Notice of Seller Defaults. None of the Agents shall be deemed to have knowledge or notice of the occurrence of any Servicer Default or Potential Servicer Default unless such Agent has received notice from another Agent, a Purchaser, the Seller or the Servicer referring to this Agreement, stating that a Servicer Default or Potential Servicer Default has occurred hereunder and describing such Servicer Default or Potential Servicer Default. In the event that any of the Agents receives such a notice, it shall promptly give notice thereof to the Purchasers and the other Agents. The Administrative Agent shall take such action with respect to such Servicer Default or Potential Servicer Default as shall be directed by either of the Co-Agents provided that the Administrative Agent is indemnified to its satisfaction by such Co-Agent and the Committed Purchasers in its Group against any and all liability, cost and expense which may be incurred by it by reason of taking any such action.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Yellow Roadway Corp)
Notice of Seller Defaults. None of the Agents shall be deemed to have knowledge or notice of the occurrence of any Servicer Default or Potential Servicer Default unless such Agent has received notice from another Agent, a Purchaser, the Seller or the Servicer referring to this Agreement, stating that a Servicer Default or Potential Servicer Default has occurred hereunder and describing such Servicer Default or Potential Servicer Default. In the event that any of the Agents receives such a notice, it shall promptly give notice thereof to the Purchasers and the other Agents. The Administrative Agent shall take such action with respect to such Servicer Default or Potential Servicer Default as shall be directed by either any of the Co-Agents provided that the Administrative Agent is indemnified to its satisfaction by such Co-Agent and the Committed Purchasers in its Group against any and all liability, cost and expense which may be incurred by it by reason of taking any such action.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Yellow Roadway Corp)
Notice of Seller Defaults. None of the Agents shall be deemed to have knowledge or notice of the occurrence of any Servicer Default or Potential Servicer Default unless such Agent has received notice from another Agent, a Purchaser, the LC Issuer, the Seller or the Servicer referring to this Agreement, stating that a Servicer Default or Potential Servicer Default has occurred hereunder and describing such Servicer Default or Potential Servicer Default. In the event that any of the Agents receives such a notice, it shall promptly give notice thereof to the Purchasers Purchasers, the LC Issuer and the other Agents. The Administrative Agent shall take such action with respect to such Servicer Default or Potential Servicer Default as shall be directed by either any of the Co-Agents (other than the USFA Agent), provided that the Administrative Agent is indemnified to its satisfaction by such Co-Agent and and, if applicable, the Committed Purchasers in its Group against any and all liability, cost and expense which may be incurred by it by reason of taking any such actionaction and provided, further, that in no event shall the USFA Agent be entitled to instruct the Administrative Agent pursuant to this sentence.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Yellow Roadway Corp)
Notice of Seller Defaults. None of the Agents shall be deemed to have knowledge or notice of the occurrence of any Servicer Default or Potential Servicer Default unless such Agent has received notice from another Agent, a Purchaser, the LC Issuer, the Seller or the Servicer referring to this Agreement, stating that a Servicer Default or Potential Servicer Default has occurred hereunder and describing such Servicer Default or Potential Servicer Default. In the event that any of the Agents receives such a notice, it shall promptly give notice thereof to the Purchasers Purchasers, the LC Issuer and the other Agents. The Administrative Agent shall take such action with respect to such Servicer Default or Potential Servicer Default as shall be directed by either any of the Co-Agents (other than the YRCA Agent), provided that the Administrative Agent is indemnified to its satisfaction by such Co-Agent and and, if applicable, the Committed Purchasers in its Group against any and all liability, cost and expense which may be incurred by it by reason of taking any such actionaction and provided, further, that in no event shall the YRCA Agent be entitled to instruct the Administrative Agent pursuant to this sentence.
Appears in 1 contract