Common use of Covenants, Representations and Warranties of the Seller and the Servicer Clause in Contracts

Covenants, Representations and Warranties of the Seller and the Servicer. (a) Upon the effectiveness of this Amendment, each of the Seller, the Servicer and the Custodian hereby (i) reaffirms all covenants, representations and warranties made by it in the Receivables Purchase Agreement to the extent the same are not amended hereby, (ii) agrees that all such covenants, representations and warranties shall be deemed to have been re-made as of the effective date of this Amendment, and (iii) represents and warrants that no Event of Termination, Unmatured Event of Termination, Wind-Down Event, Unmatured Wind-Down Event, Servicing Termination Event or event which with the giving of notice or the passage of time or both would constitute a Servicing Termination Event, is in effect or is continuing. (b) Each of the Seller, the Servicer and the Custodian hereby represents and warrants that this Amendment constitutes its legal, valid and binding obligation, enforceable against such Person in accordance with its terms.

Covenants, Representations and Warranties of the Seller and the Servicer. (a) Upon the effectiveness of this Amendment, each of the Seller, the Servicer and the Collateral Custodian hereby (i) reaffirms all covenants, representations and warranties made by it in the Receivables Purchase Agreement to the extent the same are not amended hereby, (ii) agrees that all such covenants, representations and warranties shall be deemed to have been re-made as of the effective date of this Amendment, and (iii) represents and warrants that no Servicer Default, Event of Termination, Unmatured Event of TerminationTermination Date, Wind-Down Event, Unmatured Wind-Down Event, Servicing Termination Event or event which with the giving of notice or the passage of time or both would constitute a Servicing Termination EventServicer Default or Event of Termination, is in effect or is continuing. (b) Each of the Seller, the Servicer and the Collateral Custodian hereby represents and warrants that this Amendment constitutes its legal, valid and binding obligation, enforceable against such Person in accordance with its terms.

Covenants, Representations and Warranties of the Seller and the Servicer. (a) Upon the effectiveness of this AmendmentConsent, each of the Seller, Seller and the Servicer and the Custodian hereby (i) reaffirms all covenants, representations and warranties made by it in the Receivables Purchase Agreement to the extent the same are not amended hereby, (ii) agrees that all such covenants, representations and warranties shall be deemed to have been re-made as of the effective date of this Amendment, and (iii) represents and warrants that no Event of Termination, Unmatured Event of Termination, Wind-Down Event, Unmatured Wind-Down Event, Servicing Termination Event or event which which, with the giving of notice or the passage of time or both both, would constitute a Servicing Termination Event, is in effect or is continuing, or will be in effect or be continuing either before or after giving effect to the transactions anticipated hereby and by the Assignment Agreements. (b) Each of the Seller, Seller and the Servicer and the Custodian hereby represents and warrants that this Amendment Consent constitutes its legal, valid and binding obligation, enforceable against such Person in accordance with its terms.