Common use of Furnishing Copies, Etc Clause in Contracts

Furnishing Copies, Etc. Such Originator shall furnish to the Purchaser (i) upon the Purchaser's request, a certificate of an Authorized Officer of such Originator certifying, as of the date thereof, that no Purchase Termination Event has occurred and is continuing and setting forth the computations used such Authorized Officer of such Originator in making such determination; (ii) as soon as possible and in any event within five days after the occurrence of any Purchase Termination Event or Incipient Purchase Termination Event, a statement of an Authorized Officer of such Originator setting forth details of such Purchase Termination Event or Incipient Purchase Termination Event and the action that such Originator proposes to take or has taken with respect thereto; (iii) promptly after obtaining knowledge that a Receivable was, at the time of the Purchaser's purchase thereof, not an Eligible Receivable, notice thereof; (iv) on the Business Day following the request, a computer file or microfiche list containing a true and correct list of all Accounts, identified by account numbers and the outstanding balance of the Receivable in such Account; and (v) promptly following the Purchaser's request therefor, such other information, documents, records or reports with respect to the Receivables or the underlying Charge Account Agreements or the conditions or operations, financial or otherwise, of such Originator, as the Purchaser may from time to time reasonably request.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Apparel Retailers Inc)

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Furnishing Copies, Etc. Such Originator shall furnish Furnish to the Purchaser Company: ----------------------- (ia) upon within five Business Days of the PurchaserCompany's request, a certificate of an Authorized the Financial Officer of such Originator Seller or of the Master Servicer on behalf of such Seller certifying, as of the date thereof, to the knowledge of such officer, that no Purchase Termination Event has occurred and is continuing continuing, and setting forth the computations used such Authorized by the Financial Officer of such Originator Seller in making such determination; determination or if one has so occurred specifying the nature and extent thereof and any corrective action taken or proposed to be taken with respect thereto; (iib) as soon as possible and in any event within five days after promptly upon obtaining knowledge of the occurrence of any Purchase Termination Event or Incipient Purchase Termination Event, a statement of an Authorized Officer of such Originator setting forth details of such Purchase Termination Event or Incipient Purchase Termination Event written notice thereof specifying the nature and extent thereof and the corrective action that such Originator proposes (if any) proposed to take or has be taken with respect thereto; ; (iii) promptly after obtaining knowledge that a Receivable was, at the time of the Purchaser's purchase thereof, not an Eligible Receivable, notice thereof; (iv) on the Business Day following the request, a computer file or microfiche list containing a true and correct list of all Accounts, identified by account numbers and the outstanding balance of the Receivable in such Account; and (vc) promptly following the Purchaser's request therefor, such other information, documents, records or reports regarding or with respect to the Purchased Receivables or of the underlying Charge Account Agreements or the conditions or operations, financial or otherwise, of such Originatorapplicable Seller, as the Purchaser Company may from time to time reasonably request; (d) promptly upon obtaining knowledge of the occurrence thereof, written notice of any event of default or default under any other Transaction Document; (e) promptly upon obtaining knowledge of the occurrence thereof, written notice of any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect; and (f) promptly upon determining that any Purchased Receivable designated as an Eligible Receivable on the applicable Daily Report or Settlement Statement was not an Eligible Receivable as of the date provided therefor, written notice of such determination.

Appears in 1 contract

Samples: Receivables Sale Agreement (Waste Management Inc /De/)

Furnishing Copies, Etc. Such Originator shall furnish Furnish to the Purchaser Company: (i) upon within two Business Days of the PurchaserCompany's request, a certificate of an Authorized Officer the chief financial officer of such Originator each Seller certifying, as of the date thereof, that no Purchase Termination Event referred to in Section 6.10(a) has occurred and is continuing and setting forth the computations used such Authorized Officer by the chief financial officer of such Originator the applicable Seller, in making such determination; ; (ii) as soon as possible and in any event within five days after promptly upon obtaining knowledge of the occurrence of any Purchase Termination Event or Incipient Purchase Termination Event, a statement of an Authorized Officer of such Originator written notice thereof setting forth details of such Purchase Termination Event or Incipient Purchase Termination Event and a statement of the chief financial officer of the applicable Seller, setting forth the action that such Originator Seller proposes to take or has taken with respect thereto; ; (iii) promptly after obtaining knowledge that a Receivable was, at the time of the Purchaser's purchase thereof, not an Eligible Receivable, notice thereof; (iv) on the Business Day following the request, a computer file or microfiche list containing a true and correct list of all Accounts, identified by account numbers and the outstanding balance of the Receivable in such Account; and (v) promptly following the Purchaser's request therefor, such other information, documents, records or reports with respect to the Purchased Receivables or the underlying Charge Account Agreements or the conditions or operations, financial or otherwise, of such Originatorthe applicable Seller, as the Purchaser Company may from time to time reasonably request; (iv) immediately after the occurrence thereof, written notice of any event of default or default under any other Purchase Document; (v) promptly upon the chief legal officer obtaining knowledge of (a) the institution of or nonfrivolous threat of any action, suit, proceeding, governmental investigation or arbitration against or affecting such Seller or (b) any material development in any such action, suit, proceeding, governmental investigation or arbitration, which, in either case, if adversely determined against such Seller, might materially adversely affect (a) the business, operations, property, assets or condition (financial or otherwise) of such Seller, (b) the validity or enforceability of, or the ability of such Seller to perform its obligations under, the Purchase Documents or (c) the validity, enforceability or priority of Liens created by the grant of a security interest in the Purchased Receivables by the Company to other Persons, written notice thereof; (vi) written notice of any other development that has resulted in, or could reasonably be anticipated to result in, a material adverse effect on (a) the business, operations, property, assets or financial condition of such Seller, (b) the validity or enforceability of, or the ability of such Seller to perform its obligations under, the Purchase Documents or (c) the validity, enforceability or priority of Liens created by the grant of a security interest in the Purchased Receivables to other Persons; and (vii) promptly upon determining that any Purchased Receivable designated as an Eligible Receivable on the applicable Weekly Report was an Ineligible Receivable as of the date provided therefor, written notice of such determination.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Burlington Industries Inc /De/)

Furnishing Copies, Etc. Such Originator Seller shall furnish to the Purchaser Company (i) upon the PurchaserCompany's request, a certificate of an Authorized a Responsible Officer with responsibilities over the finances of such Originator Seller certifying, as of the date thereof, that to such Responsible Officer's knowledge, no Purchase Termination Event has occurred and is continuing and setting forth the computations used by such Authorized Responsible Officer of such Originator in making such determination; (ii) as soon as possible and in any event within five days two Business Days after a Responsible Officer of such Seller becomes aware of the occurrence of any Purchase Termination Event or Incipient Potential Purchase Termination Event, a statement of an Authorized a Responsible Officer of such Originator Seller setting forth details in reasonable detail the particulars of such Purchase Termination Event or Incipient Potential Purchase Termination Event and the action that such Originator Seller proposes to take or has taken with respect thereto; (iii) promptly after obtaining knowledge that a Receivable was, at the time of the PurchaserCompany's purchase thereof, not an Eligible Receivable, notice thereof; (iv) on promptly after obtaining knowledge of any threatened action or proceeding affecting such Seller or its Subsidiaries before any court, governmental agency or arbitrator that may reasonably be expected to materially and adversely affect the Business Day following the request, a computer file or microfiche list containing a true and correct list enforceability of all Accounts, identified by account numbers this Agreement and the outstanding balance other Transaction Documents, notice of the Receivable in such Accountaction or proceeding; and (v) promptly following the PurchaserCompany's request therefor, such other information, documents, records or reports with respect to the Receivables or the underlying Charge Account Agreements related Contracts or the conditions or operations, financial or otherwise, of such OriginatorSeller, as the Purchaser Company may from time to time reasonably request.

Appears in 1 contract

Samples: Receivables Sale Agreement (United Stationers Supply Co)

Furnishing Copies, Etc. Such Originator USFC shall furnish to the Purchaser Company (i) upon the PurchaserCompany's request, a certificate of an Authorized a Responsible Officer with responsibilities over the finances of such Originator USFC certifying, as of the date thereof, that to such Responsible Officer's knowledge, no Purchase Termination Event has occurred and is continuing and setting forth the computations used by such Authorized Responsible Officer of such Originator in making such determination; (ii) as soon as possible and in any event within five days two Business Days after a Responsible Officer of USFC becomes aware of the occurrence of any Purchase Termination Event or Incipient Potential Purchase Termination Event, a statement of an Authorized a Responsible Officer of such Originator USFC setting forth details in reasonable detail the particulars of such Purchase Termination Event or Incipient Potential Purchase Termination Event and the action that such Originator USFC proposes to take or has taken with respect thereto; (iii) promptly after obtaining knowledge that a Receivable was, at the time of the PurchaserCompany's purchase thereof, not an Eligible Receivable, notice thereof; (iv) on promptly after obtaining knowledge of any threatened action or proceeding affecting USFC or its Subsidiaries before any court, governmental agency or arbitrator that may reasonably be expected to materially and adversely affect the Business Day following the request, a computer file or microfiche list containing a true and correct list enforceability of all Accounts, identified by account numbers this Agreement and the outstanding balance other Transaction Documents, notice of the Receivable in such Accountaction or proceeding; and (v) promptly following the PurchaserCompany's request therefor, such other information, documents, records or reports with respect to the Receivables or the underlying Charge Account Agreements related Contracts or the conditions or operations, financial or otherwise, of such OriginatorUSFC, as the Purchaser Company may from time to time reasonably request.

Appears in 1 contract

Samples: Receivables Sale Agreement (United Stationers Supply Co)

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Furnishing Copies, Etc. Such Originator Seller shall furnish to the Purchaser Company (i) upon the PurchaserCompany's request, a certificate of an Authorized Officer the chief financial officer of such Originator Seller certifying, as of the date thereof, that no Purchase Termination Event has occurred and is continuing and setting forth the computations used such Authorized Officer by the chief financial officer of such Originator Seller in making such determination; (ii) as soon as possible and in any event within five days two Business Days after a Responsible Officer of such Seller becomes aware of the occurrence of any Purchase Termination Event or Incipient Potential Purchase Termination Event, a statement of an Authorized a Responsible Officer of such Originator Seller setting forth details of such Purchase Termination Event or Incipient Potential Purchase Termination Event and the action that such Originator Seller proposes to take or has taken with respect thereto; (iii) promptly after obtaining knowledge that a Receivable was, at the time of the PurchaserCompany's purchase thereof, not an Eligible Receivable, notice thereof; (iv) on promptly after obtaining knowledge of any threatened action or proceeding affecting such Seller or its Subsidiaries before any court, governmental agency or arbitrator that may reasonably be expected to materially and adversely affect the Business Day following the request, a computer file or microfiche list containing a true and correct list enforceability of all Accounts, identified by account numbers this Agreement and the outstanding balance other Transaction Documents, notice of the Receivable in such Accountaction or proceeding; and (v) promptly following the PurchaserCompany's request therefor, such other information, documents, records or reports with respect to the Receivables or the underlying Charge Account Agreements related Contracts or the conditions or operations, financial or otherwise, of such OriginatorSeller, as the Purchaser Company may from time to time reasonably request.

Appears in 1 contract

Samples: Receivables Sale Agreement (Rykoff Sexton Inc)

Furnishing Copies, Etc. Such Originator shall furnish Furnish to the Purchaser and the Collateral Agent: (ia) upon within five Business Days of the Purchaser's request, a certificate of an Authorized Officer the chief financial officer of such Originator Seller certifying, as of the date thereof, to the best knowledge of such officer, that no Purchase Termination Event has occurred and is continuing and setting forth the computations used such Authorized Officer by the chief financial officer of such Originator Seller in making such determination; ; (iib) as soon as possible and in any event within five days after promptly upon obtaining knowledge of the occurrence of any Purchase Termination Event or Incipient Purchase Termination Event, written notice thereof; (c) promptly upon the chief legal officer of such Seller obtaining knowledge of (a) the institution of any action, suit, proceeding, governmental investigation or arbitration against or affecting such Seller or (b) any material development in any such action, suit, proceeding, governmental investigation or arbitration, in which, in either case, there is a statement reasonable likelihood of an Authorized Officer adverse decision which, in the reasonable judgment of such Originator setting forth details Seller, would have a Material Adverse Collateral Effect, written notice thereof; (d) written notice of any other development that has resulted in, or would be reasonably likely to have, a Material Adverse Collateral Effect; and (e) promptly upon determining that (i) any Purchased Inventory designated as Eligible Inventory on the applicable Sales and Valuation Report was not Eligible Inventory as of the date provided therefor or (ii) (A) any Purchased Inventory is not Eligible Inventory at any other subsequent date (other than by reason of the sale of such Purchase Termination Event or Incipient Purchase Termination Event and the action that Purchased Inventory to third parties, including Affiliates of such Originator proposes to take or has taken with respect thereto; (iiiSeller) promptly after obtaining knowledge that a Receivable was, at the time of the Purchaser's purchase thereof, not an Eligible Receivable, notice thereof; (iv) on the Business Day following the request, a computer file or microfiche list containing a true and correct list of all Accounts, identified by account numbers and the outstanding balance of the Receivable in such Account; and (vB) promptly following the Purchaser's request therefor, such other information, documents, records or reports with respect to the Receivables or the underlying Charge Account Agreements or the conditions or operations, financial or otherwise, ineligibility of such OriginatorPurchased Inventory would be reasonably likely to have a Material Adverse Collateral Effect, as the Purchaser may from time to time reasonably requestwritten notice of such determination.

Appears in 1 contract

Samples: Contribution and Sale Agreement (LTV Corp)

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