Receivables Purchase Agreements
CONSIDERING that each company purchases orders for its goods and services from customers in the United States that are sold in the ordinary course of business to customers domiciled in the United States, whose purchases are intended solely for their commercial, commercial or organizational purposes and not for their personal, family or household use; « Purchase Price » means the purchase price paid to tech Data on behalf of the Selling Company in dollars for Receivables acquired under this Agreement, calculated according to the following formula: The amount received by a Company is largely based on the age of the Receivables. Under this agreement, the factoring company will pay the original company an amount equal to a reduced value of the unpaid invoices or receivables. Both parties should consider the advantages and disadvantages of such agreements. When considering whether claims should be included in an asset purchase agreement and how best to structure the contract, consider the following factors: 4.3 The parties will follow the following settlement procedures, unless buyer has agreed otherwise, as long as this contract remains in effect or a balance of receivable is outstanding, as follows with respect to the purchase price: Program Fees, Redemption Claims and Commercial Disputes: Section 15. Additional companies. Upon performance and supply of such goods, including such supplements, such subsidiary shall become a company under this Agreement with the same force and effect as if it had originally been designated as a company. The performance and provision of supplements that add an additional company as a party to this Agreement and their acceptance by buyer does not require the consent of another company under this Agreement, whether or not that additional company meets any of the above requirements. Each entity`s rights and obligations under this Agreement will remain in full force and effect despite the addition of a new entity as a party to this Agreement, and each entity will be jointly and severally liable with each of these additional entities for the obligations of all entities. 7.5 Complaints. Any claim that must be purchased by the Buyer from that date of purchase constitutes a valid claim at the time of that date of purchase.
« Transactions » means the sales and purchases of such receivables and all related transactions provided for in this Agreement. Debtors of such claims at the time of purchase shall: « Invoices » means all sales and orders, invoices, bills of lading and other contractual rights relating to claims arising from the sale of goods in good faith to the respective debtors. If, at any time, any payment on the bonds covered herein is revoked or is to be reinstated or returned in the event of the insolvency or bankruptcy of one company, the obligations of the other company153 under this Agreement shall be reinstated as if such payment were due but had not been made at that time. Each company declares to know the financial situation of each of the other companies and undertakes to keep itself informed in this way. Each entity hereby agrees that it will not enforce any right of deposit or subrogation against any other entity until all obligations of all entities under this Agreement have been fully fulfilled and paid for in full. Each Entity hereby consents to the addition of another Entity in accordance with the terms of Article 15 of this Agreement from time to time and agrees to the referral of debtors in accordance with the terms of Article 16 of this Agreement from time to time. Notwithstanding anything to the contrary in this Corporate Warranty, it is provided that this Business Guarantee is not a « fraudulent transfer » under applicable bankruptcy law and will only be valid and enforceable to the extent that it would not result in such Business Guarantee or any lien securing such Business Guarantee constituting a « fraudulent transfer » and this Business Guarantee shall automatically be deemed to be in relation to any interested party. changed. Companies accordingly at any relevant time. Receivables purchase agreements give a company the opportunity to sell unpaid invoices or « receivables ». Buyers get a profit opportunity, while sellers gain security. This type of agreement creates a contractual framework for the sale of receivables.
A company can sell all receivables through a single agreement, or it may decide to sell a stake in its entire debt pool. 7.7 Disclosure. Each company has disclosed to the buyer all facts or documents relating to receivables to be acquired on the date of purchase and other related acquired assets that are material. No representation or warranty made by any company under this Agreement, or does not contain or contain or provide any false statement of any material fact, or will contain or fail to provide a false statement of any material fact; who must be indicated in making the statements contained in this document or having regard to the circumstances in which they are made. .