Common use of Selection and Continuation of Tranche Periods Clause in Contracts

Selection and Continuation of Tranche Periods. (a) With consultation from and adequate prior notice to each related Managing Agent, the Seller shall from time to time request Tranche Periods for the Purchaser Interests funded, directly or indirectly, by the Financial Institutions, provided that, (i) if at any time the Financial Institutions shall have a Purchaser Interest, the Seller shall always request Tranche Periods such that at least one Tranche Period shall end on the date specified in clause (A) of the definition of Yield Payment Date and (ii) no more than three (3) Tranche Periods shall be outstanding at any time. (b) The Seller, upon notice to and consultation with the Managing Agents received at least three (3) Business Days prior to the last day of a Tranche Period (the “Terminating Tranche”) for any Purchaser Interest, may, effective on such last day of the Terminating Tranche: (i) divide any such Purchaser Interest into multiple Purchaser Interests or (ii) combine any such Purchaser Interest with one or more other Purchaser Interests which either have a Terminating Tranche ending on such day or are newly created on such day (subject to such Conduit’s ability to accommodate such division or combination), provided, that in no event may a Purchaser Interest funded by Pooled Commercial Paper issued by a Conduit be combined with a Purchaser Interest funded by any Financial Institution.

Appears in 3 contracts

Sources: Intercreditor Agreement (Consumers Energy Co), Intercreditor Agreement (Consumers Energy Co), Receivables Purchase Agreement (CMS Energy Corp)

Selection and Continuation of Tranche Periods. (ai) With consultation from (and adequate prior notice to each related Managing approval by) the applicable Co-Agent, the Seller shall from time to time request Tranche Periods for the Purchaser Interests funded, directly or indirectly, by of the Financial InstitutionsCommitted Purchasers in each Conduit Group, provided that, (i) if at any time the Financial Institutions Committed Purchasers in a Conduit Group shall have a Purchaser Interest, the Seller shall always request Tranche Periods such that at least one Tranche Period shall end on the each date specified in clause (A) of the definition of Yield Payment Date and Monthly Settlement Date. (ii) no more than three (3) Tranche Periods shall be outstanding at any time. (b) The SellerSeller or the applicable Co-Agent may, upon notice to and consultation with the Managing Agents received at least three (3) Business Days prior to effective on the last day of a Tranche Period (the “Terminating Tranche”) for any Purchaser Interest, may, effective on such last day Receivable Interest of the Terminating Tranche: (i) Committed Purchasers in a Conduit Group, divide any such Purchaser Receivable Interest into multiple Purchaser THIRD AMENDED AND RESTATED RPA Receivable Interests or (ii) combine any such Purchaser Receivable Interest with one or more other Purchaser Receivable Interests which either have a Terminating Tranche ending on such day or are newly created on such day (subject to such Conduit’s ability to accommodate such division or combination)day, provided, provided that in no event may a Purchaser Receivable Interest funded by Pooled Commercial Paper issued by of a Conduit be combined with a Purchaser Receivable Interest funded by any Financial Institutionof its Committed Purchasers.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Yrc Worldwide Inc)

Selection and Continuation of Tranche Periods. (a) With consultation from (and adequate prior notice to approval by) each related Managing Agent, the Seller shall from time to time request Tranche Periods for the Purchaser Interests funded, directly or indirectly, by of the Financial Institutions, provided that, (i) if at any time the Financial Institutions shall have a Purchaser Interest, the . Seller shall always request select Tranche Periods such that (i) each Purchase Group shall have Purchaser Interests with an amount of Capital allocated to each Tranche Period based on such Purchase Group's Group Pro Rata Share and (ii) at least one Tranche Period for each Purchase Group shall end on the date specified in clause (A) of the definition of Yield Payment Date and (ii) no more than three (3) Tranche Periods shall be outstanding at any timea Monthly Settlement Date. (b) The SellerSeller or the Agent, with the consent or at the direction of the Managing Agent for the Purchasers holding such Purchaser Interest, may, upon notice to and consultation with consent by the Managing Agents other received at least three (3) Business Days prior to the last day of a Tranche Period (the "Terminating Tranche") for any Purchaser Interest, may, effective on such last day of the Terminating Tranche: day, (i) divide any such Purchaser Interest into multiple Purchaser Interests Interests, or (ii) combine any such Purchaser Interest with one or more other Purchaser Interests which either have a Terminating Tranche ending on such day or are newly created on such day (subject to such Conduit’s the Conduits' ability to accommodate such division or combination), provided, provided that in no event may a Purchaser Interest funded by Pooled Commercial Paper issued by of a Conduit be combined with a Purchaser Interest funded by any of the Financial InstitutionInstitutions.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Anixter International Inc)

Selection and Continuation of Tranche Periods. (a) With consultation from (and adequate prior notice approval by) the Agent (such approval not to each related Managing Agentbe unreasonably withheld), the Seller shall from time to time request Tranche Periods for the Purchaser Interests funded, directly or indirectly, by of the Financial Institutions, provided that, (i) if at any time the Financial Institutions shall have a Purchaser Interest, the Seller shall always request Tranche Periods such that at least one Tranche Period shall end on the date specified in clause (A) of the definition of Yield Payment Settlement Date and (ii) no more than three (3) 3 Tranche Periods shall be outstanding at any time. (b) The SellerSeller or the Agent, upon notice to and consultation with consent by the Managing Agents other received at least three (3) Business Days prior to the last day of a Tranche Period (the "Terminating Tranche") for any Purchaser Interest, may, effective on such last day of the Terminating Tranche: (i) divide any such Purchaser Interest into multiple Purchaser Interests or Interests, (ii) combine any such Purchaser Interest with one or more other Purchaser Interests which either that have a Terminating Tranche ending on the same day as such Terminating Tranche or (iii) combine any such Purchaser Interest with a new Purchaser Interest to be purchased on the day or are newly created on such day (subject to such Conduit’s ability to accommodate such division or combination)Terminating Tranche ends, provided, that in no event may a Purchaser Interest funded by Pooled Commercial Paper issued by a of Conduit be combined with a Purchaser Interest funded by any of the Financial InstitutionInstitutions.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Lennox International Inc)

Selection and Continuation of Tranche Periods. (a) With consultation from and adequate prior notice to each related Managing the Agent, the Seller shall from time to time request Tranche Periods for the Purchaser Interests funded, directly or indirectly, by of the Financial Institutions, provided that, (i) if at any time the Financial Institutions shall have a Purchaser Interest, the Seller shall always request Tranche Periods such that at least one Tranche Period shall end on the date day specified in clause (A) of the definition of Yield Payment Date and (ii) no more than three (3) Tranche Periods shall be outstanding at any timeSettlement Date. (b) The Seller, upon notice to and consultation with the Managing Agents Agent received at least three (3) Business Days prior to the last day end of a Tranche Period (the "Terminating Tranche") for any Purchaser Interest, may, and the Agent, at any time during the occurrence and continuance of an Amortization Event, may (in which case Agent's direction shall control), in each case effective on such the last day of the Terminating Tranche: (i) divide any such Purchaser Interest into multiple Purchaser Interests or Interests, (ii) combine any such Purchaser Interest with one or more other Purchaser Interests which either that have a Terminating Tranche ending on the same day as such Terminating Tranche or (iii) combine any such Purchaser Interest with a new Purchaser Interest to be purchased on the day or are newly created on such day (subject to such Conduit’s ability to accommodate such division or combination)Terminating Tranche ends, provided, that in no event may a Purchaser Interest funded by Pooled Commercial Paper issued by a of Conduit be combined with a Purchaser Interest funded by any of the Financial InstitutionInstitutions.

Appears in 1 contract

Sources: Receivables Purchase Agreement (P&l Coal Holdings Corp)

Selection and Continuation of Tranche Periods. (a) With consultation from (and adequate prior notice to approval by) each related Managing Agent, the Seller shall from time to time request Tranche Periods for the Purchaser Interests funded, directly or indirectly, by of the Financial Institutions, provided that, (i) if at any time the Financial Institutions shall have a Purchaser Interest, the . Seller shall always request select Tranche Periods such that (i) each Purchase Group shall have Purchaser Interests with an amount of Capital allocated to each Tranche Period based on such Purchase Group’s Group Pro Rata Share and (ii) at least one Tranche Period for each Purchase Group shall end on the date specified in clause (A) of the definition of Yield Payment Date and (ii) no more than three (3) Tranche Periods shall be outstanding at any timea Monthly Settlement Date. (b) The SellerSeller or the Agent, with the consent or at the direction of the Managing Agent for the Purchasers holding such Purchaser Interest, may, upon notice to and consultation with consent by the Managing Agents other received at least three (3) Business Days prior to the last day of a Tranche Period (the “Terminating Tranche”) for any Purchaser Interest, may, effective on such last day of the Terminating Tranche: day, (i) divide any such Purchaser Interest into multiple Purchaser Interests Interests, or (ii) combine any such Purchaser Interest with one or more other Purchaser Interests which either have a Terminating Tranche ending on such day or are newly created on such day (subject to such Conduit’s the Conduits’ ability to accommodate such division or combination), provided, provided that in no event may a Purchaser Interest funded by Pooled Commercial Paper issued by of a Conduit be combined with a Purchaser Interest funded by any of the Financial InstitutionInstitutions.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Anixter International Inc)