package, reflecting the Aggregate Capital, Total Reserves all Monthly Reports and the Capital Coverage Amount, each as calculated after giving effect Daily Reports required to the proposed Investmentbe delivered hereunder; (c) none of the conditions precedent to such Investment specified in Section 2.01(i2.01(a)(i) through (iv) ), shall exist after giving effect to such Investmentbe satisfied; (d) on the date of such Investment the following statements shall be true and correct (and upon the occurrence of such Investment, each SPV Entity the Seller and each the Servicer shall be deemed to have represented and warranted that such statements are then true and correct): (i) the representations and warranties of each SPV Entity the Seller and each the Servicer contained in Sections 6.01 7.01 and 6.02 7.02 are true and correct in all material respects on and as of the date of such Investment as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date; (ii) no Event of Termination Event or Unmatured Event of Termination Event has occurred and is continuing, and no Event of Termination Event or Unmatured Event of Termination Event would result from such Investment; (iii) no Capital Coverage Deficit exists or would exist after giving effect to such Investment; and (eiv) the Maturity Termination Date shall has not have occurred...

Appears in 1 contract

Sources: Receivables Purchase Agreement (Synchronoss Technologies Inc)

Conditions Precedent to All Investments. Each Investment hereunder on or after the Closing Date shall be subject to the conditions precedent that: (a) the Seller shall have delivered to the Administrative Agent and each Group Agent Purchaser an Investment Request for such Investment Investment, in accordance with Section 2.02(a); (b) the Servicers Servicer shall have delivered to the Administrative Agent and each Group Agent a pro forma Information Package, reflecting the Aggregate Capital, Total Reserves and the Capital Coverage Amount, each as calculated after giving effect Purchaser all Pool Reports required to the proposed Investmentbe delivered hereunder; (c) none of the conditions precedent to such Investment specified in Section 2.01(i2.01(a)(i) through (iviii) shall exist after giving effect to such Investmentbe satisfied; (d) on the date of such Investment the following statements shall be true and correct (and upon the occurrence of such Investment, each SPV Entity the Seller and each the Servicer shall be deemed to have represented and warranted that such statements are then true and correct): (i) the representations and warranties of each SPV Entity the Seller and each the Servicer contained in Sections 6.01 and 6.02 are true and correct in all material respects on and as of the date of such Investment as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date; (ii) no Termination Event of Default or Unmatured Termination Event of Default has occurred and is continuing, and no Termination Event of Default or Unmatured Termination Event of Default would result from such Investment; (iii) no Capital Coverage Deficit exists or would exist after giving effect to such Investment; and (eiv) the Maturity Termination Date shall has not have occurred.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Harsco Corp)

Conditions Precedent to All Investments. Each Investment hereunder on or after the Closing Date shall be subject to the conditions precedent that: (a) the a Seller shall have has delivered to the Administrative Agent and each Group Agent an Investment Request for such Investment Investment, in accordance with Section 2.02(a); (b) the Servicers a Servicer shall have delivered to the Administrative Agent and each Group Agent a pro forma all Information Package, reflecting Packages and Weekly Reports required to be delivered hereunder and under the Aggregate Capital, Total Reserves Purchase and the Capital Coverage Amount, each as calculated after giving effect to the proposed InvestmentSale Agreements; (c) none of the conditions restrictions with respect to such Investment specified in Section 2.01(i2.01(a)(i) through (iv) shall exist after giving effect to such Investment;not be violated; and (d) on the date of such Investment the following statements shall be true and correct (and upon the occurrence of such Investment, each SPV Entity Seller and each Servicer shall be deemed to have represented and warranted that such statements are then true and correct): (i) the representations and warranties of each SPV Entity Seller and each Servicer contained in Sections 6.01 7.01 and 6.02 7.02 are true and correct in all material respects on and as of the date of such Investment as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date; (ii) no Cross-Default Event, Event of Termination Event or Unmatured Event of Termination Event has occurred and is continuing, and no Cross-Default Event, Event of Termination Event or Unmatured Event of Termination Event would result from such Investment; (iii) no Capital Coverage Deficit exists or would exist after giving effect to such Investment; (iv) the Aggregate Capital does not exceed the Facility Limit; and (ev) the Maturity Termination Date shall has not have occurred.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Dayforce, Inc.)

Conditions Precedent to All Investments. Each Investment hereunder on or after the Closing Date shall be subject to the conditions precedent that: (a) the Seller shall have delivered to the Administrative Agent and each Group Agent an Investment Request for such Investment in accordance with Section 2.02(a); (b) the Servicers shall have delivered to the Administrative Agent and each Group Agent a pro forma Information Package, reflecting the Aggregate Capital, Total Reserves and the Capital Coverage Amount, each as calculated after giving effect to the proposed Investment; (c) none of the conditions specified in Section 2.01(i) through (iv) shall exist after giving effect to such Investment; (d) on the date of such Investment the following statements shall be true and correct (and upon the occurrence of such Investment, each SPV Entity and each Servicer shall be deemed to have represented and warranted that such statements are then true and correct): (i) the representations and warranties of each SPV Entity and each Servicer contained in Sections 6.01 and 6.02 are true and correct in all material respects on and as of the date of such Investment as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date; (ii) no Termination Event or Unmatured Termination Event has occurred and is continuing, and no Termination Event or Unmatured Termination Event would result from such Investment; (iii) no Capital Coverage Deficit exists or would exist after giving effect to such Investment; (iv) the Aggregate Capital exceeds the Minimum Funding Threshold; and (e) the Maturity Date shall not have occurred.

Appears in 1 contract

Sources: Receivables Purchase Agreement (NCR Atleos Corp)