Missing Documents. The Asset Representations Reviewer shall complete the Asset Representations Review of each Reviewable Receivable only using documentation that is made available by or on behalf of the Sponsor. Upon receipt of the Required Documents, the Asset Representations Reviewer shall complete an initial document inventory to verify there are no systemic documentation errors, including but not limited to consistently missing or incomplete information in each Reviewable Receivable’s file, even though there may still be instances where certain pieces of information for an individual Reviewable Receivable are missing or incomplete. Once the Asset Representations Reviewer has confirmed that a sufficient number of the Required Documents is available to conduct its review, it shall commence the Services. In instances where a Required Document is not accessible or is clearly unidentifiable or illegible, the Asset Representations Reviewer shall request that the Sponsor provide an updated copy of such Required Document. The Sponsor must provide, or cause to be provided, any missing document to the Asset Representations Reviewer within fifteen (15) days of notification of the Sponsor by the Asset Representations Reviewer that such document is missing. In the event a missing document is not provided within such timeframe, the Asset Representations Reviewer file review staff shall categorize the results of the related Test as “Unsatisfied Test – Missing Required Documents” (as defined below) and note that such documentation is missing.
Missing Documents. [Reviewer] will complete the Asset Representations Review of each Account and Receivable only using documentation or information that is made available by or on behalf of Client. Upon receipt of the Required Documents, [Reviewer] will complete an initial document inventory to verify there are no systemic documentation errors, including but not limited to consistently missing or incomplete information in each Dealer file even though there may still be instances where certain pieces of information for an individual Account or Receivable are missing or incomplete. Once [Reviewer] has confirmed that a sufficient number of the Required Documents is available to conduct its review, it will commence the Services. In instances where a Required Document is not accessible, clearly unidentifiable or illegible, [Reviewer] will request that Client or Sponsor provide an updated copy of such Required Document. Client must provide, or cause to be provided, missing documents to [Reviewer] within [fifteen (15)] days of notification by [Reviewer]. In the event a missing document is not provided within such timeframe, [Reviewer] file review staff will categorize the results of the Testing as ‘Unsatisfied Test – Missing Required Documents” and note that such documentation is missing.
Missing Documents. (a) Following the date hereof, the Seller shall deliver to the Purchaser, as soon as reasonably practicable, (a) all Transferred Contracts listed on Schedule 2.1(a)(i) entered into on or following July 3, 2017 and (b) all Contracts identified by the Seller after the execution of this Agreement that are between the Seller and a third-party Person which exclusively relates to an obligation of the Seller to provide any APM Offering, including the delivery of related professional services, that were entered into on or following July 3, 2017 and was not listed on Schedule 2.1(a)(i), including all statements of work under such Contracts to the extent (i) not provided by the Seller prior to the date hereof and (ii) outstanding obligations exist under such Contracts. Upon delivery to the Purchaser of such Contracts under subclause (b) of the preceding sentence, such Contracts shall be deemed to be Transferred Contracts for all purposes under this Agreement. On the Closing Date, the list of Transferred Contracts set forth on Schedule 2.1(a)(i) shall be revised and replaced by Seller to reflect any new Contracts to be added to the Transferred Contracts pursuant to this Section 5.9 unless such Contracts are earlier terminated.
(b) Following the date hereof, the Seller shall grant the Purchaser reasonable access to each In-Scope Employee as part of the communication and transition plan in connection with the assignment of the Transferred Contracts under this Agreement; provided that the Purchaser shall, with respect to the initial contact with each In-Scope Employee only, provide the Seller with the opportunity to review and participate in any such communication.
Missing Documents. A. HUD shall have no obligation to deliver to Purchaser any Mortgage Loan Documents, Servicing Files or Project Information other than those that are sent to or retrieved by Purchaser pursuant to Section 5.01 and 5.
Missing Documents. The parties acknowledge that there are certain instruments which are missing in original form as set forth on Exhibit B attached hereto and incorporated herein by reference ("Missing Documents"). The Seller and Amico agree to locate and deliver to the Purchaser an original of each Missing Document within sixty (60) days from the date hereof.
Missing Documents. (a) Purchaser will not have any obligation to deliver to Seller any Loan Files (or part thereof) that are lost, missing or otherwise not in the possession of either the Purchaser or any Servicer. Without restricting or limiting the generality of the foregoing, Seller acknowledges and agrees that Purchaser will have no obligation to secure or obtain any assignment that predates the assignment of any Loan to Purchaser that is not contained in the Loan Files. Seller will have the sole responsibility for and expense of securing any intervening assignment that may be missing from the Loan Files from the appropriate source. The failure of either Purchaser or any Servicer to deliver any Loan Files (including, without limitation, any intervening assignments other than assignments to Purchaser), any other contents of the Loan Files that are lost, missing or otherwise not in the possession of either Purchaser or any Servicer, will not affect Seller’s obligations under this Agreement.
(b) In the event that any note or other Loan Document is lost, missing or otherwise not in the possession of either Purchaser or any Servicer, Purchaser may elect either to provide an executed assignment and lost instrument affidavit to Seller or require Seller to execute the same on behalf of Purchaser pursuant to the limited power of attorney contained in the Security Agreement.
(c) Seller will have the sole responsibility to obtain any of the Loan Documents in the possession of any attorneys, collection agencies or foreclosing trustees. ASSET PURCHASE AGREEMENT – PAGE 12
(d) Seller acknowledges that Purchaser might not have access to information from prior holders or servicers of a Loan (other than Servicers) and that Purchaser has not requested and will have no obligation to request any information not in the possession of either Purchaser or any Servicer from any prior holder or servicer of a Loan (other than any Servicer). Seller agrees that Purchaser will not be required pursuant to the terms of this Agreement (or otherwise) to request any information not in the possession of either Purchaser or any Servicer from any prior holder or servicer of a Loan (other than any Servicer).
Missing Documents. 15.1 An amount of EUR 250,000 exclusive of VAT from the total Outstanding Works escrow amount in Clause 14.2 is allocated as a security for the delivery by the Seller to the Purchaser of the documents which are listed on the List of hand-over documents (Annex 14) but not available on the Completion Date.
15.2 The Seller will provide these documents within the period set for this in the Outstanding Works List. If the Seller has not provided these documents within the aforementioned period, the Purchaser will issue a notice of default to the Seller allowing the Seller to provide the missing documents within two (2) weeks after the date of such notice of default. If the Seller then still has not provided all the missing documents, the Purchaser is entitled to claim an amount equal to the costs of producing the missing documents from the EUR 250,000 exclusive of VAT allocated under the Outstanding Works escrow. Insofar as the amount is not sufficient, the Purchaser will be entitled to recover the additional costs from the Seller.
Missing Documents. The Buyer shall not be entitled to make any enquiry, requisition or objection about any document which the Seller’s Solicitors have disclosed to the Buyer’s Solicitors in writing on or before the date of this Agreement as not being in the Seller’s possession. The Buyer shall not require the Seller to obtain an examined or certified copy of any such document and Commercial Condition 4.5.5 shall not apply.
Missing Documents. (a) The Seller will, prior to Completion, use all reasonable endeavours to obtain a copy of each of the documents listed as a “Missing Document” in column 2 of the table in the attachment to the Disclosure Letter.
(b) Before Completion, the Seller will deliver to the Buyer copies of any such missing documents which the Seller was reasonably able to obtain.
(c) If the Seller has been unable to obtain a copy of any document referred to in clause 5.11 (a) it will, prior to Completion, provide evidence to the Buyer demonstrating that absence of the document will not have any materially adverse affect on the interests of the Buyer.
Missing Documents. There follows a list of documents which, based on the contents of the data room for Project Xxx, appear to HBT to be missing from the data room and which appear to HBT to be material in the context of the share sales, Please note:
