Covenants, Representations and Warranties of the Seller. 3.1 Upon the effectiveness of this Amendment, the Seller hereby reaffirms all covenants, representations and warranties made by it in the RPA and agrees that all such covenants, representations and warranties shall be deemed to have been remade as of the effective date of this Amendment. 3.2 The Seller hereby represents and warrants that (i) this Amendment constitutes the legal, valid and binding obligation of such party, enforceable against it in accordance with its terms and (ii) upon the effectiveness of this Amendment, no Seller Default or Potential Seller Default shall exist under the RPA.
Appears in 9 contracts
Samples: Seventh Amended and Restated Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Receivables Purchase Agreement (Fresenius Medical Care AG & Co. KGaA), Receivables Purchase Agreement (Fresenius Medical Care AG & Co. KGaA)
Covenants, Representations and Warranties of the Seller. 3.1 Upon the effectiveness of this Amendment, the Seller hereby reaffirms all covenants, representations and warranties made by it in the RPA and agrees that all such covenants, representations and warranties shall be deemed to have been remade as of the effective date of this Amendment.
3.2 The Upon the effectiveness of this Amendment, the Seller hereby represents and warrants that (i) this Amendment constitutes the legal, valid and binding obligation of such party, enforceable against it in accordance with its terms and (ii) upon the effectiveness of this Amendment, no Seller Default or Potential Seller Default shall exist under the RPA.
Appears in 2 contracts
Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Receivables Purchase Agreement (Fresenius Medical Care AG & Co. KGaA)
Covenants, Representations and Warranties of the Seller. 3.1 Upon the effectiveness of this Amendment, the Seller hereby reaffirms (subject to the modifications to Exhibit F to the RPA set forth in the Certificate of even date herewith executed by the Seller) all covenants, representations and warranties made by it in the RPA and agrees that all such covenants, representations and warranties shall be deemed to have been remade as of the effective date of this Amendment.
3.2 The Seller hereby represents and warrants that (i) this Amendment constitutes the legal, valid and binding obligation of such party, enforceable against it in accordance with its terms and (ii) upon the effectiveness of this Amendment, no Seller Default or Potential Seller Default shall exist under the RPA.
Appears in 2 contracts
Samples: Transfer and Administration Agreement (Fresenius National Medical Care Holdings Inc), Receivables Purchase Agreement (Fresenius National Medical Care Holdings Inc)
