Conditions Precedent to Subsequent Payments. Buyer’s obligation to pay the Originator for Receivables coming into existence after the Initial Cutoff Date shall be subject to the further conditions precedent that: (a) the Facility Termination Date shall not have occurred; (b) Buyer (or the Administrative Agent, as Buyer’s collateral assignee) shall have received such other opinions or documents as it may reasonably request pursuant to Section 6.2 of the Purchase Agreement, and (c) on the date such Receivable came into existence, the following statements shall be true (and acceptance of the proceeds of any payment for such Receivable shall be deemed a representation and warranty by the Originator that such statements are then true): (i) the representations and warranties of the Originator set forth in Article II are true and correct on and as of the date such Receivable came into existence as though made on and as of such date; and (ii) no event has occurred and is continuing that will constitute a Termination Event or a Potential Termination Event.
Appears in 4 contracts
Samples: Receivables Sale Agreement (Convergys Corp), Receivables Sale Agreement (Convergys Corp), Receivables Sale Agreement (Convergys Corp)
Conditions Precedent to Subsequent Payments. Buyer’s obligation to pay the each Originator for Receivables coming into existence after the Initial Cutoff Date shall be subject to the further conditions precedent that: (a) the Facility Termination Date shall not have occurred; (b) Buyer (or the Administrative Agent, as Buyer’s collateral assignee) shall have received such other opinions or documents as it may reasonably request pursuant to Section 6.2 of the Purchase Agreement, and (c) on the date such Receivable came into existence, the following statements shall be true (and acceptance of the proceeds of any payment for such Receivable shall be deemed a representation and warranty by the such Originator that such statements are then true):
(i) the representations and warranties of the such Originator set forth in Article II are true and correct on and as of the date such Receivable came into existence as though made on and as of such date; and
(ii) no event has occurred and is continuing that will constitute a Termination Event or a Potential Termination Event.
Appears in 3 contracts
Samples: Receivables Sale Agreement (RPM International Inc/De/), Receivables Sale Agreement (RPM International Inc/De/), Receivables Sale Agreement (RPM International Inc/De/)
Conditions Precedent to Subsequent Payments. Buyer’s 's obligation to pay the each Originator for Receivables coming into existence after the Initial Cutoff Date shall be subject to the further conditions precedent that: (a) the Facility Termination Date shall not have occurred; (b) Buyer (or the Administrative Agent, as Buyer’s 's collateral assignee) shall have received such other opinions or documents as it may reasonably request pursuant to Section SECTION 6.2 of the Purchase Agreement, and (c) on the date such Receivable came into existence, the following statements shall be true (and acceptance of the proceeds of any payment for such Receivable shall be deemed a representation and warranty by the such Originator that such statements are then true):
(i) the representations and warranties of the such Originator set forth in Article ARTICLE II are true and correct on and as of the date such Receivable came into existence as though made on and as of such date; and
(ii) no event has occurred and is continuing that will constitute a Termination Event or a Potential Termination Event.
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Conditions Precedent to Subsequent Payments. Buyer’s obligation to pay the Originator for Receivables coming into existence after the Initial Cutoff on any Purchase Date shall be subject to the further conditions precedent that: that (a) the Facility Termination Date shall not have occurred; (b) Buyer (or the Administrative Agent, as Buyer’s collateral assigneeits assigns) shall have received the notice required pursuant to Section 1.1(a)(ii), an executed Sale Assignment and such other approvals, opinions or documents as it may reasonably request pursuant to Section 6.2 of the Purchase Agreement, and (c) on the date Purchase Date for such Receivable came into existenceReceivables, the following statements shall be true (and acceptance of the proceeds by any Originator of any payment for such Receivable shall be deemed a representation and warranty by the such Originator that such statements are then true):
(i) the representations and warranties of the such Originator set forth in Article II are true and correct on and as of such Purchase Date (and after giving effect to the date such Receivable came into existence Purchase consummated thereon) as though made on and as of such date; and
(ii) no event has occurred and is continuing that will constitute a Termination Event or a Potential Termination Event.
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Samples: Receivables Sale Agreement (Patterson Companies, Inc.)
Conditions Precedent to Subsequent Payments. Buyer’s 's obligation to pay the each Originator for Receivables coming into existence after the Initial Cutoff Date shall be subject to the further conditions precedent that: (a) the Facility Termination Date shall not have occurred; (b) Buyer (or the Administrative Agent, as Buyer’s collateral assigneeits assigns) shall have received such other opinions or documents as it may reasonably request pursuant to Section 6.2 of the Purchase Agreement, and (c) on the date such Receivable came into existence, the following statements shall be true (and acceptance of the proceeds of any payment for such Receivable shall be deemed a representation and warranty by the such Originator that such statements are then true):
(i) the representations and warranties of the such Originator set forth in Article II are true and correct on and as of the date such Receivable came into existence as though made on and as of such date; and;
(ii) no event has occurred and is continuing that will constitute a Termination Event or a Potential Termination Eventwith respect to such Originator or, from and after the time the Performance Undertaking has been delivered, Performance Guarantor; and
(iii) the Performance Undertaking remains in full force and effect from and after the time, if any, when it is required to be delivered.
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Conditions Precedent to Subsequent Payments. Buyer’s obligation to pay the each Originator for Receivables coming into existence after the Initial Cutoff Date shall be subject to the further conditions precedent that: (a) the Facility Termination Date shall not have occurred; (b) Buyer (or the Administrative Agent, as Buyer’s collateral assignee) shall have received such other opinions or documents as it may reasonably request pursuant to Section 6.2 of the Purchase Agreement, and (c) on the date such Receivable came into existence, the following statements shall be true (and acceptance of the proceeds of any payment for such Receivable shall be deemed a representation and warranty by the such Originator that such statements are then true):
(i1) the representations and warranties of the such Originator set forth in Article II are true and correct on and as of the date such Receivable came into existence as though made on and as of such date; and
(ii2) no event has occurred and is continuing that will constitute a Termination Event or a Potential Termination Event.. 765800784 14448925 10 4871-5521-5052, v.3
Appears in 1 contract
Samples: Receivables Purchase Agreement (RPM International Inc/De/)