Creation of Receivables. The Originator has exercised at least the same degree of care and diligence in the creation of the Purchased Receivables as it has exercised in connection with the creation of receivables originated by it prior to the date of this Agreement and not sold hereunder.
Appears in 9 contracts
Samples: Receivables Purchase Agreement (Eagle Picher Technologies LLC), Receivables Purchase Agreement (Eagle Picher Technologies LLC), Receivables Purchase Agreement (Eagle Picher Technologies LLC)
Creation of Receivables. The Such Originator has exercised at least the same degree of care and diligence in the creation of the Purchased Receivables sold or otherwise transferred hereunder as it has exercised in connection with the creation of receivables originated by it prior to the date of this Agreement and not sold so transferred hereunder.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Cincinnati Bell Inc), Purchase and Sale Agreement (Cincinnati Bell Inc), Purchase and Sale Agreement (Triumph Group Inc)
Creation of Receivables. The Such Originator has exercised at least the same degree of care and diligence in the creation of the Purchased Receivables sold, contributed or otherwise transferred hereunder as it has exercised in connection with the creation of receivables originated by it prior to the date of this Agreement and not sold so transferred hereunder.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Fleetcor Technologies Inc), Joinder Agreement (Patriot Coal CORP), Purchase and Sale Agreement (Cooper Tire & Rubber Co)
Creation of Receivables. The Originator has exercised at least the same degree of care and diligence in the creation of the Purchased Receivables sold or otherwise transferred hereunder as it has exercised in connection with the creation of receivables originated by it prior to the date of this Agreement and not sold so transferred hereunder.
Appears in 2 contracts
Samples: Canadian Purchase and Sale Agreement (Cincinnati Bell Inc), Canadian Purchase and Sale Agreement (Cincinnati Bell Inc)
Creation of Receivables. The Such Originator has exercised at least the same degree of care and diligence in the creation of the Purchased Receivables sold or otherwise conveyed hereunder as it has exercised in connection with the creation of receivables originated by it prior to the date of this Agreement and not sold so transferred hereunder.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Alliance Resource Partners Lp), Purchase and Sale Agreement (Arch Western Resources LLC)
Creation of Receivables. The Such Originator has exercised at least the same degree of care and diligence in the creation of the Purchased Receivables such Receivable, as it has exercised in connection with the creation of receivables originated by it prior to the date of this Agreement and not sold so transferred hereunder.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Armstrong World Industries Inc), Purchase and Sale Agreement (Armstrong World Industries Inc)
Creation of Receivables. The Originator has exercised at least the same degree of care and diligence in the creation of the Purchased Receivables as it has exercised in connection with the creation of receivables originated by it prior to the date of this Agreement and not sold hereunder.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Ipalco Enterprises Inc)
Creation of Receivables. The Such Originator has exercised at least the same degree of care and diligence in the creation of the Purchased Receivables as it has exercised in connection with the creation of receivables originated by it prior to the date of this Agreement and not sold hereunder.has
Appears in 1 contract
Creation of Receivables. The Such Originator has exercised at least the same degree of care and diligence in the creation of the Purchased Receivables sold, contributed or otherwise transferred hereunder as it has exercised in connection with the creation of previous receivables originated by it prior to the date of this Agreement and not sold so transferred hereunder.
Appears in 1 contract
Samples: Purchase and Sale Agreement (SWIFT TRANSPORTATION Co)
Creation of Receivables. The Such Originator has exercised at least the same degree of care and diligence in the creation or acquisition of the Purchased Receivables sold, contributed or otherwise transferred hereunder as it has exercised in connection with the creation of receivables Receivables originated by it prior to the date of this Agreement and not sold so transferred hereunder.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Fleetcor Technologies Inc)
Creation of Receivables. The Such Originator has exercised at least the same degree of care and diligence in the creation of the Purchased Receivables sold, contributed or otherwise transferred hereunder as it has exercised in connection with the creation of receivables originated by it prior to the date of this Agreement and not sold so transferred hereunder.. SECTION 5.12
Appears in 1 contract
Samples: Purchase and Sale Agreement (Cooper Tire & Rubber Co)