Common use of Conditions to Advances Clause in Contracts

Conditions to Advances. At AFC’s election, as a condition precedent to an Advance, Dealer shall deliver to AFC, at AFC’s request, a certificate in a form acceptable to AFC certifying that (a) no Event of Default has occurred or is continuing, (b) Dealer is in complete compliance with the terms and conditions of this Note, (c) all prior Advances made for the purpose of enabling Dealer to purchase an item of Purchase Money Inventory have only been used to purchase Vehicles encumbered by this Note, (d) no material adverse effect to the operation or prospects of Dealer (financial, business, labor or otherwise) exists or is threatened, (e) no checks issued by Dealer to AFC have been dishonored, and (f) such other information as AFC may request. In addition, if the Advance request is for the purpose of enabling Dealer to purchase and hold an item of Purchase Money Inventory for resale, Dealer shall deliver to AFC, at AFC’s request, a certificate in a form acceptable to AFC, certifying that the Advance will only be used to purchase Vehicles encumbered by this Note.

Appears in 2 contracts

Samples: Note and Security Agreement (KAR Auction Services, Inc.), Note and Security Agreement (KAR Auction Services, Inc.)

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Conditions to Advances. At AFC’s election, as As a condition precedent to an Advance, Dealer RAC shall deliver to AFC, at AFC’s request, a certificate in a form acceptable to AFC certifying that (a) no Event of Default has occurred or is continuing, (b) Dealer RAC is in complete compliance with the terms and conditions of this Note, (c) all prior Advances made for the purpose of enabling Dealer RAC to purchase an item of Purchase Money Inventory have only been used to purchase Vehicles encumbered by this Note, (d) no material adverse effect to the operation or prospects of Dealer RAC (financial, business, labor or otherwise) exists or is threatened, (e) no checks issued by Dealer RAC to AFC have been dishonored, and (f) such other information as AFC may request. In addition, if the Advance request is for the purpose of enabling Dealer RAC to purchase and hold an item of Purchase Money Inventory for resale, Dealer RAC shall deliver to AFC, at AFC’s request, a certificate in a form acceptable to AFC, certifying that the Advance will only be used to purchase Vehicles encumbered by this Note.

Appears in 2 contracts

Samples: Note and Security Agreement (KAR Auction Services, Inc.), Note and Security Agreement (KAR Auction Services, Inc.)

Conditions to Advances. At AFC’s election, as As a condition precedent to an Advance, Dealer shall deliver to AFC, at AFC’s 's request, a certificate in a form acceptable to AFC certifying that (a) no Event of Default has occurred or is continuing, (b) Dealer is in complete compliance with the terms and conditions of this Note, (c) all prior Advances made for the purpose of enabling Dealer to purchase an item of Purchase Money Inventory have only been used to purchase Vehicles encumbered by this Note, (d) no material adverse effect affect to the operation or prospects of Dealer (financial, business, labor or otherwise) exists or is threatened, (e) no checks issued by Dealer to AFC have been dishonored, and (f) such other information as AFC may request. In addition, if the Advance request is for the purpose of enabling Dealer to purchase and hold an item of Purchase Money Inventory for resale, Dealer shall deliver to AFC, at AFC’s 's request, a certificate in a form acceptable to AFC, certifying that the Advance will only be used to purchase Vehicles encumbered by this Note.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Adesa Inc)

Conditions to Advances. At AFC’s election, as As a condition precedent to an Advance, Dealer shall deliver to AFC, at AFC’s request, a certificate in a form acceptable to AFC certifying that (a) no Event of Default has occurred or is continuing, (b) Dealer is in complete compliance with the terms and conditions of this Note, (c) all prior Advances made for the purpose of enabling Dealer to purchase an item of Purchase Money Inventory have only been used to purchase Vehicles encumbered by this Note, (d) no material adverse effect affect to the operation or prospects of Dealer (financial, business, labor or otherwise) exists or is threatened, (e) no checks issued by Dealer to AFC have been dishonored, and (f) such other information as AFC may request. In addition, if the Advance request is for the purpose of enabling Dealer to purchase and hold an item of Purchase Money Inventory for resale, Dealer shall deliver to AFC, at AFC’s request, a certificate in a form acceptable to AFC, certifying that the Advance will only be used to purchase Vehicles encumbered by this Note.. 2.5

Appears in 1 contract

Samples: Receivables Purchase Agreement (Adesa Inc)

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Conditions to Advances. At AFC’s election, as As a condition precedent to an Advance, Dealer shall deliver to AFCLENDER, at AFC’s LENDER's request, a certificate in a form acceptable to AFC LENDER certifying that (a) no Event of Default has occurred or is continuing, (b) Dealer is in complete compliance with the terms and conditions of this Note, (c) all prior Advances made for the purpose of enabling Dealer to purchase an item of Purchase Money Inventory have only been used to purchase Vehicles encumbered by this Note, (d) no material adverse effect to the operation or prospects of Dealer (financial, business, labor or otherwise) exists or is threatened, (e) no checks issued by Dealer to AFC LENDER have been dishonored, and (f) such other information as AFC LENDER may request. In addition, if the Advance request is for the purpose of enabling Dealer to purchase and hold an item of Purchase Money Inventory for resale, Dealer shall deliver to AFCLENDER, at AFC’s LENDER's request, a certificate in a form acceptable to AFCLENDER, certifying that the Advance will only be used only to purchase Vehicles encumbered by this Note.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Adesa Inc)

Conditions to Advances. At AFC’s election, as As a condition precedent to an Advance, Dealer shall deliver to AFCLENDER, at AFCLENDER’s request, a certificate in a form acceptable to AFC LENDER certifying that (a) no Event of Default has occurred or is continuing, (b) Dealer is in complete compliance with the terms and conditions of this Note, (c) all prior Advances made for the purpose of enabling Dealer to purchase an item of Purchase Money Inventory have only been used to purchase Vehicles encumbered by this Note, (d) no material adverse effect to the operation or prospects of Dealer (financial, business, labor or otherwise) exists or is threatened, (e) no checks issued by Dealer to AFC LENDER have been dishonored, and (f) such other information as AFC LENDER may request. In addition, if the Advance request is for the purpose of enabling Dealer to purchase and hold an item of Purchase Money Inventory for resale, Dealer shall deliver to AFCLENDER, at AFCLENDER’s request, a certificate in a form acceptable to AFCLENDER, certifying that the Advance will only be used only to purchase Vehicles encumbered by this Note.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Adesa Inc)

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