Reduction of Buyer's Allocation. Notwithstanding anything to the contrary contained herein, if, on any Settlement Date prior to the occurrence of a Liquidation Day (after giving effect to all payments required to be made by the Seller or the Servicer to or for the account of the applicable Buyer pursuant to this Section 5.03 and any increase in the Liberty Net Investment or the Gotham Net Investment effected on such day or on any day after the immediately preceding Settlement Date), the Aggregate Buyer’s Allocations of the Buyers would exceed one hundred percent (100%), the Seller shall make a payment of an amount in immediately available funds to the Managing Agents for the account of the related Buyers as a reduction of the Liberty Net Investment and the Gotham Net Investment, based on their Pro Rata Portion, such that, after giving effect to such payment, the Aggregate Buyer’s Allocations is equal to one hundred percent (100%).
Appears in 1 contract
Sources: Receivables Purchase Agreement (Commercial Metals Co)
Reduction of Buyer's Allocation. Notwithstanding anything to the contrary contained herein, if, on any Settlement Date prior to the occurrence of a Liquidation Day (after giving effect to all payments required to be made by the Seller or the Servicer to or for the account of the applicable Buyer pursuant to this Section 5.03 and any increase in the Liberty Net Investment or the Gotham TRFCO Net Investment effected on such day or on any day after the immediately preceding Settlement Date), the Aggregate Buyer’s 's Allocations of the Buyers would exceed one hundred percent (100%), the Seller shall make a payment of an amount in immediately available funds to the Managing Agents for the account of the related Buyers as a reduction of the Liberty Net Investment and the Gotham TRFCO Net Investment, based on their Pro Rata Portion, such that, after giving effect to such payment, the Aggregate Buyer’s 's Allocations is equal to one hundred percent (100%).
Appears in 1 contract
Sources: Receivables Purchase Agreement (Commercial Metals Co)