Information from NFC. So long as the Purchased Note remains outstanding, NFC will furnish to the Agent: (a) a copy of each certificate, opinion, report, statement, notice or other communication (other than investment instructions) furnished by or on behalf of NFC or the Seller to the Indenture Trustee under any Transaction Document, concurrently therewith, and promptly after receipt thereof, a copy of each notice, demand or other communication received by or on behalf of NFC or the Seller under any Transaction Document; (b) such other information (including financial information), documents, records or reports respecting the Trust, the Receivables, the Seller or, to the extent it relates to the origination of Receivables or the servicing of the Trust, NFC, as the Investors or Agent may from time to time reasonably request; (c) as soon as available and in any event within (i) 45 days after the end of each of the first three fiscal quarters of any fiscal year and (ii) 120 days after the end of the last fiscal quarter of any fiscal year, copies of the interim or annual, as applicable, financial statements of NFC, prepared in conformity with generally accepted accounting principles consistently applied; provided, however that NFC shall not be required to deliver its financial statements for the fiscal years ended October 31, 2005 and October 31, 2006, or for the fiscal quarters ended January 31, April 30 and July 31 of 2006, or for the fiscal quarters ended January 31 and April 30 of 2007, in each case, until the earliest of (1) July 31, 2007, (2) five (5) Business Days after the filing thereof with the Commission and (3) the date on which such financial statements are (or any of them is) required to be delivered pursuant to the Credit Agreement; and (d) as soon as possible and in any event within two Business Days after knowledge thereof by a Responsible Officer of NFC, notice of each Event of Default or event which with the giving of notice or the passage of time or both would constitute an Event of Default.
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Information from NFC. So long as the Purchased Note remains outstanding, NFC will furnish to the Agent:
(a) a copy of each certificate, opinion, report, statement, notice or other communication (other than investment instructions) furnished by or on behalf of NFC or the Seller to the Indenture Trustee under any Transaction Document, concurrently therewith, and promptly after receipt thereof, a copy of each notice, demand or other communication received by or on behalf of NFC or the Seller under any Transaction Document;
(b) such other information (including financial information), documents, records or reports respecting the Trust, the Receivables, the Seller or, to the extent it relates to the origination of Receivables or the servicing of the Trust, NFC, as the Investors or Agent may from time to time reasonably request;
(cI) except as provided in immediately succeeding clause (II), for periods after the Closing Date, as soon as available and in any event within (i) 45 days after the end of each of the first three fiscal quarters of any fiscal year and (ii) 120 days after the end of the last fiscal quarter of any fiscal year, copies of the interim or annual, as applicable, financial statements of NFC, prepared in conformity with generally accepted accounting principles consistently applied; provided, however that NFC shall not be required to deliver its financial statements for the fiscal years ended October 31, 2005 applied and October 31, 2006, (II) on or for the fiscal quarters ended January 31, April 30 and July 31 of 2006, or for the fiscal quarters ended January 31 and April 30 of 2007, in each case, until before the earliest of (1) July 31November 30, 20072008, (2) five (5) Business Days after the filing thereof with the Commission and (3) the date on which such financial statements are (or any of them is) required to be delivered pursuant to the Credit Agreement; and, copies of the interim or annual, as applicable, financial statements of NFC for (i) the fiscal year ended October 31, 2007, and (ii) the fiscal quarters ended January 31, April 30 and July 31 of 2008 (provided, that, NFC shall not be required to deliver the interim financial statements described in this clause (ii) to the extent that (x) the lenders party to the Credit Agreement have waived in writing the corresponding requirement set forth in the Credit Agreement and (ii) JPMorgan Chase, as a lender under the Credit Agreement, has affirmatively consented to any such waiver), in each case, prepared in conformity with generally accepted accounting principles consistently applied (except to the extent any such inconsistencies are described therein);
(d) as soon as possible and in any event within two Business Days after knowledge thereof by a Responsible Officer of NFC, notice of each Event of Default or event which with the giving of notice or the passage of time or both would constitute an Event of Default; and
(e) on or before the earlier of (1) November 30, 2008 and (2) the date on which such reports are required to be delivered pursuant to the Credit Agreement, a copy of agreed-upon procedures letters prepared by a firm of independent accountants, with respect to the fiscal years ended October 31, 2006 and October 31, 2007, relating to receivables serviced by NFC for others in accordance with the requirements of the Minimum Servicing Standards set forth in Exhibit A to the Servicing Agreement.
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Information from NFC. So long as the Purchased Note remains outstanding, NFC will furnish to the Agent:
(a) a copy of each certificate, opinion, report, statement, notice or other communication (other than investment instructions) furnished by or on behalf of NFC or the Seller to the Indenture Trustee under any Transaction Document, concurrently therewith, and promptly after receipt thereof, a copy of each notice, demand or other communication received by or on behalf of NFC or the Seller under any Transaction Document;
(b) such other information (including financial information), documents, records or reports respecting the Trust, the Receivables, the Seller or, to the extent it relates to the origination of Receivables or the servicing of the Trust, NFC, as the Investors or Agent may from time to time reasonably request;
(cI) except as provided in immediately succeeding clause (II), as soon as available and in any event within (i) 45 days after the end of each of the first three fiscal quarters of any fiscal year and (ii) 120 days after the end of the last fiscal quarter of any fiscal year, copies of the interim or annual, as applicable, financial statements of NFC, prepared in conformity with generally accepted accounting principles consistently applied; providedapplied (and, however that NFC shall not be required to deliver its solely in the case of the financial statements for the fiscal years ended October 31described in clause (ii), 2005 above, prepared by a nationally recognized independent accounting firm) and October 31, 2006, (II) on or for the fiscal quarters ended January 31, April 30 and July 31 of 2006, or for the fiscal quarters ended January 31 and April 30 of 2007, in each case, until before the earliest of (1) July 31November 30, 20072008, (2) five (5) Business Days after the filing thereof with the Commission and (3) the date on which such financial statements are (or any of them is) required to be delivered pursuant to the Credit Agreement, copies of the interim or annual, as applicable, financial statements of NFC for the fiscal years ended October 31, 2005, October 31, 2006 and October 31, 2007, for the fiscal quarters ended January 31, April 30 and July 31 of 2006, the fiscal quarters ended January 31, April 30 and July 31 of 2007 and the fiscal quarters ended January 31, April 30 and July 31 of 2008, in each case, prepared in conformity with generally accepted accounting principles consistently applied; and
(d) as soon as possible and in any event within two Business Days after knowledge thereof by a Responsible Officer of NFC, notice of each Event of Default or event which with the giving of notice or the passage of time or both would constitute an Event of Default.
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Information from NFC. So long as the Purchased Note remains outstanding, NFC will furnish to the Agent:
(a) a copy of each certificate, opinion, report, statement, notice or other communication (other than investment instructions) furnished by or on behalf of NFC or the Seller to the Indenture Trustee under any Transaction Basic Document, concurrently therewith, and promptly after receipt thereof, a copy of each notice, demand or other communication received by or on behalf of NFC or the Seller under any Transaction Basic Document;
(b) as soon as reasonably possible following a request therefor, such other information (including financial information), documents, records or reports respecting the Trust, the Receivables, the Seller or, to the extent it relates to the origination of Receivables or the servicing of the Trust, NFC, as the Investors or Agent may from time to time reasonably request;
(cI) except as provided in immediately succeeding clause (II), for periods after the Closing Date, as soon as available and in any event within (i) 45 days after the end of each of the first three fiscal quarters of any fiscal year and (ii) 120 105 days after the end of the last fiscal quarter of any fiscal year, copies of the interim or annual, as applicable, financial statements of NFC, prepared in conformity with generally accepted accounting principles consistently applied; providedapplied (and, however that NFC shall not be required to deliver its solely in the case of the financial statements for the fiscal years ended October 31described in clause (ii), 2005 above, prepared by a nationally recognized independent accounting firm) and October 31, 2006, (II) on or for the fiscal quarters ended January 31, April 30 and July 31 of 2006, or for the fiscal quarters ended January 31 and April 30 of 2007, in each case, until before the earliest of (1) July 31November 30, 20072008, (2) five (5) Business Days after the filing thereof with the Commission and (3) the date on which such financial statements are (or any of them is) required to be delivered pursuant to the Credit Agreement; and, copies of the interim financial statements of NFC for the fiscal quarter ended July 31 of 2008 (provided, that, NFC shall not be required to deliver the interim financial statements described in this clause (ii) to the extent that (x) the lenders party to the Credit Agreement have waived in writing the corresponding requirement set forth in the Credit Agreement and (ii) Credit Suisse, as a lender under the Credit Agreement, has affirmatively consented to any such waiver), in each case, prepared in conformity with generally accepted accounting principles consistently applied (except to the extent such inconsistencies are described therein);
(d) as soon as possible and in any event within two Business Days (or, with respect to a Servicer Default, within five Business Days) after knowledge thereof by a Responsible Officer of NFC, notice of each Event of Default or Servicer Default or event which with the giving of notice or the passage of time or both would constitute an Event of Default or a Servicer Default; and
(e) on or before the earlier of (1) November 30, 2008 and (2) the date on which such reports are required to be delivered pursuant to the Credit Agreement, a copy of agreed-upon procedures letters prepared by a firm of independent accountants, with respect to the fiscal years ended October 31, 2006 and October 31, 2007, relating to receivables serviced by NFC for others in accordance with the requirements of the Minimum Servicing Standards set forth in Exhibit A to the Servicing Agreement.
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Information from NFC. So long as the Purchased Note remains outstanding, NFC will furnish to the Agent:
(a) a copy of each certificate, opinion, report, statement, notice or other communication (other than investment instructions) furnished by or on behalf of NFC or the Seller to the Indenture Trustee under any Transaction Document, concurrently therewith, and promptly after receipt thereof, a copy of each notice, demand or other communication received by or on behalf of NFC or the Seller under any Transaction Document;
(b) such other information (including financial information), documents, records or reports respecting the Trust, the Receivables, the Seller or, to the extent it relates to the origination of Receivables or the servicing of the Trust, NFC, as the Investors or Agent may from time to time reasonably request;
(c) (I) except as provided in immediately succeeding clause (II), as soon as available and in any event within (i) 45 days after the end of each of the first three fiscal quarters of any fiscal year and (ii) 120 days after the end of the last fiscal quarter of any fiscal year, copies of the interim or annual, as applicable, financial statements of NFC, prepared in conformity with generally accepted accounting principles consistently applied; provided, however that NFC shall not be required to deliver its financial statements for the fiscal years ended October 31, 2005 applied and October 31, 2006, (II) on or for the fiscal quarters ended January 31, April 30 and July 31 of 2006, or for the fiscal quarters ended January 31 and April 30 of 2007, in each case, until before the earliest of (1) July October 31, 2007, (2) five (5) Business Days after the filing thereof with the Commission and (3) the date on which such financial statements are (or any of them is) required to be delivered pursuant to the Credit Agreement, copies of the interim or annual, as applicable, financial statements of NFC for the fiscal years ended October 31, 2005 and October 31, 2006, for the fiscal quarters ended January 31, April 30 and July 31 of 2006, and for the fiscal quarters ended January 31, April 30 and July 31 of 2007, in each case, prepared in conformity with generally accepted accounting principles consistently applied; and
(d) as soon as possible and in any event within two Business Days after knowledge thereof by a Responsible Officer of NFC, notice of each Event of Default or event which with the giving of notice or the passage of time or both would constitute an Event of Default.
Appears in 1 contract
Information from NFC. So long as the Purchased Note remains outstanding, NFC will furnish to the Agent:
(a) a copy of each certificate, opinion, report, statement, notice or other communication (other than investment instructions) furnished by or on behalf of NFC or the Seller to the Indenture Trustee under any Transaction Document, concurrently therewith, and promptly after receipt thereof, a copy of each notice, demand or other communication received by or on behalf of NFC or the Seller under any Transaction Document;
(b) such other information (including financial information), documents, records or reports respecting the Trust, the Receivables, the Seller or, to the extent it relates to the origination of Receivables or the servicing of the Trust, NFC, as the Investors or Agent may from time to time reasonably request;
(cI) except as provided in immediately succeeding clause (II), as soon as available and in any event within (i) 45 days after the end of each of the first three fiscal quarters of any fiscal year and (ii) 120 days after the end of the last fiscal quarter of any fiscal year, copies of the interim or annual, as applicable, financial statements of NFC, prepared in conformity with generally accepted accounting principles consistently applied; provided, however that NFC shall not be required to deliver its financial statements for the fiscal years ended October 31, 2005 applied and October 31, 2006, (II) on or for the fiscal quarters ended January 31, April 30 and July 31 of 2006, or for the fiscal quarters ended January 31 and April 30 of 2007, in each case, until before the earliest of (1) July October 31, 2007, (2) five (5) Business Days after the filing thereof with the Commission and (3) the date on which such financial statements are (or any of them is) required to be delivered pursuant to the Credit Agreement, copies of the interim or annual, as applicable, financial statements of NFC for the fiscal years ended October 31, 2005 and October 31, 2006, for the fiscal quarters ended January 31, April 30 and July 31 of 2006, and for the fiscal quarters ended January 31, April 30 and July 31 of 2007, in each case, prepared in conformity with generally accepted accounting principles consistently applied; and
(d) as soon as possible and in any event within two Business Days after knowledge thereof by a Responsible Officer of NFC, notice of each Event of Default or event which with the giving of notice or the passage of time or both would constitute an Event of Default.
Appears in 1 contract
