Adverse Interests. By execution of this Agreement, the Custodian represents, warrants and covenants that it does not currently hold, and during the existence of this Agreement shall not hold, any adverse interest, by way of security or otherwise, in any Receivable, and hereby waives and releases any such interest that it may have in any Receivable as of the date hereof. Notwithstanding any other provisions of this Agreement and without limiting the generality of the foregoing, the Custodian shall not at any time exercise or seek to enforce any claim, right or remedy, including any statutory or common law rights of set-off, if any, that the Custodian may otherwise have against all or any part of a Record, Receivable or proceeds of either.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Trendwest Resorts Inc), Receivables Purchase Agreement (Trendwest Resorts Inc)
Adverse Interests. By execution of this Agreement, the Custodian represents, warrants and covenants that it does not currently hold, and during the existence of this Agreement shall not hold, any adverse interest, by way of security or otherwise, in any ReceivableContract File, and hereby waives and releases any such interest that it may have in any Receivable Contract File as of the date hereof. Notwithstanding any other provisions of this Agreement and without limiting the generality of the foregoing, the Custodian shall not at any time exercise or seek to enforce any claim, right or remedy, including any statutory or common law rights of set-offsetoff, if any, that the Custodian may otherwise have against all or any part of a Record, Receivable the Contract File or proceeds of eitherthereof.
Appears in 1 contract
Samples: Custody Agreement (HPSC Inc)
Adverse Interests. By execution of this Agreement, the Custodian represents, warrants and covenants that it does not currently hold, and during the existence of this Agreement shall not hold, any adverse interest, by way of security or otherwise, in any ReceivableContract File, and hereby waives and releases any such interest that it may have in any Receivable Contract File as of the date hereof. Notwithstanding any other provisions of this Agreement and without limiting the generality of the foregoing, the Custodian shall not at any time exercise or seek to enforce any claim, right or remedy, including any statutory or common law rights of set-offsetoff, if any, that the Custodian may otherwise have against all or any part of a Record, Receivable the Contract File or proceeds of eitherthereof.
Appears in 1 contract
Samples: Custody Agreement (HPSC Inc)