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 4.01 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 Certificate Trust. Upon discovery by RPA Seller or Purchaser of a breach of any of the representations and warranties set forth in this Section 4.01, the party discovering such breach shall give prompt written notice to the other, to the Trustee and to each Credit Enhancement Provider, if any, entitled thereto pursuant to the relevant Supplement. RPA Seller agrees to cooperate with Purchaser, Servicer and 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.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Cabela's Master Credit Card Trust), Receivables Purchase Agreement (Cabela's Master Credit Card Trust), Receivables Purchase Agreement (Cabela's Credit Card Master Note Trust)

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Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.01 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 Certificate 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 4.014.02, the party discovering such breach shall give prompt written notice to the other, to the Trustee and to each Credit Enhancement Provider, if any, entitled thereto pursuant to the relevant Supplement. RPA Seller agrees to cooperate with Purchaser, Servicer and 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. RPA Seller agrees to cooperate with Purchaser, Servicer and Trustee in attempting to cure any such breach.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Cabela's Master Credit Card Trust), Receivables Purchase Agreement (Cabela's Master Credit Card Trust), Receivables Purchase Agreement (Cabela's Credit Card Master Note Trust)

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Notice of Breach; Reliance. The representations and warranties of RPA Seller set forth in this Section 4.01 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 Certificate 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 4.014.1, the party discovering such breach shall give prompt written notice to the other, to the Trustee other and to each Credit Enhancement Provider, if any, entitled thereto pursuant to the relevant Supplement. RPA Seller agrees to cooperate with Purchaser, Servicer and 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. RPA Seller agrees to cooperate with Purchaser, Servicer and Trustee in attempting to cure any such breach.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Alliance Data Systems Corp)

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