Common use of Affirmative Covenants of the Seller and the Servicer Clause in Contracts

Affirmative Covenants of the Seller and the Servicer. Until the Investment is reduced to zero and all other amounts due to the Purchaser hereunder have been paid in full, each of the Seller and the Servicer (with respect to itself) will, unless the Purchaser has otherwise consented in writing: (a) Maintain its existence in the jurisdiction of its organization or incorporation, and qualify and remain qualified in good standing as a foreign corporation or limited liability company in each jurisdiction where the failure to be so qualified could materially adversely affect its ability to perform its obligations hereunder. (b) Maintain and implement administrative and operating procedures, and keep and maintain all records and other information, reasonably necessary or advisable for the collection of the Purchased Receivables (including, without limitation, records adequate to permit the daily identification of Purchased Receivables and all Collections and adjustments to Purchased Receivables). (c) At its expense timely and fully perform and comply with all material provisions and covenants required to be observed by CFC or the Seller under the Contracts related to the Purchased Receivables. (d) Comply in all material respects with the Credit and Collection Policy in regard to each Purchased Receivable and any Contract related to such Receivable. (e) Treat the conveyance of the interest in the Purchased Receivables and the Collections under this Agreement as a sale for purposes of generally accepted accounting principles.

Appears in 3 contracts

Samples: Receivables Sale Agreement (Chrysler Financial Corp), Receivables Sale Agreement (Chrysler Financial Corp), Receivables Sale Agreement (Chrysler Financial Corp)

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Affirmative Covenants of the Seller and the Servicer. Until the Investment is reduced to zero and all other amounts due to the Purchaser hereunder have been paid in full, each of the Seller and the Servicer (with respect to itself) will, unless the Purchaser has otherwise consented in writing: (a) Maintain maintain its existence in the jurisdiction of its organization or incorporation, and qualify and remain qualified in good standing as a foreign corporation or limited liability company in each jurisdiction where the failure to be so qualified could materially adversely affect its ability to perform its obligations hereunder.; (b) Maintain maintain and implement administrative and operating procedures, and keep and maintain all records and other information, reasonably necessary or advisable for the collection of the Purchased Receivables (including, without limitation, records adequate to permit the daily identification of Purchased Receivables and all Collections and adjustments to Purchased Receivables).; (c) At at its expense timely and fully perform and comply with all material provisions and covenants required to be observed by CFC or the Seller under the Contracts related to the Purchased Receivables.; (d) Comply comply in all material respects with the Credit and Collection Policy in regard to each Purchased Receivable and any Contract related to such Receivable.; (e) Treat comply in all material respects with applicable law; (f) following the occurrence of a Servicer Default, grant the Funding Agent access to the Receivable Files during normal business hours; and (g) treat the conveyance of the interest in the Purchased Receivables and the Collections under this Agreement as a sale for purposes of generally accepted accounting principles.

Appears in 1 contract

Samples: Receivables Sale Agreement (Chrysler Financial Corp)

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