No Defenses or Waivers. As of the Purchase Date with respect to each Contract: (i) the Contract is not subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury; (ii) the operation of any of the terms of the Contract or the exercise of any right thereunder will not render the Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury; (iii) no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto; and (iv) the terms of the Contract have not been waived, altered or modified in any respect, except by instruments or documents identified in the exhibits to the relevant Assignment.
Appears in 2 contracts
Samples: Contract Purchase Agreement (Patterson Dental Co), Contract Purchase Agreement (Patterson Dental Co)
No Defenses or Waivers. As of the Purchase Date with respect to each ContractContract transferred by such Originator: (i) the Contract is not subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury; (ii) the operation of any of the terms of the Contract or the exercise of any right thereunder will not render the Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury; (iii) no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto; and (iv) the terms of the Contract have not been waived, altered or modified in any respect, except by instruments or documents identified in the exhibits to the relevant AssignmentPurchaser.
Appears in 1 contract
Samples: Receivables Sale Agreement (Patterson Companies, Inc.)
No Defenses or Waivers. As of the Purchase Date with respect to each Buyer Contract: (i) the Contract is not subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury; (ii) the operation of any of the terms of the Contract or the exercise of any right thereunder will not render the Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury; (iii) no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto; and (iv) the terms of the Contract have not been waived, altered or modified in any respect, except by instruments or documents identified in the exhibits to the relevant AssignmentAgent and Buyers.
Appears in 1 contract
Samples: Contract Purchase Agreement (Patterson Companies, Inc.)