Common use of Conditions to Buyer Clause in Contracts

Conditions to Buyer. s Obligations Regarding Supplemental -------------------------------------------------------- Conveyances. The obligations of Buyer to purchase any Receivables created under ----------- any Additional Accounts shall be subject to the satisfaction of the following conditions: (a) All representations and warranties of the RPA Sellers contained in this Agreement shall be true and correct on the Addition Date with the same effect as though such representations and warranties had been made on such date; (b) All information concerning the Additional Accounts provided or to be provided to Buyer shall be true and correct in all material respects as of the Addition Date with respect to Additional Accounts added pursuant to Section ------- 2.2 (a) and as of the fifth Business Day after the first day of the calendar ------ month occurring after any Addition Date arising under Section 2.2(c); -------------- (c) On or before each Addition Date with respect to Additional Accounts added pursuant to Section 2.2(a) and on or before the fifth Business Day after -------------- the first day of the Monthly Period occurring after any Addition Date arising under Section 2.2(c): (i) FCNB shall have indicated or caused to be indicated in -------------- the computer files of the Receivables that Receivables created in respect of the Additional Accounts have been sold to Buyer in accordance with this Agreement and transferred to the Issuer pursuant to the Transfer and Servicing Agreement for the benefit of the Noteholders; (ii) FCNB shall have delivered or caused to be delivered to Buyer (or to the Owner Trustee, if so directed by Buyer) a computer file or microfiche list containing a true and correct list of all such Additional Accounts, identified by account number and by the Receivable balance as of the Addition Date for Additional Accounts added pursuant to Section 2.2(a) -------------- or as of such fifth Business Day of a Monthly Period with respect to Additional Accounts added pursuant to Section 2.2(c); and (iii) the RPA Seller shall have -------------- substantially performed all other obligations required to be performed by the provisions of this Agreement; (d) The appropriate RPA Seller or RPA Sellers shall have executed and delivered a Supplemental Conveyance in conform with the requirement of Section ------- 2.2; and --- (e) Each RPA Seller shall have recorded and filed, at its expense, any financing statement with respect to the Receivables in such Additional Accounts now existing and hereafter created in connection with the transfer of accounts (as defined in Section 9-102 of the UCC as in effect in the State of Illinois) meeting the requirements of applicable state law in such manner and in such jurisdictions as are necessary to perfect the sale of the Receivables to Buyer, and shall have delivered a file-stamped copy of such financing statements or other evidence of such filings (which may, for purposes of this paragraph, consist of telephone confirmations of such filings) to Buyer.

Conditions to Buyer. s Obligations Regarding Supplemental -------------------------------------------------------- Conveyances. The obligations of Buyer to purchase any Receivables created under ----------- any Additional Accounts shall be subject to the satisfaction of the following conditions: (a) All representations and warranties of the RPA Sellers contained in this Agreement shall be true and correct on the Addition Date with the same effect as though such representations and warranties had been made on such date; (b) All information concerning the Additional Accounts provided or to be provided to Buyer shall be true and correct in all material respects as of the Addition Date with respect to Additional Accounts added pursuant to Section ------- 2.2 (a) and as of the fifth Business Day after the first day of the calendar ------ month occurring after any Addition Date arising under Section 2.2(c); -------------- (c) On or before each Addition Date with respect to Additional Accounts added pursuant to Section 2.2(a) and on or before the fifth Business Day after -------------- the first day of the Monthly Period occurring after any Addition Date arising under Section 2.2(c): (i) FCNB shall have indicated or caused to be indicated in -------------- the computer files of the Receivables that Receivables created in respect of the Additional Accounts have been sold to Buyer in accordance with this Agreement and transferred to the Issuer pursuant to the Transfer and Servicing Agreement for the benefit of the Noteholders; (ii) FCNB shall have delivered or caused to be delivered to Buyer (or to the Owner Trustee, if so directed by Buyer) a computer file or microfiche list containing a true and correct list of all such Additional Accounts, identified by account number and by the Receivable balance as of the Addition Date for Additional Accounts added pursuant to Section 2.2(a) -------------- or as of -------------- such fifth Business Day of a Monthly Period with respect to Additional Accounts added pursuant to Section 2.2(c); and (iii) the RPA Seller shall have -------------- substantially performed all other obligations required to be performed by the provisions of this Agreement; (d) The appropriate RPA Seller or RPA Sellers shall have executed and delivered a Supplemental Conveyance in conform with the requirement of Section ------- 2.2; and --- (e) Each RPA Seller shall have recorded and filed, at its expense, any financing statement with respect to the Receivables in such Additional Accounts now existing and hereafter created in connection with the transfer of accounts (as defined in Section 9-102 106 of the UCC as in effect in the State of Illinois) meeting the requirements of applicable state law in such manner and in such jurisdictions as are necessary to perfect the sale of the Receivables to Buyer, and shall have delivered a file-stamped copy of such financing statements or other evidence of such filings (which may, for purposes of this paragraph, consist of telephone confirmations of such filings) to Buyer.

Conditions to Buyer. s Obligations Regarding Supplemental -------------------------------------------------------- Conveyances. The obligations of Buyer to purchase any Receivables created ----------- under ----------- any Additional Accounts shall be subject to the satisfaction of the following conditions: (a) All representations and warranties of the RPA Sellers Seller contained in this Agreement shall be true and correct on the Addition Date with the same effect as though such representations and warranties had been made on such date; (b) All information concerning the Additional Accounts provided or to be provided to Buyer shall be true and correct in all material respects as of the Addition Date with respect to Additional Accounts added pursuant to Section ------- 2.2 (a2.2(a) and as of the fifth Business Day after the first day of the -------------- calendar ------ month occurring after any Addition Date arising under Section ------- 2.2(c); -------------------- (c) On or before each Addition Date with respect to Additional Accounts added pursuant to Section 2.2(a) and on or before the fifth -------------- Business Day after -------------- the first day of the Monthly Period occurring after any Addition Date arising under Section 2.2(c): (i) FCNB RPA Seller shall have -------------- indicated or caused to be indicated in -------------- the computer files of the Receivables that Receivables created in respect of the Additional Accounts have been sold to Buyer in accordance with this Agreement and transferred to the Issuer Receivables Trust pursuant to the Transfer and Servicing Agreement for the benefit of the NoteholdersSecurityholders; (ii) FCNB RPA Seller shall have delivered or caused to be delivered to Buyer (or to the Owner Receivables Trustee, if so directed by Buyer) a computer file or microfiche list containing a true and correct list of all such Additional Accounts, identified by account number and by the Receivable balance as of the Addition Date for Additional Accounts added pursuant to Section 2.2(a) -------------- or as of such fifth Business Day ------------- of a Monthly Period with respect to Additional Accounts added pursuant to Section 2.2(c); and (iii) the RPA Seller shall have -------------- substantially performed all -------------- other obligations required to be performed by the provisions of this Agreement; (d) The appropriate RPA Seller or RPA Sellers shall have executed and delivered a Supplemental Conveyance in conform conformance with the requirement of Section ------- 2.2; and -------------- (e) Each RPA Seller shall have recorded and filed, at its expense, any financing statement with respect to the Receivables in such Additional Accounts now existing and hereafter created in connection with the transfer of accounts (as defined in Section 9-102 of the UCC as in effect in the State of Illinois) meeting the requirements of applicable state law in such manner and in such jurisdictions as are necessary to perfect the sale of the Receivables to Buyer, and shall have delivered a file-stamped copy of such financing statements or other evidence of such filings (which may, for purposes of this paragraph, consist of telephone confirmations of such filings) to Buyer.

Conditions to Buyer. s Obligations Regarding Supplemental -------------------------------------------------------- Conveyances. The obligations of Buyer to purchase any Receivables created under ----------- any Additional Accounts shall be subject to the satisfaction of the following conditions: (a) All representations and warranties of the RPA Sellers contained in this Agreement shall be true and correct on the Addition Date with the same effect as though such representations and warranties had been made on such date; (b) All information concerning the Additional Accounts provided or to be provided to Buyer shall be true and correct in all material respects as of the Addition Date with respect to Additional Accounts added pursuant to Section ------- 2.2 (a) and as of the fifth Business Day after the first day of the calendar ------ ----- month occurring after any Addition Date arising under Section 2.2(c); -------------- (c) On or before each Addition Date with respect to Additional Accounts added pursuant to Section 2.2(a) and on or before the fifth Business Day after -------------- the first day of the Monthly Period occurring after any Addition Date arising under Section 2.2(c): (i) FCNB shall have indicated or caused to be indicated in -------------- the computer files of the Receivables that Receivables created in respect of the Additional Accounts have been sold to Buyer in accordance with this Agreement and transferred to the Issuer pursuant to the Transfer and Servicing Agreement for the benefit of the Noteholders; (ii) FCNB shall have delivered or caused to be delivered to Buyer (or to the Owner Trustee, if so directed by Buyer) a computer file or microfiche list containing a true and correct list of all such Additional Accounts, identified by account number and by the Receivable balance as of the Addition Date for Additional Accounts added pursuant to Section 2.2(a) -------------- or as of such fifth Business Day of a Monthly Period with respect to Additional Accounts added pursuant to Section 2.2(c); and (iii) the RPA Seller shall have -------------- substantially performed all other obligations required to be performed by the provisions of this Agreement; (d) The appropriate RPA Seller or RPA Sellers shall have executed and delivered a Supplemental Conveyance in conform with the requirement of Section ------- 2.2; and --- (e) Each RPA Seller shall have recorded and filed, at its expense, any financing statement with respect to the Receivables in such Additional Accounts now existing and hereafter created in connection with the transfer of accounts (as defined in Section 9-102 of the UCC as in effect in the State of Illinois) meeting the requirements of applicable state law in such manner and in such jurisdictions as are necessary to perfect the sale of the Receivables to Buyer, and shall have delivered a file-stamped copy of such financing statements or other evidence of such filings (which may, for purposes of this paragraph, consist of telephone confirmations of such filings) to Buyer.

Conditions to Buyer. s Obligations Regarding Supplemental -------------------------------------------------------- Conveyances. The obligations of Buyer to purchase any Receivables created under ----------- any Additional Accounts shall be subject to the satisfaction of the following conditions: (a) All representations and warranties of the RPA Sellers contained in this Agreement shall be true and correct on the Addition Date with the same effect as though such representations and warranties had been made on such date; (b) All information concerning the Additional Accounts provided or to be provided to Buyer shall be true and correct in all material respects as of the Addition Date with respect to Additional Accounts added pursuant to Section ------- 2.2 (asubsection 2.2(a) and as of the fifth Business Day after the first day of the calendar ------ month occurring after any Addition Date arising under Section 2.2(c); --------------; (c) On or before each Addition Date with respect to Additional Accounts added pursuant to Section subsection 2.2(a) and on or before the fifth Business Day after -------------- the first day of the Monthly Period occurring after any Addition Date arising under Section subsection 2.2(c): (i) FCNB shall have indicated or caused to be indicated in -------------- the computer files of the Receivables that Receivables created in respect of the Additional Accounts have been sold to Buyer in accordance with this Agreement and transferred to the Issuer Trust pursuant to the Transfer and Servicing Agreement for the benefit of the NoteholdersCertificateholders; (ii) FCNB shall have delivered or caused to be delivered to Buyer (or to the Owner Trustee, if so directed by Buyer) a computer file or microfiche list containing a true and correct list of all such Additional Accounts, identified by account number and by the Receivable balance as of the Addition Date for Additional Accounts added pursuant to Section subsection 2.2(a) -------------- or as of such fifth Business Day of a Monthly Period with respect to Additional Accounts added pursuant to Section subsection 2.2(c)) hereof; and (iii) the RPA Seller Sellers shall have -------------- substantially performed all other obligations required to be performed by the provisions of this Agreement; (d) The appropriate RPA Seller or RPA Sellers shall have executed and delivered a Supplemental Conveyance in conform conformity with the requirement of Section ------- 2.22.2 hereof; and ---and (e) Each RPA Seller shall have recorded and filed, at its expense, any financing statement with respect to the Receivables in such Additional Accounts now existing and hereafter created in connection with the transfer of accounts (as defined in Section 9-102 106 of the UCC as in effect in the State of Illinois) meeting the requirements of applicable state law in such manner and in such jurisdictions as are necessary to perfect the sale of the Receivables to Buyer, and shall have delivered a file-stamped copy of such financing statements or other evidence of such filings (which may, for purposes of this paragraph, consist of telephone confirmations of such filings) to Buyer.

Conditions to Buyer. s Obligations Regarding Supplemental -------------------------------------------------------- Conveyances. The obligations of Buyer to purchase any Receivables created under ----------- any Additional Accounts shall be subject to the satisfaction of the following conditions: (a) All representations and warranties of the RPA Sellers Seller contained in this Agreement shall be true and correct on the Addition Date with the same effect as though such representations and warranties had been made on such date; (b) All information concerning the Additional Accounts provided or to be provided to Buyer shall be true and correct in all material respects as of the Addition Date with respect to Additional Accounts added pursuant to Section ------- 2.2 (a) and as of the fifth Business Day after the first day of the calendar ------ ----- month occurring after any Addition Date arising under Section 2.2(c); --------------------------- (c) On or before each Addition Date with respect to Additional Accounts added pursuant to Section 2.2(a) and on or before the fifth Business Day after -------------- ------------- the first day of the Monthly Period occurring after any Addition Date arising under Section 2.2(c): (i) FCNB RPA Seller shall have indicated or caused to be ------------- indicated in -------------- the computer files of the Receivables that Receivables created in respect of the Additional Accounts have been sold to Buyer in accordance with this Agreement and transferred to the Issuer Receivables Trust pursuant to the Transfer and Servicing Agreement for the benefit of the NoteholdersSecurityholders; (ii) FCNB RPA Seller shall have delivered or caused to be delivered to Buyer (or to the Owner Receivables Trustee, if so directed by Buyer) a computer file or microfiche list containing a true and correct list of all such Additional Accounts, identified by account number and by the Receivable balance as of the Addition Date for Additional Accounts added pursuant to Section 2.2(a) -------------- or as of such fifth Business Day of a ------------- Monthly Period with respect to Additional Accounts added pursuant to Section ------- 2.2(c); and (iii) the RPA Seller shall have -------------- substantially performed all other ----- obligations required to be performed by the provisions of this Agreement; (d) The appropriate RPA Seller or RPA Sellers shall have executed and delivered a Supplemental Conveyance in conform conformance with the requirement of Section ------- 2.2; and -------------- (e) Each RPA Seller shall have recorded and filed, at its expense, any financing statement with respect to the Receivables in such Additional Accounts now existing and hereafter created in connection with the transfer of accounts (as defined in Section 9-102 of the UCC as in effect in the State of Illinois) meeting the requirements of applicable state law in such manner and in such jurisdictions as are necessary to perfect the sale of the Receivables to Buyer, and shall have delivered a file-stamped copy of such financing statements or other evidence of such filings (which may, for purposes of this paragraph, consist of telephone confirmations of such filings) to Buyer.

Conditions to Buyer. s Obligations Regarding Supplemental -------------------------------------------------------- Conveyances. The obligations of Buyer to purchase any Receivables created under ----------- any Additional Accounts shall be subject to the satisfaction of the following conditions: (a) All representations and warranties of the RPA Sellers contained in this Agreement shall be true and correct on the Addition Date with the same effect as though such representations and warranties had been made on such date; (b) All information concerning the Additional Accounts provided or to be provided to Buyer shall be true and correct in all material respects as of the Addition Date with respect to Additional Accounts added pursuant to Section ------- 2.2 (a) and as of the fifth Business Day after the first day of the calendar ------ month occurring after any Addition Date arising under Section 2.2(c); -------------- (c) On or before each Addition Date with respect to Additional Accounts added pursuant to Section 2.2(a) and on or before the fifth Business Day after -------------- the first day of the Monthly Period occurring after any Addition Date arising under Section 2.2(c): (i) FCNB shall have indicated or caused to be indicated in -------------- the computer files of the Receivables that Receivables created in respect of the Additional Accounts have been sold to Buyer in accordance with this Agreement and transferred to the Issuer pursuant to the Transfer and Servicing Agreement for the benefit of the Noteholders; (ii) FCNB shall have delivered or caused to be delivered to Buyer (or to the Owner Trustee, if so directed by Buyer) a computer file or microfiche list containing a true and correct list of all such Additional Accounts, identified by account number and by the Receivable balance as of the Addition Date for Additional Accounts added pursuant to Section 2.2(a) -------------- or as of -------------- such fifth Business Day of a Monthly Period with respect to Additional Accounts added pursuant to Section 2.2(c); and (iii) the RPA Seller shall have substantially -------------- substantially performed all other obligations required to be performed by the provisions of this Agreement; (d) The appropriate RPA Seller or RPA Sellers shall have executed and delivered a Supplemental Conveyance in conform with the requirement of Section ------- 2.2; and -------------- (e) Each RPA Seller shall have recorded and filed, at its expense, any financing statement with respect to the Receivables in such Additional Accounts now existing and hereafter created in connection with the transfer of accounts (as defined in Section 9-102 106 of the UCC as in effect in the State of Illinois) meeting the requirements of applicable state law in such manner and in such jurisdictions as are necessary to perfect the sale of the Receivables to Buyer, and shall have delivered a file-stamped copy of such financing statements or other evidence of such filings (which may, for purposes of this paragraph, consist of telephone confirmations of such filings) to Buyer.