Common use of No Facility Termination Event, etc Clause in Contracts

No Facility Termination Event, etc. Each of the Transaction Documents shall be in full force and effect and (i) no Facility Termination Event or Unmatured Facility Termination Event has occurred and is continuing or will result from the making of such Advance, (ii) the representations and warranties of the Borrower, UPFC, the Servicer and the Seller contained herein are true and correct as of the date of such requested Advance, with the same effect as though made on the date of (and after giving effect to) such Advance, (iii) after giving effect to such Advance, the aggregate outstanding principal balance of the Advances hereunder will not exceed the lesser of the Facility Limit and the Initial Borrowing Base and (iv) the Backup Servicer shall not have been appointed as successor Servicer;

Appears in 1 contract

Samples: Receivables Financing Agreement (United Pan Am Financial Corp)

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No Facility Termination Event, etc. Each of the Transaction Documents shall be in full force and effect and (i) no No Facility Termination Event or Unmatured Facility Termination Event has occurred and is continuing or will result from the making of such Advance, (ii) the representations and warranties of the Borrower, UPFC, Borrower contained in ARTICLE X and the Servicer and the Seller contained herein in SECTION 8.6(b) are true and correct as of the date of such requested Advance, with the same effect as though made on the date of (and after giving effect to) such Advance, and (iii) after giving effect to such Advance, the aggregate outstanding principal balance of the Advances hereunder will not exceed the lesser of the Facility Limit and the Initial Borrowing Base and (iv) the Backup Servicer shall not have been appointed as successor ServicerBase;

Appears in 1 contract

Samples: Receivables Financing Agreement (Arcadia Financial LTD)

No Facility Termination Event, etc. Each of the Transaction Documents shall be in full force and effect and (i) no Facility Termination Event or Unmatured Facility Termination Event has occurred and is continuing or will result from the making of such Advance, (ii) the representations and warranties of the Borrower, UPFC, Borrower contained in Article X and the Servicer and the Seller Sellers --------- contained herein in Section 8.6(b) are true and correct as of the date of such -------------- requested Advance, with the same effect as though made on the date of (and after giving effect to) such Advance, and (iii) after giving effect to such Advance, the aggregate outstanding principal balance of the Advances hereunder will not exceed the lesser of the Facility Limit and the Initial Borrowing Base and (iv) the Backup Servicer shall not have been appointed as successor ServicerBase;

Appears in 1 contract

Samples: Receivables Financing Agreement (Americredit Financial Services of Canada LTD)

No Facility Termination Event, etc. Each of the Transaction Documents shall be in full force and effect and (i) no Facility Termination Event or Unmatured Facility Termination Event has occurred and is continuing or will result from the making of such Advance, (ii) the representations and warranties of the Borrower, UPFC, Borrower contained in Article X and the Servicer and the Seller contained herein in Section 8.6(b) are true and correct as of the date of such requested Advance, with the same effect as though made on the date of (and after giving effect to) such Advance, and (iii) after giving effect to such Advance, the aggregate outstanding principal balance of the Advances hereunder will not exceed the lesser of the Facility Limit and the Initial Borrowing Base and (iv) the Backup Servicer shall not have been appointed as successor ServicerBase;

Appears in 1 contract

Samples: Receivables Financing Agreement (MFN Financial Corp)

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No Facility Termination Event, etc. Each of the Transaction Documents shall be in full force and effect and (i) no Facility Termination Event or Unmatured Facility Termination Event has occurred and is continuing or will result from the making of such Advance, (ii) the representations and warranties of the Borrower, UPFC, Borrower contained in Article X and the Servicer and the Seller contained herein in Section 8.6(b) are true and correct as of the date of such requested Advance, with the same effect as though made on the date of (and after giving effect to) such Advance, and (iii) after giving effect to such Advance, the aggregate outstanding principal balance of the Advances hereunder will not exceed the lesser of the Facility Limit and the Initial Borrowing Base and (iv) the Backup Servicer shall not have been appointed as successor ServicerBase;

Appears in 1 contract

Samples: Receivables Financing Agreement (Firstcity Financial Corp)

No Facility Termination Event, etc. Each of the Transaction Documents shall be in full force and effect and (i) no Facility Termination Event or Unmatured Facility Termination Event has occurred and is continuing or will result from the making of such Advance, (ii) the representations and warranties of the Borrower, UPFC, the Servicer and the Seller Sellers contained herein are true and correct as of the date of such requested Advance, with the same effect as though made on the date of (and after giving effect to) such Advance, (iii) after giving effect to such Advance, the aggregate outstanding principal balance of the Advances hereunder will not exceed the lesser of the Facility Limit and the Initial Borrowing Base and (iv) the Backup Servicer shall not have been appointed as successor Servicer;

Appears in 1 contract

Samples: Receivables Financing Agreement (United Pan Am Financial Corp)

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