Common use of Removal After Cure Period Clause in Contracts

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b) other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by the Transferor, or receipt by the Transferor of written notice of any such event given by the Trustee or the Servicer, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b2.4(b) other than a breach or event as set forth in clause subject to subsection 2.4 (d)(i) above), and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s Trust's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by the Transferoreither Transferor or Servicer, or receipt by the Transferor of written notice of any such event given by the Trustee or the ServicerTrustee, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii2.4(d)(iii); provided, however, provided that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b) other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the TrusteeTrust’s rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by either the TransferorSeller or the Servicer, or receipt by the Transferor Seller of written notice of any such event given by the Trustee or the ServicerTrustee, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any ------------------------- of the representations and warranties set forth in subsection 2.04(b2.4(b) other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s Trust's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by either the TransferorTransferor or the Servicer, or receipt by the Transferor of written notice of any such event given by the Trustee or the ServicerTrustee, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii2.4(d)(iii); provided, -------- however, that no such removal shall be required to be made if, on any day ------- within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b) other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the TrusteeIssuer’s rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Issuer free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee Issuer in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by the Transferor, or receipt by the Transferor of written notice of any such event given by the Trustee Issuer or the ServicerIndenture Trustee, acting at the direction of the Majority Holders of all Series, each such Receivable shall be removed from reconveyed by the Trust Issuer on the terms and conditions set forth in subsection 2.04(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b2.4(b) other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s Trust's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by either the TransferorTransferor or the Servicer, or receipt by the Transferor of written notice of any such event given by the Trustee or the Servicer, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii2.4(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b2.4(b) other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s Trust's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by either the TransferorTransferor or the Servicer, or receipt by the Transferor of written notice of any such event given by the Trustee or the ServicerTrustee, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii2.4(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b) 2.4(a)(ii)-(vi), other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account Receivable becomes a Defaulted Account charged off or the Trustee’s Trust's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by either the TransferorSeller or the Servicer, or receipt by the Transferor Seller of written notice of any such event given by the Trustee or the Servicerany Purchaser Representative, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii)2.4(d)(iii) and shall no longer be treated as a Receivable; provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b2.4(b) other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the TrusteeTrust’s rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by either the TransferorTransferor or the Servicer, or receipt by the Transferor of written notice of any such event given by the Trustee or the ServicerTrustee, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii2.4(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b) other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s Trust's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, thenexcept Liens permitted under subsection 2.05(b), then upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 150 days) from the earlier to occur of the discovery of any such event by either the TransferorTransferor or the Servicer, or receipt by the Transferor of written notice of any such event given by the Trustee or Trustee, the Servicer, each Receivables of the Account containing such ineligible Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b) other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s 's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by the Transferor, or receipt by the Transferor of written notice of any such event given by the Trustee or the Servicer, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(bSections 2.04(a)(ii) through 2.04(a)(vi), other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account Receivable becomes a Defaulted Account charged off or the Trustee’s Trust's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from after the earlier to occur of the discovery of any such event by either the Transferor, Transferor or the Servicer or receipt by the Transferor of written notice of any such event given by the Trustee or the ServicerTrustee, each such Receivable shall be removed from the Trust reduced on the terms and conditions set forth in subsection Section 2.04(d)(iii)) and shall no longer be treated as a Receivable; providedPROVIDED, howeverHOWEVER, that no such removal reduction shall be required to be made POOLING AND SERVICING AGREEMENT if, on any day within such applicable 60-day period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b2.04(a) other than a breach or event as set forth in clause (d)(isubsection 2.04(d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s Issuer's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Issuer free and clear of any Lien, thenexcept Liens permitted under subsection 2.05(b), then upon the expiration of 60 days (or such longer period as may be agreed to by the Indenture Trustee in its sole discretion, but in no event later than 120 150 days) from the earlier to occur of the discovery of any such event by the Transferoreither Transferor or Servicer, or receipt by the Transferor of written notice of any such event given by Indenture Trustee, the Trustee or Receivables of the Servicer, each Account containing such ineligible Receivable shall be removed from the Trust reassigned to Transferor on the terms and conditions set forth in subsection 2.04(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b2.04(a) other than a breach or event as set forth in clause (d)(isubsection 2.04(d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the TrusteeIssuer’s rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Issuer free and clear of any Lien, thenexcept Liens permitted under subsection 2.05(b), then upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by the Transferoreither Transferor or Servicer, or receipt by the Transferor of written notice of any such event given by pursuant to subsection 2.04(c ) above, the Trustee or Receivables of the Servicer, each Account containing such ineligible Receivable shall be removed from the Trust reassigned to Transferor on the terms and conditions set forth in subsection 2.04(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b2.04(a) other than a breach or event as set forth in clause (d)(isubsection 2.04(d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s Issuer's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Issuer free and clear of any Lien, thenexcept Liens permitted under subsection 2.05(b), then upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by the Transferoreither Transferor or Servicer, or receipt by the Transferor of written notice of any such event given by Indenture Trustee, the Trustee or Receivables of the Servicer, each Account containing such ineligible Receivable shall be removed from the Trust reassigned to Transferor on the terms and conditions set forth in subsection 2.04(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b) other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s Trust's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by either the TransferorTransferor or the Servicer, or receipt by the Transferor of written notice of any such event given by the Trustee or the ServicerTrustee, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b2.04(a) other than a breach or event as set forth in clause (d)(isubsection 2.04(d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the TrusteeIssuer’s rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Issuer free and clear of any Lien, thenexcept Liens permitted under subsection 2.05(b), then upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by the Transferoreither Transferor or Servicer, or receipt by the Transferor of written notice of any such event given by pursuant to subsection 2.04(c) above, the Trustee or Receivables of the Servicer, each Account containing such ineligible Receivable shall be removed from the Trust reassigned to Transferor on the terms and conditions set forth in subsection 2.04(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of (i) any of the representations and warranties set forth in subsection 2.04(b2.4(b)(i), 2.4(b)(ii), 2.4(b)(iv) other than a breach or event as set forth in clause and 2.1(f) (d)(ii) above, and as a result of any such breach the related Account becomes a Defaulted Account or the Trustee’s Trust's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by the Transferoreither Transferor or Servicer, or receipt by the Transferor of written notice of any such event given by the Trustee or (ii) the covenants or agreements contained in subsection 2.1(f)(ii), then upon the expiration of 15 days from the earlier to occur of the discovery of any such event by either Transferor or Servicer, or receipt by Transferor of written notice of any such event given by Trustee, each Receivable arising under the Account under which such Receivable arises shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii2.4(d)(iii); provided, however, provided that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b) 2.4(a)(ii)-(vi), other than a breach or event as set forth in clause (d)(i) above, and as a result of such breach the related Account Receivable becomes a Defaulted Account charged off or the TrusteeTrust’s rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by either the TransferorSeller or the Servicer, or receipt by the Transferor Seller of written notice of any such event given by the Trustee or the Servicerany Purchaser Representative, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii)2.4(d)(iii) and shall no longer be treated as a Receivable; provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties covenants set forth in subsection 2.04(b(i) other than a breach or event as set forth in clause subsections 3.10(a)(ii), (d)(iiii) above, and (iv) and as a result of such breach the related Account Receivable becomes a Defaulted Account Receivable or the Trustee’s Trust's rights in, to or under the such Receivable in such Account or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by the Transferoreither Transferor or Servicer, or receipt by the Transferor Servicer of written notice of any such event given by the Trustee or (ii) subsection 3.10(a)(i), then, upon the expiration of 15 days from the earlier to occur of the discovery of any such event by either Transferor or Servicer, each or receipt by Servicer of written notice of any such event given by Trustee, then, subject to subsection 3.10(d), such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii3.10(c); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of If a breach of any of the representations and warranties set forth in subsection 2.04(b2.04(a)(iii) exists other than a breach or event as set forth described in clause (d)(ic)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s Trust's rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, then upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 150 days) from the earlier to occur of the discovery of any such event by the Transferor, Transferor or receipt by the Transferor of written notice of any such event given by the Trustee or the Master Servicer, each such Receivable the Receivables in the related Account shall become Ineligible Receivables and shall be removed from the Trust on the terms and conditions set forth in pursuant to subsection 2.04(d)(iii2.04(c)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties covenants set forth in subsection 2.04(b(i) other than a breach or event as set forth in clause subsections 3.10(a)(ii), (d)(iiii) above, and (iv) and as a result of such breach the related Account Receivable becomes a Defaulted Account Receivable or the Trustee’s Trust's rights in, to or under the such Receivable in such Account or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by either the TransferorTransferor or the Servicer, or receipt by the Transferor Servicer of written notice of any such event given by the Trustee or (ii) subsection 3.10 (a) (i), upon the expiration of 15 days from the earlier to occur of the discovery of any such event by either the Transferor or the Servicer, each or receipt by the Servicer of written notice of any such event given by the Trustee, then, subject to subsection 3.10(d), such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii3.10(c); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties covenants set forth in subsection 2.04(b(i) other than a breach or event as set forth in clause subsections 3.10(a)(ii), (d)(iiii) above, and (iv) and as a result of such breach the related Account becomes a Defaulted Account or the Trustee’s Trust's rights in, to or under the such Receivable in such Account or its proceeds are impaired or the proceeds of such Receivable in such Account are not available for any reason to the Trustee Trust free and clear of any Lien, then, upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by the Transferoreither Transferor or Servicer, or receipt by the Transferor Servicer of written notice of any such event given by the Trustee or (ii) subsection 3.10(a)(i), then, upon the expiration of 15 days from the earlier to occur of the discovery of any such event by either Transferor or Servicer, or receipt by Servicer of written notice of any such event given by Trustee, then each Receivable arising under the Account under which such Receivable arises shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iiiSection 3.10(c); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.

Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b2.04(a) other than a breach or event as set forth in clause (d)(isubsection 2.04(d)(i) above, and as a result of such breach the related Account becomes a Defaulted Account or the TrusteeIssuer’s rights in, to or under the Receivable or its proceeds are impaired or the proceeds of such Receivable are not available for any reason to the Trustee Issuer free and clear of any Lien, thenexcept Liens permitted under subsection 2.05(b), then upon the expiration of 60 days (or such longer period as may be agreed to by the Trustee in its sole discretion, but in no event later than 120 days) from the earlier to occur of the discovery of any such event by the Transferoreither Transferor or Servicer, or receipt by the Transferor of written notice of any such event given by Indenture Trustee, the Trustee or Receivables of the Servicer, each Account containing such ineligible Receivable shall be removed from the Trust reassigned to Transferor on the terms and conditions set forth in subsection 2.04(d)(iii); provided, however, that no such removal shall be required to be made if, on any day within such applicable period, such representations and warranties with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created on such day.