Covenants, Representations and Warranties of the Transferring Affiliates. 3.1 Upon the effectiveness of this Amendment, each New Transferring Affiliate (i) represents and warrants that (A) it is, directly or indirectly, a wholly-owned subsidiary of FMCH, (B) it is primarily engaged in the same business as is conducted on the date hereof by the Originating Entities and (C) each statement set forth in Section 6 of the Transferring Affiliate Letter is true and correct in respect of such New Transferring Affiliate, and (ii) hereby makes the Perfection Representations and all covenants as a Transferring Affiliate in the Transferring Affiliate Letter (as amended hereby).
Appears in 5 contracts
Samples: 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 Transferring Affiliates. 3.1 Upon the effectiveness of this Amendment, each the New Transferring Affiliate (i) represents and warrants that (A) it is, directly or indirectly, a wholly-owned subsidiary of FMCH, (B) it is primarily engaged in the same business as is conducted on the date hereof by the Originating Entities and (C) each statement set forth in Section 6 of the Transferring Affiliate Letter is true and correct in respect of such the New Transferring Affiliate, and (ii) hereby makes the Perfection Representations and all covenants as a Transferring Affiliate in the Transferring Affiliate Letter (as amended hereby).
Appears in 1 contract
Samples: Receivables Purchase Agreement (Fresenius Medical Care AG & Co. KGaA)