Maximum Financeable Amount. (a) The Parties agree that (i) the relevant Financeable Amounts, for all French Sellers, cannot exceed in aggregate the Maximum Financing Amount less the aggregate Financed Amounts and (ii) that, for the avoidance of doubt, the total amount of the Financed Amounts shall never exceed the Maximum Financing Amount. (b) Should the aggregate Financeable Amounts for all French Sellers potentially exceed the Maximum Financing Amount less the aggregate Financed Amounts, the maximum Financeable Amount in respect of which such French Sellers may request Financing from the Factor shall be reduced pro tanto up to the Maximum Financing Amount less the aggregate Financed Amounts (the “Maximum Financeable Amount”). (c) The Factor shall allocate the Maximum Financeable Amount among the French Sellers by applying, for each French Seller, the pro rata share of such French Seller in the aggregate balance of the Asset Accounts of all French Sellers, unless otherwise notified by the Sellers’ Agent to the Factor at the latest at the time the relevant Funding Request is sent to the Factor.
Appears in 3 contracts
Sources: Factoring Agreement, Factoring Agreement (Constellium Holdco B.V.), Factoring Agreement (Constellium Holdco B.V.)