Common use of DETERMINATION OF BREACH Clause in Contracts

DETERMINATION OF BREACH. For the purpose of determining whether or not any warranty made by the Cooperative under the provisions of Section 4.10 was false and that the Cooperative is therefore obliged to repurchase any Wholesale Account, the Cooperative shall be bound by a written statement of an officer of Statesman that in the reasonable judgment of Statesman it has determined that any obligor under any Wholesale Account has refused to make any scheduled payment under such contract because of any fact which has been represented as otherwise by the Cooperative to Statesman under the provisions of Section 4.10 hereof.

Appears in 3 contracts

Samples: Financing Services and Contributed Capital Agreement (Southern States Capital Trust I), Revolving Credit Agreement (Southern States Cooperative Inc), Revolving Credit Agreement (Southern States Capital Trust I)

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DETERMINATION OF BREACH. For the purpose of determining whether or not any warranty made by the Cooperative under the provisions of Section 4.10 3.05 was false and that the Cooperative is therefore obliged to repurchase any Wholesale AccountPurchased Contract, the Cooperative shall be bound by a written statement of an officer of Statesman that in the reasonable judgment of Statesman it has determined that any obligor under any Wholesale Account Purchased Contract has refused to make any scheduled payment under such contract because of any fact which has been represented as otherwise by the Cooperative to Statesman under the provisions of Section 4.10 3.05 hereof.

Appears in 3 contracts

Samples: Financing Services and Contributed Capital Agreement (Southern States Capital Trust I), Revolving Credit Agreement (Southern States Capital Trust I), Revolving Credit Agreement (Southern States Cooperative Inc)

DETERMINATION OF BREACH. For the purpose of determining whether or not ----------------------- any warranty made by the Cooperative under the provisions of Section 4.10 was false and that the Cooperative is therefore obliged to repurchase any Wholesale Account, the Cooperative shall be bound by a written statement of an officer of Statesman that in the reasonable judgment of Statesman it has determined that any obligor under any Wholesale Account has refused to make any scheduled payment under such contract because of any fact which has been represented as otherwise by the Cooperative to Statesman under the provisions of Section 4.10 hereof.

Appears in 2 contracts

Samples: Financing Services and Contributed Capital Agreement (Southern States Cooperative Inc), Financing Services and Contributed Capital Agreement (Southern States Capital Trust Ii)

DETERMINATION OF BREACH. For the purpose of determining whether or not ----------------------- any warranty made by the Cooperative under the provisions of Section 4.10 3E.05 was false and that the Cooperative is therefore obliged to repurchase any Wholesale AccountPurchased Note, the Cooperative shall be bound by a written statement of an officer of Statesman that in the reasonable judgment of Statesman it has determined that any obligor under any Wholesale Account Purchased Note has refused to make any scheduled payment under such contract Note because of any fact which has been represented as otherwise by the Cooperative to Statesman under the provisions of Section 4.10 3E.05 hereof.

Appears in 2 contracts

Samples: Financing Services and Contributed Capital Agreement (Southern States Capital Trust Ii), Financing Services and Contributed Capital Agreement (Southern States Cooperative Inc)

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DETERMINATION OF BREACH. For the purpose of determining whether or not ----------------------- any warranty made by the Cooperative under the provisions of Section 4.10 3.05 was false and that the Cooperative is therefore obliged to repurchase any Wholesale AccountPurchased Contract, the Cooperative shall be bound by a written statement of an officer of Statesman that in the reasonable judgment of Statesman it has determined that any obligor under any Wholesale Account Purchased Contract has refused to make any scheduled payment under such contract because of any fact which has been represented as otherwise by the Cooperative to Statesman under the provisions of Section 4.10 3.05 hereof.

Appears in 2 contracts

Samples: Financing Services and Contributed Capital Agreement (Southern States Capital Trust Ii), Financing Services and Contributed Capital Agreement (Southern States Cooperative Inc)

DETERMINATION OF BREACH. For the purpose of determining whether or not any warranty made by the Cooperative under the provisions of Section 4.10 3E.05 was false and that the Cooperative is therefore obliged to repurchase any Wholesale AccountPurchased Note, the Cooperative shall be bound by a written statement of an officer of Statesman that in the reasonable judgment of Statesman it has determined that any obligor under any Wholesale Account Purchased Note has refused to make any scheduled payment under such contract Note because of any fact which has been represented as otherwise by the Cooperative to Statesman under the provisions of Section 4.10 3E.05 hereof.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Southern States Capital Trust I), Revolving Credit Agreement (Southern States Cooperative Inc)

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