Receivables Purchase and Sale Agreement
购销合同 -
This is Exhibit I to the Agreement (as hereinafter defined). As used in the Agreement and the Exhibits and Schedules thereto, capitalized terms have the meanings set forth in this Exhibit I (such meanings to be equally applicable to the singular and plural forms thereof).
Adverse Claim means a lien, security interest, charge or encumbrance, or other right or claim in, of or on any Person’s assets or properties in favor of any other Person.
Agent has the meaning set forth in the Preliminary Statements to the Agreement.
Agreement means the Receivables Purchase and Sale Agreement, dated as of _________,_________,_________(M,D,Y), among Originators and the Buyer, as the same may be amended, restated or otherwise modified.
EEE has the meaning set forth in the Preliminary Statements to the Agreement.
Business Day means any day on which banks are not
authorized or required to close in _________(Placename), _________(Placename)
or
_________(Placename),
_________(Placename), and The Depository Trust Company of _________(Placename) is open for business, and, if the applicable Business Day relates to any computation or payment to be made with respect to the LIBO Rate, any day on which dealings in dollar deposits are carried on in the London interbank offering market.
Buyer has the meaning set forth in the preamble to the Agreement.
Calculation Period means each fiscal month of the Buyer or portion thereof which elapses during the term of the Agreement. The first Calculation Period shall commence on the date of the Purchases hereunder and the final Calculation Period shall terminate on the Termination Date. For purposes of the use of this term in other definitions in Exhibit I to this Agreement, Calculation Periods occurring prior to the date of the Purchases hereunder shall mean a fiscal month of the Buyer.
Canadian Receivable means a Receivable owing from an Obligor domiciled in, or organized under the laws of, Canada or one of its political subdivisions.
Change of Control means the acquisition by any Person, or two or more Persons acting in concert, of beneficial ownership
(within the meaning of Rule 13d3 of the Securities and Exchange Commission under the Securities Exchange Act of 1934) of 30% or more of the outstanding shares of voting stock of Parent, or Parent ceases to own, directly or indirectly, all of the outstanding shares of voting stock of each Originator.
Collection Accounts means those accounts shown on Exhibit III, as the same may be amended from time to time by the Buyer in accordance with the terms hereof.
Collection Records means, with respect to any Receivable, all Invoices and all other documents, books, records and other information (including, without limitation, computer programs, tapes, disks, punch cards, data processing software and related property and rights) relating to amounts paid on or owing in respect of such Receivable.
Collections means, with respect to any Receivable, all cash collections and other cash proceeds in respect of such Receivable, including, without limitation, all Finance Charges or other related amounts accruing in respect thereof and all cash proceeds of Related Security with respect to such Receivable.
Collection Services Agreement means that certain Servicing Agreement dated as of _________,_________,_________(M,D,Y)
ReceivablesPurchaseandSaleAgreement购销协定.doc
