Common use of Notice of Breach; Reliance Clause in Contracts

Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.02 shall survive the transfer and assignment by RPA Seller of the Receivables to Purchaser and the transfer and assignment by Purchaser of the Receivables to the Receivables Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties by RPA Seller set forth in this Section 4.02, the party discovering such breach shall give prompt written notice to the other, to the Receivables Trust Trustee and to each Enhancement Provider, if any, entitled thereto pursuant to the relevant Supplement. RPA Seller hereby acknowledges that Purchaser intends to rely on the representations hereunder in connection with representations made by Purchaser to secured parties, assignees or subsequent transferees, including transfers made by Purchaser to the Certificate Trust pursuant to the Pooling and Servicing Agreement and to the Note Trust pursuant to the Transfer and Servicing Agreement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust Trustee in attempting to cure any such breach.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (First Bankcard Master Credit Card Trust), Receivables Purchase Agreement (First Bankcard Master Credit Card Trust)

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Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.02 4.01 shall survive the transfer and assignment by RPA Seller of the Receivables to Purchaser and the transfer and assignment by Purchaser of the Receivables to the Receivables Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties by RPA Seller set forth in this Section 4.024.01, the party discovering such breach shall give prompt written notice to the other, to the Receivables Trust Indenture Trustee and to each Enhancement Provider, if any, entitled thereto pursuant to the relevant Indenture Supplement. RPA Seller agrees to cooperate with Purchaser, Servicer and Indenture Trustee in RPA Seller’s efforts to cure any such breach. RPA Seller hereby acknowledges that Purchaser intends to rely on the representations hereunder in connection with representations made by Purchaser to secured parties, assignees or subsequent transferees, including transfers made by Purchaser to the Certificate Trust pursuant to the Pooling and Servicing Agreement and to the Note Trust pursuant to the Transfer and Servicing Agreement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust Trustee in attempting to cure any such breach.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (First National Funding LLC), Receivables Purchase Agreement (First National Funding LLC)

Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.02 SECTION 4.2 shall survive the transfer and assignment by RPA Seller of the Receivables to Purchaser and the transfer and assignment by Purchaser of the Receivables to the Receivables Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties by RPA Seller set forth in this Section 4.02SECTION 4.2, the party discovering such breach shall give prompt written notice to the other, to the Receivables Trust Trustee other and to each Enhancement Provider, if any, entitled thereto pursuant to the relevant Supplement. RPA Seller hereby acknowledges that Purchaser intends to rely on the representations hereunder in connection with representations made by Purchaser to secured parties, assignees or subsequent transferees, including transfers made by Purchaser to the Certificate Trust pursuant to the Pooling and Servicing Agreement and to the Note Trust pursuant to the Transfer and Servicing Agreement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust Trustee in attempting to cure any such breach.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (World Financial Network Credit Card Master Trust), Receivables Purchase Agreement (World Financial Network Credit Card Master Trust)

Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.02 shall survive the transfer and assignment by RPA Seller of the Receivables to Purchaser and the transfer and assignment by Purchaser of the Receivables to the Receivables Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties by RPA Seller set forth in this Section 4.02, the party discovering such breach shall give prompt written notice to the other, to the Receivables Trust Indenture Trustee and to each Enhancement Provider, if any, entitled thereto pursuant to the relevant Indenture Supplement. RPA Seller hereby acknowledges that Purchaser intends to rely on the representations hereunder in connection with representations made by Purchaser to secured parties, assignees or subsequent transferees, including transfers made by Purchaser to the Certificate Trust pursuant to the Pooling and Servicing Agreement and to the Note Trust pursuant to the Transfer and Servicing Agreement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust Indenture Trustee in attempting RPA Seller’s efforts to cure any such breach.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (First National Funding LLC), Receivables Purchase Agreement (First National Funding LLC)

Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.02 4.01 shall survive the transfer and assignment by RPA Seller of the Receivables to Purchaser and the transfer and assignment by Purchaser of the Receivables to the Receivables Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties by RPA Seller set forth in this Section 4.024.01, the party discovering such breach shall give prompt written notice to the other, to the Receivables Trust Trustee and to each Enhancement Provider, if any, entitled thereto pursuant to the relevant Supplement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust Trustee in attempting to cure any such breach. RPA Seller hereby acknowledges that Purchaser intends to rely on the representations hereunder in connection with representations made by Purchaser to secured parties, assignees or subsequent transferees, including transfers made by Purchaser to the Certificate Trust pursuant to the Pooling and Servicing Agreement and to the Note Trust pursuant to the Transfer and Servicing Agreement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust Trustee in attempting to cure any such breach.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (First Bankcard Master Credit Card Trust), Receivables Purchase Agreement (First Bankcard Master Credit Card Trust)

Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.02 SECTION 4.1 shall survive the transfer and assignment by RPA Seller of the Receivables to Purchaser and the transfer and assignment by Purchaser of the Receivables to the Receivables Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties by RPA Seller set forth in this Section 4.02SECTION 4.1, the party discovering such breach shall give prompt written notice to the other, to the Receivables Trust Trustee other and to each Enhancement Provider, if any, entitled thereto pursuant to the relevant Supplement. RPA Seller hereby acknowledges that Purchaser intends to rely on the representations hereunder in connection with representations made by Purchaser to secured parties, assignees or subsequent transferees, including transfers made by Purchaser to the Certificate Trust pursuant to the Pooling and Servicing Agreement and to the Note Trust pursuant to the Transfer and Servicing Agreement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust Trustee in attempting to cure any such breach.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (World Financial Network Credit Card Master Trust), Receivables Purchase Agreement (World Financial Network Credit Card Master Trust)

Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.02 4.1 shall survive the transfer and assignment by RPA Seller of the Receivables to Purchaser and the transfer and assignment by Purchaser of the Receivables to the Receivables Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties by RPA Seller set forth in this Section 4.024.1, the party discovering such breach shall give prompt written notice to the other, to the Receivables Trust Trustee other and to each Enhancement Provider, if any, entitled thereto pursuant to the relevant Indenture Supplement. RPA Seller hereby acknowledges that Purchaser intends to rely on the representations hereunder in connection with representations made by Purchaser Xxxxxxxxx to secured parties, assignees or subsequent transferees, including transfers made by Purchaser to the Certificate Trust pursuant to the Pooling and Servicing Agreement and to the Note Trust pursuant to the Transfer and Servicing Agreement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust the Indenture Trustee in attempting to cure any such breach.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Bread Financial Holdings, Inc.)

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Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.02 4.2 shall survive the transfer and assignment by RPA Seller of the Receivables to Purchaser and the transfer and assignment by Purchaser of the Receivables to the Receivables Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties by RPA Seller set forth in this Section 4.024.2, the party discovering such breach shall give prompt written notice to the other, to the Receivables Trust Trustee other and to each Enhancement Provider, if any, entitled thereto pursuant to the relevant Supplement. RPA Seller hereby acknowledges that Purchaser intends to rely on the representations hereunder in connection with representations made by Purchaser to secured parties, assignees or subsequent transferees, including transfers made by Purchaser to the Certificate Trust pursuant to the Pooling and Servicing Agreement and to the Note Trust pursuant to the Transfer and Servicing Agreement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust Trustee in attempting to cure any such breach.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Alliance Data Systems Corp)

Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.02 4.01 shall survive the transfer and assignment by RPA Seller of the Receivables to Purchaser and the transfer and assignment by Purchaser of the Receivables to the Receivables Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties by RPA Seller set forth in this Section 4.024.01, the party discovering such breach shall give prompt written notice to the other, to the Receivables Trust Indenture Trustee and to each Enhancement Provider, if any, entitled thereto pursuant to the relevant Indenture Supplement. RPA Seller agrees to cooperate with Purchaser, Servicer and Indenture Trustee in attempting to cure any such breach. RPA Seller hereby acknowledges that Purchaser intends to rely on the representations hereunder in connection with representations made by Purchaser to secured parties, assignees or subsequent transferees, including transfers made by Purchaser to the Certificate Trust pursuant to the Pooling and Servicing Agreement and to the Note Trust pursuant to the Transfer and Servicing Agreement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust Trustee in attempting to cure any such breach.

Appears in 1 contract

Samples: Receivables Purchase Agreement (First National Master Note Trust)

Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.02 shall survive the transfer and assignment by RPA Seller of the Receivables to Purchaser and the transfer and assignment by Purchaser of the Receivables to the Receivables Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties by RPA Seller set forth in this Section 4.02, the party discovering such breach shall give prompt written notice to the other, to the Receivables Trust Indenture Trustee and to each Enhancement Provider, if any, entitled thereto pursuant to the relevant Indenture Supplement. RPA Seller hereby acknowledges that Purchaser intends to rely on the representations hereunder in connection with representations made by Purchaser to secured parties, assignees or subsequent transferees, including transfers made by Purchaser to the Certificate Trust pursuant to the Pooling and Servicing Agreement and to the Note Trust pursuant to the Transfer and Servicing Agreement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust Indenture Trustee in attempting to cure any such breach.

Appears in 1 contract

Samples: Receivables Purchase Agreement (First National Master Note Trust)

Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.02 4.1 shall survive the transfer and assignment by RPA Seller of the Receivables to Purchaser and the transfer and assignment by Purchaser of the Receivables to the Receivables Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties by RPA Seller set forth in this Section 4.024.1, the party discovering such breach shall give prompt written notice to the other, to the Receivables Trust Trustee other and to each Enhancement Provider, if any, entitled thereto pursuant to the relevant Indenture Supplement. RPA Seller hereby acknowledges that Purchaser intends to rely on the representations hereunder in connection with representations made by Purchaser to secured parties, assignees or subsequent transferees, including transfers made by Purchaser to the Certificate Trust pursuant to the Pooling and Servicing Agreement and to the Note Trust pursuant to the Transfer and Servicing Agreement. RPA Seller agrees to cooperate with Purchaser, Servicer and Receivables Trust the Indenture Trustee in attempting to cure any such breach.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Alliance Data Systems Corp)

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