Exhibit 10.1
RECEIVABLES FINANCING AGREEMENT
dated as of March 2, 2007
among
PALISADES ACQUISITION XVI, LLC,
as Borrower,
PALISADES COLLECTION, L.L.C.,
as Servicer,
FAIRWAY FINANCE COMPANY, LLC,
as Lender,
BMO CAPITAL MARKETS CORP.,
as Administrator and Collateral Agent,
and
BANK OF MONTREAL,
as Liquidity Agent
ARTICLE I
DEFINITIONS
Section 1.1 Defined Terms
1
Section 1.2 Other Definitional Provisions
16
Section 1.3 Other Terms
16
Section 1.4 Computation of Time Periods
16
ARTICLE II
THE LENDER’S COMMITMENT, BORROWING PROCEDURES AND LENDER NOTE;
HEDGING OF RECEIVABLES
Section 2.1 Lender’s Commitment
16
Section 2.2 Borrowing Procedures
16
Section 2.3 Funding
17
Section 2.4 Representation and Warranty
17
Section 2.5
[Reserved]
17
Section 2.6 Note
17
Section 2.7 Funding Methods and Maturities
17
ARTICLE III
INTEREST, FEES, ETC.
Section 3.1
Interest Rates
17
Section 3.2
Interest Payment Dates
18
Section 3.3 Fees
18
Section 3.4 Computation of Interest and Fees
18
ARTICLE IV
REPAYMENTS AND PREPAYMENTS; DISTRIBUTION OF COLLECTIONS; ACCOUNTS
Exhibit 10.1
RECEIVABLES FINANCING AGREEMENT
dated as of March 2, 2007
among
PALISADES ACQUISITION XVI, LLC,
as Borrower,
PALISADES COLLECTION, L.L.C.,
as Servicer,
FAIRWAY FINANCE COMPANY, LLC,
as Lender,
BMO CAPITAL MARKETS CORP.,
as Administrator and Collateral Agent,
and
BANK OF MONTREAL,
as Liquidity Agent
ARTICLE I
DEFINITIONS
Section 1.1 Defined Terms
1
Section 1.2 Other Definitional Provisions
16
Section 1.3 Other Terms
16
Section 1.4 Computation of Time Periods
16
ARTICLE II
THE LENDER’S COMMITMENT, BORROWING PROCEDURES AND LENDER NOTE;
HEDGING OF RECEIVABLES
Section 2.