Common use of Conditions Precedent to All Purchases Clause in Contracts

Conditions Precedent to All Purchases. Each Purchase (including the initial Purchase) from the Seller by the Purchaser shall be subject to the further conditions precedent that: (a) The representations and warranties of the Seller set forth in Sections 6.1 and 6.2 are true and correct on and as of such date, before and after giving effect to such Purchase and to the application of the proceeds therefrom, as though made on and as of such date; (b) No event has occurred, or would result from such Purchase or from the application of the proceeds therefrom, which constitutes an Event of Seller Default or would constitute an Event of Seller Default, but for the requirement that notice be given or time elapse or both; (c) The Seller is in compliance with each of its covenants set forth herein; (d) The Termination Date shall not have occurred; (e) Each Receivable submitted by the Seller for purchase is an Eligible Receivable; and (f) The Seller shall have taken such other action, including delivery of approvals, opinions or documents to the Purchaser, as the Purchaser may reasonably request.

Appears in 2 contracts

Samples: Sale and Subservicing Agreement (Coastal Physician Group Inc), Sale and Subservicing Agreement (Coastal Physician Group Inc)

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Conditions Precedent to All Purchases. Each Purchase (including the initial Purchase) from the Seller by the Purchaser shall be subject to the further conditions precedent that: (a) The representations and warranties of the Seller set forth in Sections 6.1 4.1 and 6.2 4.2 are true and correct on and as of such date, before and after giving effect to such Purchase and to the application of the proceeds therefrom, as though made on and as of such date; (b) No event has occurred, or would result from such Purchase or from the application of the proceeds therefrom, which constitutes an Event of Seller Default or would constitute an Event of Seller Default, but for the requirement that notice be given or time elapse or both; (c) The Seller is in compliance with each of its covenants set forth herein; (d) The Termination Date shall not have occurred; (e) Each Receivable submitted by the Seller for purchase is an Eligible Receivable; and (f) The Seller shall have taken such other action, including delivery of approvals, opinions or documents to the Purchaser, as the Purchaser may reasonably request.

Appears in 2 contracts

Samples: Sale and Subservicing Agreement (Coastal Physician Group Inc), Sale and Subservicing Agreement (Tender Loving Care Health Care Services Inc/ Ny)

Conditions Precedent to All Purchases. Each Purchase (including the initial Purchase) by the Buyer from the Seller by the Purchaser Originator shall be subject to the further conditions precedent that (a) with respect to any such Purchase, on or prior to the date of such Purchase, the Originator shall have delivered to the Buyer (i) in form and substance satisfactory to the Buyer, a completed Settlement Report as of the end of the immediately preceding calendar month and containing such additional information as may be reasonably requested by the Buyer, (ii) a notice of purchase and list of the Contracts to be purchased as provided in Section 2.02(b), (iii) a completed Certificate with respect to such Contracts and (iv) a notice from the Custodian confirming that the Custodian has received the Contract Files for each Contract to be included in such Purchase; (b) on the date of such Purchase the following statements shall be true and the Originator by accepting the cash portion of the Purchase Price shall be deemed to have certified that: (ai) The representations and warranties of the Seller set forth contained in Sections 6.1 and 6.2 Section 4.01 are true and correct on and as of such date, before and after giving effect to such Purchase and to the application of the proceeds therefrom, day as though made on and as of such date;date and (bii) No event has occurredoccurred and is continuing, or would result from such Purchase or from the application of the proceeds therefrom, which constitutes an Event of Seller Default Termination or would constitute an Event of Seller Default, Termination but for the requirement that notice be given or time elapse or both; (c) The Seller is in compliance with each of its covenants set forth herein; (d) The Termination Date shall not have occurred; (e) Each Receivable submitted by the Seller for purchase is an Eligible Receivable; and (f) The Seller shall have taken such other action, including delivery of approvals, opinions or documents to the Purchaser, as the Purchaser may reasonably request.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (HPSC Inc)

Conditions Precedent to All Purchases. Each Purchase (including the initial Purchase) by the Purchaser from the Seller by the Purchaser shall be subject to the further conditions precedent that (a) with respect to any such Purchase, on or prior to the date of such Purchase, the Seller shall have delivered to the Purchaser in form and substance satisfactory to the Purchaser, a completed Settlement Report as of the end of the immediately preceding calendar month and containing such additional information as may be reasonably requested by the Purchaser; (b) on the date of such Purchase the following statements shall be true and the Seller by accepting the cash portion of the Purchase Price shall be deemed to have certified that: (ai) The representations and warranties of the Seller set forth contained in Sections 6.1 and 6.2 Section 4.1 are true and correct on and as of such date, before and after giving effect to such Purchase and to the application of the proceeds therefrom, day as though made on and as of such date;date and (bii) No event has occurredoccurred and is continuing, or would result from such Purchase or from the application of the proceeds therefrom, which constitutes an a Termination Event of Seller Default or would constitute an a Termination Event of Seller Default, but for the requirement that notice be given or time elapse or both; ; and (c) The Seller is in compliance with each of its covenants set forth herein; (d) The Termination Date shall not have occurred; (e) Each Receivable submitted by the Seller for purchase is an Eligible Receivable; and (f) The Seller Purchaser shall have taken received such other action, including delivery of approvals, opinions approvals or documents to the Purchaser, as the Purchaser may reasonably request.

Appears in 1 contract

Samples: Loan Agreement (Ag Services of America Inc)

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Conditions Precedent to All Purchases. Each Purchase (including the initial Purchase) from the Seller by the Purchaser shall be subject to the further conditions precedent that: (a) The representations and warranties of the Seller set forth in Sections 6.1 4.1 and 6.2 4.2 are true and correct on and as of such date, before and after giving effect to such Purchase and to the application of the proceeds therefrom, as though made on and as of such date; (b) No event has occurred, or would result from such Purchase or from the application of the proceeds therefrom, which constitutes an Event of Seller Default or would constitute an Event of Seller Default, but for the requirement that notice be given or time elapse or both; (c) The Seller is in compliance with each of its covenants set forth herein; (d) The Termination Date shall not have occurred; (e) Each Receivable submitted by the Seller for purchase is an Eligible Receivable; and; (f) No default shall have occurred and remain uncured under the Receivables Purchase and Contribution Agreement; (g) The Seller shall have taken such other action, including delivery of approvals, opinions or documents to the Purchaser, as the Purchaser may reasonably request.;

Appears in 1 contract

Samples: Sale and Subservicing Agreement (Coastal Physician Group Inc)

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