Common use of Purchase and Sale Termination Events Clause in Contracts

Purchase and Sale Termination Events. Each of the following events or occurrences described in this Section 8.1 shall constitute a “Purchase and Sale Termination Event” (each event which with notice or the passage of time or both would become a Purchase and Sale Termination Event being referred to herein as an “Unmatured Purchase and Sale Termination Event”): (a) the Termination Date shall have occurred; (b) any Originator shall fail to make when due any payment or deposit to be made by it under this Agreement or any other Transaction Document to which it is a party and such failure shall continue unremedied for two (2) Business Days; (c) any representation or warranty made or deemed to be made by any Originator (or any of its officers) under or in connection with this Agreement, any other Transaction Document to which it is a party or any information or report delivered by an Originator pursuant hereto or thereto shall prove to have been incorrect or untrue in any material respect (or if already qualified by materiality or Material Adverse Effect, in all respects) when made or deemed made or delivered; or (d) any Originator shall fail to perform or observe any term, covenant or agreement under this Agreement or any other Transaction Document to which it is a party to be performed or observed by such Originator (other than any such failure which would constitute a Purchase and Sale Termination Event under clause (a) or (b) of this Section 8.1), and such failure, solely to the extent capable of cure, shall continue for ten (10) Business Days.

Purchase and Sale Termination Events. Each of the following events or occurrences described in this Section 8.1 shall constitute a “"Purchase and Sale Termination Event” (each event which with notice or the passage of time or both would become a Purchase and Sale Termination Event being referred to herein as an “Unmatured Purchase and Sale Termination Event”):": (a) the The Commitment Termination Date shall have occurred;; or (b) any Originator shall fail to make when due any payment or deposit to be made by it under this Agreement or any other Transaction Document to which it is a party hereunder when due and such failure shall continue remain unremedied for two three Business Days after the earlier to occur of (2i) Business Days;discovery thereof by an Authorized Officer of Originator or (ii) notice thereof shall have been given by Servicer, the Administrative Agent or the Company to Originator; or (c) any Any representation or warranty made or deemed to be made by any Originator (or any of its officers) under or in connection with this Agreement, any other Transaction Loan Document to which it is a party or any other information or report delivered by an Originator pursuant hereto or thereto shall prove to have been false or incorrect or untrue in any material respect (or if already qualified by materiality or Material Adverse Effect, in all respects) when made or deemed made or deliveredmade; or (d) Originator shall fail to perform or observe in any material respect any agreement contained in any of Sections 6.1(h) or 6.3; or (e) Originator shall fail to perform or observe any other term, covenant or agreement under contained in this Agreement or any other Transaction Document to which it is a party on its part to be performed or observed by such Originator (other than any and such failure which would constitute a Purchase and Sale Termination Event under clause shall remain unremedied for thirty (a30) days after the earlier to occur of (i) discovery thereof by an Authorized Officer of Originator or (bii) notice thereof shall have been given by Servicer, the Administrative Agent or the Company to Originator; or (f) An Event of this Bankruptcy shall have occurred with respect to Originator; or (g) A contribution failure shall occur with respect to any benefit plans sufficient to give rise to a Lien under Section 8.1302(f), and such failure, solely to the extent capable of cure, shall continue for ten (10) Business Days.

Purchase and Sale Termination Events. Each of the following events or occurrences described in this Section 8.1 shall constitute a “Purchase and Sale Termination Event” (each event which with notice or the passage of time or both would become a Purchase and Sale Termination Event being referred to herein as an “Unmatured Purchase and Sale Termination Event”): (a) the Termination Date an Event of Default shall have occurred;; or (b) any Originator shall fail to make when due any payment or deposit to be made by it under this Agreement or any other Transaction Loan Document to which it is a party and such failure shall continue remain unremedied for two (2) Business Days;; or (c) any representation or warranty made or deemed to be made by any Originator (or any of its officers) under or in connection with this Agreement, any other Transaction Document Loan Documents to which it is a party party, or any other information or report delivered by an Originator it pursuant hereto or thereto shall prove to have been incorrect or untrue in any material respect (or if already qualified by materiality or Material Adverse Effect, in all respects) when made or deemed made or delivered; orprovided, that no breach of a representation or warranty set forth in Section 5.1(k), Section 5.1(l), Section 5.1(m), Section 5.1(x), Section 5.1(z) or Section 5.1(aa) shall constitute a Purchase and Sale Termination Event pursuant to this clause (c) if the applicable Originator has made a cash payment to the Buyer or if a Purchase Price Credit has been granted, in any case, as required pursuant to Section 3.4 with respect to such breach; (d) any Originator shall fail to perform or observe any other term, covenant or agreement under contained in this Agreement or any other Transaction Loan Document to which it is a party on its part to be performed or observed by such Originator (other than any such failure which would constitute a Purchase and Sale Termination Event under clause (a) or (b) of this Section 8.1), and such failure, solely to the extent capable of cure, shall continue unremedied for ten thirty (1030) Business Daysdays; or (e) any Insolvency Proceeding shall be instituted against any Originator or any Originator is not Solvent.

Purchase and Sale Termination Events. Each of the following events or occurrences described in this Section 8.1 shall constitute a “Purchase and Sale Termination Event” (each event which with notice or the passage of time or both would become a Purchase and Sale Termination Event being referred to herein as an “Unmatured Purchase and Sale Termination Event”): (a) the Termination Date shall have occurred; (b) any Originator the Seller shall fail to make when due any payment or deposit to be made by it under this Agreement or any other Transaction Document to which it is a party and such failure shall continue unremedied for two (2) Business Days; (c) any representation or warranty made or deemed to be made by any Originator the Seller (or any of its officers) under or in connection with this Agreement, any other Transaction Document to which it is a party or any information or report delivered by an Originator the Seller pursuant hereto or thereto shall prove to have been incorrect or untrue in any material respect (or if already qualified by materiality or Material Adverse Effect, in all respects) when made or deemed made or delivered; or (d) any Originator the Seller shall fail to perform or observe any term, covenant or agreement under this Agreement or any other Transaction Document to which it is a party to be performed or observed by such Originator the Seller (other than any such failure which would constitute a Purchase and Sale Termination Event under clause (a) or (b) of this Section 8.1), and such failure, solely to the extent capable of cure, shall continue for ten (10) Business Days.

Purchase and Sale Termination Events. Each of the following events or occurrences described in this Section 8.1 shall constitute a “"Purchase and Sale Termination Event” (each event which with notice or the passage of time or both would become a Purchase and Sale Termination Event being referred to herein as an “Unmatured Purchase and Sale Termination Event”):": (a) a Termination Event (as defined in the Receivables Purchase Agreement) shall have occurred and, in the case of a Termination Event (other than one described in paragraph (f) of Exhibit V of the Receivables Purchase Agreement), the Administrator, shall have declared the Facility Termination Date shall to have occurred;; or (b) any Originator shall fail to make when due any payment or deposit to be made by it under this Agreement or any other Transaction Document to which it is a party hereunder when due and such failure shall continue remain unremedied for two (2) one Business DaysDay; (c) any representation or warranty made or deemed to be made by any Originator (or any of its officers) under or in connection with this Agreement, any other Transaction Document to which it is a party Documents, or any other information or report delivered by an Originator pursuant hereto or thereto shall prove to have been incorrect or untrue in any material respect (or if already qualified by materiality or Material Adverse Effect, in all respects) when made or deemed made made, and shall remain incorrect or delivered; oruntrue for thirty (30) calendar days after knowledge or notice thereof (if the warranty is of a type that is capable of being cured); (d) any Originator shall fail to perform or observe any other term, covenant or agreement under contained in this Agreement or any other Transaction Document to which it is a party on its part to be performed or observed by such Originator (other than any and such failure which would constitute a Purchase and Sale Termination Event under clause (a) or (b) of this Section 8.1), and such failure, solely to the extent capable of cure, shall continue remain unremedied for ten (10) Business DaysDays after written notice thereof shall have been given by the Servicer to such Originator.

Purchase and Sale Termination Events. Each of the following events or occurrences described in this Section 8.1 shall constitute a “"Purchase and Sale Termination Event” (each event which with notice or the passage of time or both would become a Purchase and Sale Termination Event being referred to herein as an “Unmatured Purchase and Sale Termination Event”):": (a) the The Termination Date (as defined in the Receivables Purchase Agreement) shall have occurred;; or (b) any The Originator shall fail to make when due any payment or deposit to be made by it under this Agreement or any other Transaction Document to which it is a party hereunder when due and such failure shall continue remain unremedied for two (2) Business Days;Days after notice; or (c) any Any representation or warranty made or deemed to be made by any the Originator (or any of its officers) under or in connection with this Agreement, any other Transaction Document to which it is a party or any other information or report delivered by an Originator pursuant hereto or thereto shall prove to have been false or incorrect or untrue in any material respect (or if already qualified by materiality or Material Adverse Effect, in all respects) when made or deemed made provided, however, if the violation of this paragraph (c) by the Originator may be cured without any potential or deliveredactual detriment to the Company, the Purchaser, the Agent or any Program Support Provider, the Originator shall have 30 days from the earlier of (i) the Originator's knowledge of such failure and (ii) notice to the Originator of such failure to so cure any such violation before a Purchase and Sale Termination Event shall occur so long as the Originator is diligently attempting to effect such cure; or (d) The Originator shall fail to perform or observe in any material respect any agreement contained in any of Sections 6.1(h) or 6.3; or (e) The Originator shall fail to perform or observe any other material term, covenant or agreement under contained in this Agreement or any other Transaction Document to which it is a party on its part to be performed or observed by such Originator (other than any and such failure which would constitute a Purchase and Sale Termination Event under clause (a) shall remain unremedied for 30 days after written notice thereof shall have been given by Servicer, the Agent or (b) of this Section 8.1), and such failure, solely the Company to the extent capable of cure, shall continue for ten (10) Business Days.Originator; or