Common use of Copies of Reports, Filings, Opinions, etc Clause in Contracts

Copies of Reports, Filings, Opinions, etc. (1) Together with each Settlement Statement required to be delivered pursuant to Section 5.01, the Seller shall cause the Servicer to prepare and forward to the Buyer (i) a report in substantially the form of Exhibit E hereto, relating to the Receivables Pool, as of the close of business on the last day of the Accounting Period most recently completed, and (ii) a listing by Obligor of all Purchased Receivables together with an aging of such Purchased Receivables, in such detail as the Buyer may reasonably request, as of the last day of the most recently completed Accounting Period. (2) Upon the request of the Buyer not more often than annually, the Seller shall furnish to the Buyer an opinion of counsel who shall be satisfactory to the Buyer with respect to the perfection of the Buyer's right, title and interest in the Receivables Pool and all Collections with respect thereto against all Persons whomsoever. (3) Simultaneously with the delivery of the Seller's annual financial statements pursuant to Section 9.01(b)(ii) for each fiscal year of the Seller, the Seller shall, at the Seller's expense, cause a firm of nationally recognized independent certified public accountants (who may render other services to the Servicer or the Seller) to furnish a report to the Buyer and the Referral Agent to the effect that they have applied certain procedures agreed upon with the Servicer and Buyer and examined certain documents and records relating to the servicing of the Receivables under this Agreement and that, based upon such agreed-upon procedures, nothing has come to the attention of such accountants that caused them to believe that the servicing (including, without limitation, the allocation of the Collections) has not been conducted in compliance with the terms and conditions of Article V and Section 6.08 of this Agreement and such predecessor agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such statement; and in addition, each report shall set forth the agreed upon procedures performed; provided that such examinations and reports may be combined with the examinations and reports required by Section 9.03(i)(3).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Volt Information Sciences Inc)

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Copies of Reports, Filings, Opinions, etc. (1) Together with each Settlement Statement required to be delivered pursuant to Section 5.01, the Seller shall cause the Servicer to prepare and forward to the Buyer (i) a report in substantially the form of Exhibit E hereto, relating to the Receivables Pool, as of the close of business on the last day of the Accounting Period most recently completed, and (ii) a listing by Obligor of all Purchased Receivables together with an aging of such Purchased Receivables, in such detail as the Buyer may reasonably request, Receivables as of the last day of the most recently completed Accounting Period. (2) Upon The Seller shall, upon request by the request of the Buyer Buyer, but not more often than annually, the Seller shall furnish to the Buyer an opinion of counsel who shall be satisfactory to the Buyer with respect to the perfection of the Buyer's right, title and interest in the Receivables Pool and all Collections with respect thereto against all Persons whomsoever. (3) Simultaneously with the delivery of the Seller's annual financial statements pursuant to Section 9.01(b)(ii) for each fiscal year of the SellerSeller commencing with the fiscal year ending in 2002, the Seller shall, at the Seller's expense, cause a firm of nationally recognized independent certified public accountants acceptable to the Buyer (who may render other services to the Servicer or the Seller) to furnish a report (which report shall cover the twelve months ending on the last day of the Seller's fiscal year which is covered by such financial statements) to the Buyer and the Referral Agent to the effect that they have applied certain procedures agreed upon with the Servicer and Buyer and examined certain documents and records relating to the servicing of the Receivables under this Agreement and that, based upon such agreed-upon procedures, nothing has come as to the attention of such accountants that caused them accounting firm's findings with regard to believe that the servicing (including, without limitation, the allocation of the Collections) has not been conducted in compliance with the terms and conditions of Article V and Section 6.08 of this Agreement and such predecessor agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such statement; and in addition, each report shall set forth the agreed upon procedures performedprocedures; provided that such examinations and reports may be combined with the examinations and reports required by Section 9.03(i)(3).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Commercial Metals Co)

Copies of Reports, Filings, Opinions, etc. (1) Together with each Settlement Statement required to be delivered pursuant to Section 5.01, the Seller shall cause the Servicer to prepare and forward to the Administrator and each Buyer Agent (i) a report in substantially the form of Exhibit E hereto, relating to the Receivables Pool, as of the close of business on the last day of the Accounting Period most recently completed, and (ii) a listing by Obligor of all Purchased Receivables together with an aging of such Purchased Receivables, in such detail as the Buyer such party may reasonably request, as of the last day of the most recently completed Accounting Period. (2) Upon the request of the Buyer Administrator not more often than annually, the Seller shall furnish to the Administrator, each Buyer and each Buyer Agent an opinion of counsel who shall be satisfactory to the Buyer Administrator with respect to the perfection of the each Buyer's right, title and interest in the Receivables Pool and all Collections with respect thereto against all Persons whomsoever. (3) Simultaneously with the delivery of the Seller's annual financial statements pursuant to Section 9.01(b)(ii) for each fiscal year of the Seller, the Seller shall, at the Seller's expense, cause a firm of nationally recognized independent certified public accountants (who may render other services to the Servicer or the Seller) to furnish a report to the Administrator, each Buyer and the Referral each Buyer Agent to the effect that they have applied certain procedures agreed upon with the Servicer and Administrator, each Buyer and each Buyer Agent and examined certain documents and records relating to the servicing of the Receivables under this Agreement and that, based upon such agreed-upon procedures, nothing has come to the attention of such accountants that caused them to believe that the servicing (including, without limitation, the allocation of the Collections) has not been conducted in compliance with the terms and conditions of Article V and Section 6.08 of this Agreement and such predecessor agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such statement; and in addition, each report shall set forth the agreed upon procedures performed; provided that such examinations and reports may be combined with the examinations and reports required by Section 9.03(i)(3).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Volt Information Sciences, Inc.)

Copies of Reports, Filings, Opinions, etc. (1) Together with each Settlement Statement required to be delivered pursuant to Section 5.01, the Seller Servicer shall cause the Servicer to prepare and forward to the Buyer Administrative Agent and the Managing Agents (i) a report in substantially the form of Exhibit E D hereto, relating to the Receivables Pool, as of the close of business on the last day of the Accounting Period most recently completed, and (ii) a listing by Obligor of all Purchased Receivables together with an aging of such Purchased Receivables, in such detail as the Buyer may reasonably request, Receivables as of the last day of the most recently completed Accounting Period. (2) Upon The Servicer shall, upon request by the request of the Buyer Administrative Agent, but not more often than annually, the Seller shall furnish to the Administrative Agent, each Managing Agent and each Buyer an opinion of counsel who shall be satisfactory to the Buyer Administrative Agent with respect to the perfection of the Buyer's Buyers' right, title and interest in the Receivables Pool and all Collections with respect thereto against all Persons whomsoever. (3) Simultaneously with the delivery of the SellerServicer's annual financial statements pursuant to Section 9.01(b)(ii9.03(b)(ii) for each fiscal year of the SellerServicer, commencing with the fiscal year ending in 2004, the Seller Servicer shall, at the SellerServicer's expense, cause a firm of nationally recognized independent certified public accountants acceptable to the Administrative Agent (who may render other services to the Servicer or the Seller) to furnish a report (which report shall cover the twelve months ending on the last day of the Servicer's fiscal year which is covered by such financial statements) to the Buyer Administrative Agent, the Managing agents and the Referral Agent Buyers to the effect that they have applied certain procedures agreed upon with the Servicer and Buyer Administrative Agent and examined certain documents and records relating to the servicing of the Receivables under this Agreement and that, based upon such agreed-upon procedures, nothing has come as to the attention of such accountants that caused them accounting firm's findings with regard to believe that the servicing (including, without limitation, the allocation of the Collections) has not been conducted in compliance with the terms and conditions of Article V and Section 6.08 of this Agreement and such predecessor agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such statement; and in addition, each report shall set forth the agreed upon procedures performedprocedures; provided that such examinations and reports may be combined with the examinations and reports required by Section 9.03(i)(39.01(i)(3).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Commercial Metals Co)

Copies of Reports, Filings, Opinions, etc. (1) Together with each Settlement Statement required to be delivered pursuant to Section 5.01, the Seller shall cause the Servicer to prepare and forward to the Buyer (i) a report in substantially the form of Exhibit E G hereto, relating to the Receivables Pool, as of the close of business on the last day of the Accounting Period most recently completed, and (ii) a listing by Obligor of all Purchased Receivables together with an aging of such Purchased Receivables, in such detail as the Buyer may reasonably request, Receivables as of the last day of the most recently completed Accounting Period. (2) Upon the written request of the Buyer not more often than annuallydelivered to the Seller at least 30 days in advance, the Seller shall furnish to the Buyer on or before June 30 of each year an opinion of counsel who shall be satisfactory to the Buyer with respect to the perfection of the Buyer's right, title and interest in the Receivables Pool and all Collections with respect thereto against all Persons whomsoever. (3) Simultaneously with the delivery of the Seller's annual financial statements pursuant to Section 9.01(b)(ii) for each fiscal year of the SellerOn or before July 31, 2001, the Seller shall, at the Seller's expense, Buyer shall cause a firm of nationally recognized independent certified public accountants (who may render other services to the Servicer or the Seller) to furnish a report (which report shall cover the twelve months ending on March 31, 2001, and annually thereafter on or before June 30 of each year) to the Buyer and the Referral Agent to the effect that they have applied certain procedures agreed upon with the Servicer and Buyer and examined certain documents and records relating to the servicing of the Receivables under this Agreement and the predecessor Receivables Purchase Agreement between the Company and the Buyer dated as of March 31, 1997 and that, based upon such agreed-upon procedures, nothing has come to the attention of such accountants that caused them to believe that the servicing (including, without limitation, the allocation of the Collections) has not been conducted in compliance with the terms and conditions of Article V and Section 6.08 of this Agreement and such predecessor agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such statement; and in addition, each report shall set forth the agreed upon procedures performed; provided that such examinations . (4) As soon as available and reports may be combined in any event no later than 45 days prior to the commencement of each Company Fiscal Year, commencing with the examinations and reports required by Section 9.03(i)(3)Company Fiscal Year ending March 31, 2002, a schedule of the Accounting Periods for such Company Fiscal Year.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Exide Corp)

Copies of Reports, Filings, Opinions, etc. (1) Together with each Settlement Statement required to be delivered pursuant to Section 5.01, the Seller shall cause the Servicer to prepare and forward to the Buyer Administrative Agent and the Managing Agents (i) a report in substantially the form of Exhibit E D hereto, relating to the Receivables Pool, as of the close of business on the last day of the Accounting Period most recently completed, and (ii) a listing by Obligor of all Purchased Receivables together with an aging of such Purchased Receivables, in such detail as the Buyer may reasonably request, Receivables as of the last day of the most recently completed Accounting Period. (2) Upon The Seller shall, upon request by the request of the Buyer Administrative Agent, but not more often than annually, the Seller shall furnish to the Administrative Agent, each Managing Agent and each Buyer an opinion of counsel who shall be satisfactory to the Buyer Administrative Agent with respect to the perfection of the Buyer's Buyers’ right, title and interest in the Receivables Pool and all Collections with respect thereto against all Persons whomsoever. (3) Simultaneously with the delivery of the Seller's ’s annual financial statements pursuant to Section 9.01(b)(ii) for each fiscal year of the SellerSeller commencing with the fiscal year ending in 2008, the Seller shall, at the Seller's ’s expense, cause a firm of nationally recognized independent certified public accountants acceptable to the Administrative Agent (who may render other services to the Servicer or the Seller) to furnish a report (which report shall cover the twelve months ending on the last day of the Seller’s fiscal year which is covered by such financial statements) to the Buyer Administrative Agent, the Managing Agents and the Referral Agent Buyers to the effect that they have applied certain procedures agreed upon with the Servicer and Buyer Administrative agent and examined certain documents and records Records relating to the servicing of the Receivables under this Agreement and that, based upon such agreed-upon procedures, nothing has come as to the attention of such accountants that caused them accounting firm’s findings with regard to believe that the servicing (including, without limitation, the allocation of the Collections) has not been conducted in compliance with the terms and conditions of Article V and Section 6.08 of this Agreement and such predecessor agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such statement; and in addition, each report shall set forth the agreed upon procedures performedprocedures; provided that such examinations and reports may be combined with the examinations and reports required by Section 9.03(i)(3).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Commercial Metals Co)

Copies of Reports, Filings, Opinions, etc. (1) Together with each Settlement Statement required to be delivered pursuant to Section 5.01, the Seller shall cause the Servicer to prepare and forward to the Buyer Administrative Agent and the Managing Agents (i) a report in substantially the form of Exhibit E D hereto, relating to the Receivables Pool, as of the close of business on the last day of the Accounting Period most recently completed, and (ii) a listing by Obligor of all Purchased Receivables together with an aging of such Purchased Receivables, in such detail as the Buyer may reasonably request, Receivables as of the last day of the most recently completed Accounting Period. (2) Upon The Seller shall, upon request by the request of the Buyer Administrative Agent, but not more often than annually, the Seller shall furnish to the Administrative Agent, each Managing Agent and each Buyer an opinion of counsel who shall be satisfactory to the Buyer Administrative Agent with respect to the perfection of the Buyer's Buyers' right, title and interest in the Receivables Pool and all Collections with respect thereto against all Persons whomsoever. (3) Simultaneously with the delivery of the Seller's annual financial statements pursuant to Section 9.01(b)(ii) for each fiscal year of the SellerSeller commencing with the fiscal year ending in 2004, the Seller shall, at the Seller's expense, cause a firm of nationally recognized independent certified public accountants acceptable to the Administrative Agent (who may render other services to the Servicer or the Seller) to furnish a report (which report shall cover the twelve months ending on the last day of the Seller's fiscal year which is covered by such financial statements) to the Buyer Administrative Agent, the Managing Agents and the Referral Agent Buyers to the effect that they have applied certain procedures agreed upon with the Servicer and Buyer Administrative agent and examined certain documents and records relating to the servicing of the Receivables under this Agreement and that, based upon such agreed-upon procedures, nothing has come as to the attention of such accountants that caused them accounting firm's findings with regard to believe that the servicing (including, without limitation, the allocation of the Collections) has not been conducted in compliance with the terms and conditions of Article V and Section 6.08 of this Agreement and such predecessor agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such statement; and in addition, each report shall set forth the agreed upon procedures performedprocedures; provided that such examinations and reports may be combined with the examinations and reports required by Section 9.03(i)(3).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Commercial Metals Co)

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Copies of Reports, Filings, Opinions, etc. (1) Together with each Settlement Statement required to be delivered pursuant to Section 5.01, the Seller Servicer shall cause the Servicer to prepare and forward to the Administrator and each Buyer Agent (i) a report in substantially the form of Exhibit E hereto, relating to the Receivables Pool, as of the close of business 77 on the last day of the Accounting Period most recently completed, and (ii) a listing by Obligor of all Purchased Receivables together with an aging of such Purchased Receivables, in such detail as the Buyer such party may reasonably request, as of the last day of the most recently completed Accounting Period. (2) Upon the request of the Buyer Administrator not more often than annually, the Seller Servicer shall furnish to the Administrator, each Buyer and each Buyer Agent an opinion of counsel who shall be satisfactory to the Buyer Administrator with respect to the perfection of the each Buyer's right, title and interest in the Receivables Pool and all Collections with respect thereto against all Persons whomsoever. (3) Simultaneously with the delivery of the SellerServicer's annual financial statements pursuant to Section 9.01(b)(ii9.03(b)(ii) for each fiscal year of the SellerServicer, the Seller Servicer shall, at the SellerServicer's expense, cause a firm of nationally recognized independent certified public accountants (who may render other services to the Servicer or the Seller) to furnish a report to the Administrator and each Buyer and the Referral Agent to the effect that they have applied certain procedures agreed upon with the Servicer and the Administrator and each Buyer Agent and examined certain documents and records relating to the servicing of the Receivables under this Agreement and that, based upon such agreed-upon procedures, nothing has come to the attention of such accountants that caused them to believe that the servicing (including, without limitation, the allocation of the Collections) has not been conducted in compliance with the terms and conditions of Article V and Section 6.08 of this Agreement and such predecessor agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such statement; and in addition, each report shall set forth the agreed agreed-upon procedures performed; provided that such examinations and reports may be combined with the examinations and reports required by Section 9.03(i)(39.01(i)(3).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Volt Information Sciences, Inc.)

Copies of Reports, Filings, Opinions, etc. (1) Together with each Settlement Statement required to be delivered pursuant to Section 5.01, the Seller Servicer shall cause the Servicer to prepare and forward to the Buyer (i) a report in substantially the form of Exhibit E hereto, relating to the Receivables Pool, as of the close of business on the last day of the Accounting Period most recently completed, and (ii) a listing by Obligor of all Purchased Receivables together with an aging of such Purchased Receivables, in such detail as the Buyer may reasonably request, as of the last day of the most recently completed Accounting Period. (2) Upon the request of the Buyer not more often than annually, the Seller Servicer shall furnish to the Buyer an opinion of counsel who shall be satisfactory to the Buyer with respect to the perfection of the Buyer's right, title and interest in the Receivables Pool and all Collections with respect thereto against all Persons whomsoever. (3) Simultaneously with the delivery of the SellerServicer's annual financial statements pursuant to Section 9.01(b)(ii9.03(b)(ii) for each fiscal year of the SellerServicer, the Seller Servicer shall, at the SellerServicer's expense, cause a firm of nationally recognized independent certified public accountants (who may render other services to the Servicer or the Seller) to furnish a report to the Buyer and the Referral Agent to the effect that they have applied certain procedures agreed upon with the Servicer and Buyer and examined certain documents and records relating to the servicing of the Receivables under this Agreement and that, based upon such agreed-upon procedures, nothing has come to the attention of such accountants that caused them to believe that the servicing (including, without limitation, the allocation of the Collections) has not been conducted in compliance with the terms and conditions of Article V and Section 6.08 of this Agreement and such predecessor agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such statement; and in addition, each report shall set forth the agreed upon procedures performed; provided that such examinations and reports may be combined with the examinations and reports required by Section 9.03(i)(39.01(i)(3).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Volt Information Sciences Inc)

Copies of Reports, Filings, Opinions, etc. (1) Together with each Settlement Statement required to be delivered pursuant to Section 5.01, the Seller shall cause the Servicer to prepare and forward to the Buyer (i) a report in substantially the form of Exhibit E G hereto, relating to the Receivables Pool, as of the close of business on the last day of the Accounting Period most recently completed, and (ii) a listing by Obligor of all Purchased Receivables together with an aging of such Purchased Receivables, in such detail as the Buyer may reasonably request, Receivables as of the last day of the most recently completed Accounting Period. (2) Upon the request of the Buyer not more often than annually, the The Seller shall furnish to the Buyer on or before June 30 of each year an opinion of counsel who shall be satisfactory to the Buyer with respect to the perfection of the Buyer's right, title and interest in the Receivables Pool and all Collections with respect thereto against all Persons whomsoever. (3) Simultaneously with the delivery On or before June 30, 1997 date of the Seller's annual financial statements pursuant to Section 9.01(b)(ii) for each fiscal year of the Sellerthis Agreement, the Seller shall, at the Seller's expense, Buyer shall cause a firm of nationally recognized independent certified public accountants (who may render other services to the Servicer or the Seller) to furnish a report (which report shall cover the twelve months ending on March 31, 1997, and annually thereafter on or before June 30 of each year) to the Buyer and the Referral Agent to the effect that they have applied certain procedures agreed upon with the Servicer and Buyer and examined certain documents and records relating to the servicing of the Receivables under this Agreement and the predecessor Amended and Restated Receivables Purchase Agreement between the Company and the Buyer dated as of December 20, 1995 and that, based upon such agreed-upon procedures, nothing has come to the attention of such accountants that caused them to believe that the servicing (including, without limitation, the allocation of the Collections) has not been conducted in compliance with the terms and conditions of Article V and Section 6.08 of this Agreement and such predecessor agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such statement; and in addition, each report shall set forth the agreed upon procedures performed; provided that such examinations . (4) As soon as available and reports may be combined in any event no later than 45 days prior to the commencement of each Company Fiscal Year, commencing with the examinations and reports required by Section 9.03(i)(3)Company Fiscal Year ending March 31, 1999, a schedule of the Accounting Periods for such Company Fiscal Year.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Exide Corp)

Copies of Reports, Filings, Opinions, etc. (1) Together with each Settlement Statement required to be delivered pursuant to Section 5.01, the Seller Servicer shall cause the Servicer to prepare and forward to the Buyer Administrative Agent and the Managing Agents (i) a report in substantially the form of Exhibit E D hereto, relating to the Receivables Pool, as of the close of business on the last day of the Accounting Period most recently completed, and (ii) a listing by Obligor of all Purchased Receivables together with an aging of such Purchased Receivables, in such detail as the Buyer may reasonably request, Receivables as of the last day of the most recently completed Accounting Period. (2) Upon The Servicer shall, upon request by the request of the Buyer Administrative Agent, but not more often than annually, the Seller shall furnish to the Administrative Agent, each Managing Agent and each Buyer an opinion of counsel who shall be satisfactory to the Buyer Administrative Agent with respect to the perfection of the Buyer's Buyers’ right, title and interest in the Receivables Pool and all Collections with respect thereto against all Persons whomsoever. (3) Simultaneously with the delivery of the Seller's Servicer’s annual financial statements pursuant to Section 9.01(b)(ii9.03(b)(ii) for each fiscal year of the SellerServicer, commencing with the fiscal year ending in 2008, the Seller Servicer shall, at the Seller's Servicer’s expense, cause a firm of nationally recognized independent certified public accountants acceptable to the Administrative Agent (who may render other services to the Servicer or the Seller) to furnish a report (which report shall cover the twelve months ending on the last day of the Servicer’s fiscal year which is covered by such financial statements) to the Buyer Administrative Agent, the Managing agents and the Referral Agent Buyers to the effect that they have applied certain procedures agreed upon with the Servicer and Buyer Administrative Agent and examined certain documents and records Records relating to the servicing of the Receivables under this Agreement and that, based upon such agreed-upon procedures, nothing has come as to the attention of such accountants that caused them accounting firm’s findings with regard to believe that the servicing (including, without limitation, the allocation of the Collections) has not been conducted in compliance with the terms and conditions of Article V and Section 6.08 of this Agreement and such predecessor agreement, except for such exceptions as they believe to be immaterial and such other exceptions as shall be set forth in such statement; and in addition, each report shall set forth the agreed upon procedures performedprocedures; provided that such examinations and reports may be combined with the examinations and reports required by Section 9.03(i)(39.01(i)(3).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Commercial Metals Co)

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