Contract Purchases Sample Clauses

Contract Purchases. 2.1 Dealer shall provide Carfinco, in connection with each Contract proposed to be entered into by Dealer and to be sold to Carfinco hereunder, the proposed terms of the Contract, a credit application of the Purchaser and any guarantor in a form approved by Carfinco, and such other available information as Carfinco may request. 2.2 Following the receipt of the documentation described in Article 2.1, Carfinco shall, within five (5) Business Days, provide written notice to Dealer specifying either: (1) the Base Price Carfinco is prepared to pay Dealer in respect of such Contract, or; (2) that Carfinco is not prepared to purchase such Contract. 2.3 If, following receipt of Carfinco's notice pursuant to Article 2.2 in respect of a proposed Contract, Dealer wishes to sell such Contract to Carfinco: (1) Dealer shall deliver to Carfinco, within five (5) Business Days following receipt of such notice: (a) a duly executed original of the Contract, having the terms specified pursuant to Article 2.1, together with a duly executed original of any guarantee of the Contract; (b) a copy of the duly executed of the ▇▇▇▇ of Sale from Dealer in respect of the Subject Vehicle; (c) proof of the Purchaser's insurance covering damage, destruction and theft of the Subject Vehicle, including collision insurance with a maximum $750 deductible (or minimum Provincial requirement if higher than $750); and (d) copies of all other documents, instruments and agreements and business records relating to the Contract, the Subject Vehicle or the sale of the Subject Vehicle by Dealer; (2) upon such deliveries, this Agreement shall operate, without further act or formality, as the sale, assignment and transfer to Carfinco of the Contract and any guarantee thereof, and all rights and benefits of Dealer thereunder, including all right, title and interest of Dealer in and to the Subject Vehicle; and (3) unless, within five (5) Business Days following receipt of the documentation referred to in (1) above, Carfinco raises any objection to such documentation or any breach of any representation, warranty or covenant pursuant to Article 3.1(4) with respect to such Contract or any guarantee thereof, Carfinco shall pay to Dealer the Base Price of such Contract as specified in the notice referred to in Article 2.2 above. If Carfinco raises any objection or breach pursuant to (3) above, the provisions of (2) above, and the obligation of Carfinco to pay Dealer any amounts pursuant to (3) above, shall be d...
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Contract Purchases. The Company's obligations hereunder to purchase and ------------------ pay for Contracts and other Transferred Assets on any Contract Grant Date are subject to the fulfillment of the following conditions: (i) The Company shall have received (a) the Credit Agreement executed by all the parties thereto and (b) all conditions to lending set forth in Section 3.01 and 3.02 of the Credit Agreement shall have been fulfilled, to --------------------- the extent they are capable of being fulfilled prior to the performance by the Company of its obligations under this Agreement, and a certificate to such effect delivered by the Company pursuant to the Credit Agreement shall be conclusive for purposes of this Agreement; (ii) The representations and warranties of the Seller, FCI, FMB and the VB Subsidiaries made herein and the Seller as Servicer under the Credit Agreement shall be true and correct in all material respects on the Effective Restatement Date. (iii) The representations and warranties of Seller made herein and as Servicer in the Credit Agreement shall be true and correct in all material respects on the Contract Grant Date.
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Related to Contract Purchases

  • Report of Contract Purchases Contractor shall furnish quarterly reports containing total sales for both State Agency and other Authorized User contract purchases no later than thirty (30) days after the close of each calendar quarter using the form set out in Appendix E, Report of Contract Purchases. In addition to Contractor direct sales, Contractor shall submit sales information for all resellers, dealers, distributors or other authorized distribution channels, where such contract sales are provided by other than the Contractor. A separate report shall be provided for each authorized distribution channel. Contractors shall verify if each alternate vendor is a NYS certified minority- or women- owned business (MBE or WBE, respectively). Contractors shall verify such status through the Empire State Development minority- and women-owned businesses database at: ▇▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/frontend/diversityusers.asp.. The required reporting elements will be provided by OGS. Reports will consist of an itemized report of all services provided and invoiced, shall be forwarded electronically in Excel (.xls or .xlsx) Format to the OGS Centralized Contract Administrator containing the information requested within the attachment workbook. If appropriate means are integrated into the NYS Statewide Financial System (SFS) Portal to allow direct input of the required reporting information, submission of the Report of Contract Purchases will migrate to that venue and the Contractor will follow the reporting format established within the SFS Vendor Portal. Announcement of any such new capability and reporting requirement will be made via a purchasing memorandum which will be forwarded to Contractor.

  • Equipment Purchases If this Agreement includes the purchase of equipment, this section is applicable. The JBE may, at its option, repair any damaged or replace any lost or stolen items and deduct the cost thereof from Contractor’s invoice to the JBE, or require Contractor to repair or replace any damaged, lost, or stolen equipment to the satisfaction of the JBE at no expense to the JBE. If a theft occurs, Contractor must file a police report immediately.

  • Purchases By executing the Term Contract, the Contractor agrees to allow Customers to make purchases off the Term Contract. Purchases from Customers other than the Department are independent of the agreement between the Department and the Contractor, and the Department shall not be a party to such transaction. Customers’ purchases off the Term Contract are limited to Products offered under the Term Contract, and no additional Products may be provided under a purchase off the Term Contract.

  • Subsequent Purchases After the Closing Date, until the Purchase and Sale Termination Date, each Receivable and the Related Rights generated by each Originator shall be, and shall be deemed to have been, sold or contributed, as applicable, by such Originator to the Buyer immediately (and without further action) upon the creation of such Receivable.

  • VWAP Purchases Upon the initial satisfaction of all of the conditions set forth in Section 7.2 (the “Commencement” and the date of initial satisfaction of all of such conditions, the “Commencement Date”) and from time to time thereafter, subject to the satisfaction of all of the conditions set forth in Section 7.3, the Company shall have the right, but not the obligation, to direct the Investor, by its timely delivery to the Investor of a VWAP Purchase Notice for a VWAP Purchase (each, a “VWAP Purchase”), specifying in such VWAP Purchase Notice (a) the VWAP Purchase Percentage for such VWAP Purchase and (b) whether a Limit Order Continue Election or a Limit Order Discontinue Election shall apply to such VWAP Purchase, on the applicable Purchase Date therefor, to purchase a specified VWAP Purchase Share Amount, which shall not exceed the applicable VWAP Purchase Maximum Amount, at the applicable VWAP Purchase Price therefor on such Purchase Date in accordance with this Agreement. The Company may timely deliver to the Investor a VWAP Purchase Notice for a VWAP Purchase on any Trading Day selected by the Company as the Purchase Date for such VWAP Purchase, so long as (i) the Closing Sale Price of the Common Stock on the Trading Day immediately preceding such Purchase Date is not less than the Threshold Price, and (ii) all Shares subject to all prior VWAP Purchases and Intraday VWAP Purchases (as applicable) pursuant to this Agreement have been received by the Investor as DWAC Shares prior to the Company’s delivery to the Investor of such VWAP Purchase Notice for such VWAP Purchase on such Purchase Date. The Investor is obligated to accept each VWAP Purchase Notice prepared and delivered by the Company in accordance with the terms of and subject to the satisfaction of the conditions contained in this Agreement. If the Company delivers any VWAP Purchase Notice directing the Investor to purchase a VWAP Purchase Share Amount in excess of the applicable VWAP Purchase Maximum Amount that the Company is then permitted to include in such VWAP Purchase Notice (taking into account the VWAP Purchase Percentage specified by the Company in the applicable VWAP Purchase Notice for such VWAP Purchase), such VWAP Purchase Notice shall be void ab initio to the extent of the amount by which the VWAP Purchase Share Amount set forth in such VWAP Purchase Notice exceeds such applicable VWAP Purchase Maximum Amount, and the Investor shall have no obligation to purchase, and shall not purchase, such excess Shares pursuant to such VWAP Purchase Notice; provided, however, that the Investor shall remain obligated to purchase the applicable VWAP Purchase Maximum Amount pursuant to such VWAP Purchase. At or prior to 5:30 p.m., New York City time, on the Purchase Date for each VWAP Purchase, the Investor shall provide to the Company, by email correspondence to each of the individual notice recipients of the Company set forth in the applicable VWAP Purchase Notice, a written confirmation for such VWAP Purchase, setting forth the applicable VWAP Purchase Price per Share to be paid by the Investor for the Shares purchased by the Investor in such VWAP Purchase, and the total aggregate VWAP Purchase Price to be paid by the Investor for the total VWAP Purchase Share Amount purchased by the Investor in such VWAP Purchase. Notwithstanding the foregoing, the Company shall not deliver any VWAP Purchase Notices to the Investor during the PEA Period, any Allowable Grace Period or any MPA Period.