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 2.4(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 Trust's rights in, to or under the Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is impaired or the proceeds of such Receivable are not available for any reason to the 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 but in no event longer than 120 days), from the earlier to occur of the discovery of any such event by either of the Seller or the Servicer, or receipt by the Seller of written notice of any such event given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or notice, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.4(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 and provided, further, that if -------- ------- a defect in any list of Accounts referred to subsection 2.4(b)(v) results -------------------- in the balance of Receivables in the Accounts being less than the amount specified in such subsection, the deficiency shall be deemed to be an Ineligible Receivable for purposes of this subsection 2.4(d). -----------------

Removal After Cure Period. In the event of a breach of any of the ------------------------- representations and warranties set forth in subsection 2.4(bSection 2.4(b)(i) or (ii) with respect to a Receivable (other than in the event that a ----------------- breach or event Receivable is not an Eligible Receivable as a result of the failure to satisfy the conditions set forth in clause (d)(iiii) aboveof the definition of Eligible Receivable), and as a result of ------------- such breach the related Account or event, such Receivable becomes a Receivable in a Defaulted Account or the Trust's rights in, to or under the such Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is materially impaired or the proceeds of such Receivable are not available for any reason to the Trust free and clear of any LienLien except Liens permitted pursuant to Section 2.5(b), then, upon the expiration of 60 90 days (or such any longer period as may be agreed to specified by the Trustee but in no event longer than 120 upon request by the Servicer (not to exceed an additional 90 days), ) from the earlier to occur of the discovery of any such event by either of the Seller Transferor or the Servicer, Servicer or receipt by the Seller Transferor or the Servicer of written notice of any such event given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or noticeTrustee, each such Receivable or, at the option of the Transferor, all such Receivables with respect to the related Account, shall be removed from the Trust on the terms and conditions set forth in subsection Section 2.4(d)(iii); provided, however, that ---------------------- -------- ------- no such removal shall be required to be made if, on any day within such applicable period, (A) such representations representation and warranties warranty with respect to such Receivable shall then be true and correct in all material respects as if such Receivable had been created transferred to the Trust on such day day, and provided(B) the related Account is no longer a Defaulted Account as the result of the breach of such representation and warranty, furtherand the Trust's rights in, that if -------- ------- to or under such Receivable or its proceeds are no longer materially impaired as a defect in any list result of Accounts referred a breach of such representation and warranty, and the proceeds of such Receivable are available to subsection 2.4(b)(v) results -------------------- the Trust free and clear of all Liens resulting in the balance breach of Receivables in the Accounts being less than the amount specified in such subsectionrepresentation and warranty, the deficiency shall be deemed to be an Ineligible Receivable for purposes of this subsection 2.4(d). -----------------as applicable.

Removal After Cure Period. In the event of a breach of any of the ------------------------- representations and warranties set forth in subsection 2.4(b2.04(b)(i), (ii), (iv) or (v) with respect to a Receivable (other than in the event that a ----------------- breach or event Receivable is not an Eligible Receivable as a result of the failure to satisfy the conditions set forth in clause (d)(iiv) aboveof the definition of Eligible Receivable), and as a result of ------------- such breach or event such Receivable becomes a Receivable which is not an Eligible Receivable, the Account related Account to such Receivable becomes a Defaulted Account or the Trust's rights in, to or under the such Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is materially impaired or the proceeds of such Receivable are not available for any reason to the Trust free and clear of any LienLien except Liens permitted pursuant to subsection 2.05(b), then, upon the expiration of 60 days (or such any longer period as may be agreed to upon by the Trustee but in no event longer than 120 (not to exceed an additional 60 days), ) from the earlier to occur of the discovery of any such event by either of the Seller Transferors or the Servicer, or receipt by the Seller Transferors or the Servicer of written notice of any such event given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or noticeTrustee, each such Receivable or, at the option of the Transferors, all such Receivables with respect to the related Account, shall be removed from the Trust on the terms and conditions set forth in subsection 2.4(d)(iii2.04(d)(iii); provided, however, that ---------------------- -------- ------- no such removal shall be required to be made if, on any day within such applicable period, (A) 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 day, and provided(B) such Receivable is an Eligible Receivable, furtherthe related Account is no longer a Defaulted Account as the result of the breach of such representation and warranty (including those implied by law), that if -------- ------- a defect in any list and the Trust's rights in, to or under such Receivable or its proceeds are no longer impaired as the result of Accounts referred the breach of such representation and warranty, and the proceeds of such Receivable have become available to subsection 2.4(b)(v) results -------------------- the Trust free and clear of all Liens resulting in the balance breach of Receivables in the Accounts being less than the amount specified in such subsectionrepresentation or warranty, the deficiency shall be deemed to be an Ineligible Receivable for purposes of this subsection 2.4(d). -----------------as applicable.

Removal After Cure Period. In the event of a breach of any of the ------------------------- representations and warranties set forth in subsection 2.4(b2.04(b)(i) , (ii) , (iv) or (v) with respect to a Receivable (other than in the event that a ----------------- breach or event Receivable is not an Eligible Receivable as a result of the failure to satisfy the conditions set forth in clause (d)(iiv) aboveof the definition of Eligible Receivable), and as a result of ------------- such breach or event such Receivable becomes a Receivable which is not an Eligible Receivable, the Account related Account to such Receivable becomes a Defaulted Account or the Trust's rights in, to or under the such Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is materially impaired or the proceeds of such Receivable are not available for any reason to the Trust free and clear of any LienLien except Liens permitted pursuant to subsection 2.05(b), then, upon the expiration of 60 days (or such any longer period as may be agreed to upon by the Trustee but in no event longer than 120 (not to exceed an additional 60 days), ) from the earlier to occur of the discovery of any such event by either of the Seller Transferors or the Servicer, or receipt by the Seller Transferors or the Servicer of written notice of any such event given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or noticeTrustee, each such Receivable or, at the option of the Transferors, all such Receivables with respect to the related Account, shall be removed from the Trust on the terms and conditions set forth in subsection 2.4(d)(iii2.04(d)(iii); provided, however, that ---------------------- -------- ------- no such removal shall be required to be made if, on any day within such applicable period, (A) 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 day, and provided(B) such Receivable is an Eligible Receivable, furtherthe related Account is no longer a Defaulted Account as the result of the breach of such representation and warranty (including those implied by law), that if -------- ------- a defect in any list and the Trust's rights in, to or under such Receivable or its proceeds are no longer impaired as the result of Accounts referred the breach of such representation and warranty, and the proceeds of such Receivable have become available to subsection 2.4(b)(v) results -------------------- the Trust free and clear of all Liens resulting in the balance breach of Receivables in the Accounts being less than the amount specified in such subsectionrepresentation or warranty, the deficiency shall be deemed to be an Ineligible Receivable for purposes of this subsection 2.4(d). -----------------as applicable.

Removal After Cure Period. In the event of a breach of any of ------------------------- the ------------------------- representations and warranties set forth in subsection 2.4(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 Trust's rights in, to or under the Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is impaired or the proceeds of such Receivable are not available for any reason to the 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 but in no event longer than 120 days), from the earlier to occur of the discovery of any such event by either of the Seller or the Servicer, or receipt by the Seller of written notice of any such event given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or notice, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.4(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 and provided, further, that if -------- ------- a defect in any list of Accounts referred to subsection 2.4(b)(v) results -------------------- in the balance of Receivables in the Accounts being less than the amount specified in such subsection, the deficiency shall be deemed to be an Ineligible Receivable for purposes of this subsection 2.4(d). -----------------

Removal After Cure Period. In the event of a breach of that any of the ------------------------- representations and warranties set forth in subsection Section 2.4(b) or in Section 5(c), 5(d), 5(e) or 5(f) of any Assignment is breached with respect to a Receivable (other than as a ----------------- breach or event as result of the failure to satisfy the conditions set forth in clause (d)(iiv) aboveof the definition of Eligible Receivable) and, and as a result of ------------- such breach the related Account breach, such Receivable becomes a Receivable in a Defaulted Account or the Trust's ’s rights in, to or under the such Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is materially impaired or the proceeds of such Receivable are not available for any reason to the Trust free and clear of any LienLien (other than Liens permitted under Section 2.5(b)), then, upon the expiration of 60 days (or such any longer period as may be agreed to upon by the Trustee but in no event longer than 120 (not to exceed an additional 90 days), ) from the earlier to occur of the discovery of any such event breach by either of the Seller Transferor or the Servicer, Servicer or receipt by the Seller Transferor or the Servicer of written notice of any such event breach given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or noticeTrustee, each such Receivable or, at the option of the Transferor, all such Receivables with respect to the related Account, shall be removed from the Trust on the terms and conditions set forth in subsection Section 2.4(d)(iii); provided, however, that ---------------------- -------- ------- no such removal shall be required to be made if, on any day within such applicable period, (A) such representations representation and warranties warranty 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 day, and provided(B) the related Account is no longer a Defaulted Account as the result of the breach of such representation and warranty, furtherand the Trust’s rights in, that if -------- ------- to or under such Receivable or its proceeds are no longer materially impaired as a defect in any list result of Accounts referred a breach of such representation and warranty, and the proceeds of such Receivable are available to subsection 2.4(b)(v) results -------------------- the Trust free and clear of all Liens resulting in the balance breach of Receivables in the Accounts being less than the amount specified in such subsectionrepresentation and warranty, the deficiency shall be deemed to be an Ineligible Receivable for purposes of this subsection 2.4(d). -----------------as applicable.

Removal After Cure Period. In the event of a breach of that any of the ------------------------- representations and warranties set forth in subsection Section 2.4(b) or in Section 5(c), 5(d), 5(e) or 5(f) of any Assignment is breached with respect to a Receivable (other than as a ----------------- breach or event as result of the failure to satisfy the conditions set forth in clause (d)(iiv) aboveof the definition of Eligible Receivable) and, and as a result of ------------- such breach the related Account breach, such Receivable becomes a Receivable in a Defaulted Account or the TrustIssuer's rights in, to or under the such Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is materially impaired or the proceeds of such Receivable are not available for any reason to the Trust Issuer free and clear of any LienLien (other than Liens permitted under Section 2.5(b)), then, upon the expiration of 60 days (or such any longer period as may be agreed to upon by the Indenture Trustee but in no event longer than 120 (not to exceed an additional 90 days), ) from the earlier to occur of the discovery of any such event breach by either of the Seller Transferor or the Servicer, Servicer or receipt by the Seller Transferor or the Servicer of written notice of any such event breach given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or noticeOwner Trustee, each such Receivable or, at the option of the Transferor, all such Receivables with respect to the related Account, shall be removed from the Trust Issuer on the terms and conditions set forth in subsection Section 2.4(d)(iii); provided, however, that ---------------------- -------- ------- no such removal shall be required to be made if, on any day within such applicable period, (A) such representations representation and warranties warranty 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 day, and provided(B) the related Account is no longer a Defaulted Account as the result of the breach of such representation and warranty, furtherand the Issuer's rights in, that if -------- ------- to or under such Receivable or its proceeds are no longer materially impaired as a defect in any list result of Accounts referred a breach of such representation and warranty, and the proceeds of such Receivable are available to subsection 2.4(b)(v) results -------------------- the Issuer free and clear of all Liens resulting in the balance breach of Receivables in the Accounts being less than the amount specified in such subsectionrepresentation and warranty, the deficiency shall be deemed to be an Ineligible Receivable for purposes of this subsection 2.4(d). -----------------as applicable.

Removal After Cure Period. In the event of a breach of that any of the ------------------------- representations and warranties set forth in subsection Section 2.4(b) or in Section 5(c), 5(d), 5(e) or 5(f) of any Assignment is breached with respect to a Receivable (other than as a ----------------- breach or event as result of the failure to satisfy the conditions set forth in clause (d)(iiv) aboveof the definition of Eligible Receivable) and, and as a result of ------------- such breach the related Account breach, such Receivable becomes a Receivable in a Defaulted Account or the Trust's rights in, to or under the such Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is materially impaired or the proceeds of such Receivable are not available for any reason to the Trust free and clear of any LienLien (other than Liens permitted under Section 2.5(b)), then, upon the expiration of 60 days (or such any longer period as may be agreed to upon by the Trustee but in no event longer than 120 (not to exceed an additional 90 days), ) from the earlier to occur of the discovery of any such event breach by either of the Seller Transferor or the Servicer, Servicer or receipt by the Seller Transferor or the Servicer of written notice of any such event breach given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or noticeTrustee, each such Receivable or, at the option of the Transferor, all such Receivables with respect to the related Account, shall be removed from the Trust on the terms and conditions set forth in subsection Section 2.4(d)(iii); provided, however, that ---------------------- -------- ------- that no such removal shall be required to be made if, on any day within such applicable period, (A) such representations representation and warranties warranty 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 day, and provided(B) the related Account is no longer a Defaulted Account as the result of the breach of such representation and warranty, furtherand the Trust's rights in, that if -------- ------- to or under such Receivable or its proceeds are no longer materially impaired as a defect in any list result of Accounts referred a breach of such representation and warranty, and the proceeds of such Receivable are available to subsection 2.4(b)(v) results -------------------- the Trust free and clear of all Liens resulting in the balance breach of Receivables in the Accounts being less than the amount specified in such subsectionrepresentation and warranty, the deficiency shall be deemed to be an Ineligible Receivable for purposes of this subsection 2.4(d). -----------------as applicable.

Removal After Cure Period. In the event of a breach of any of the ------------------------- representations and warranties set forth in subsection 2.4(bSection 9(b)(i), (ii), (iv) or (v) with respect to a Receivable (other than in the event that a ----------------- breach or event Receivable is not an Eligible Receivable as a result of the failure to satisfy the conditions set forth in clause (d)(iiv) aboveof the definition of Eligible Receivable), and as a result of ------------- such breach or event such Receivable becomes a Receivable which is not an Eligible Receivable, the Account related Account to such Receivable becomes a Defaulted Account or the Trust's or RFC's rights in, to or under the such Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is materially impaired or the proceeds of such Receivable are not available for any reason to the Trust or RFC free and clear of any LienLien (other than Liens permitted pursuant to Section 12(b)), then, upon the expiration of 60 days (or such any longer period as may be agreed to upon by the Trustee but in no event longer than 120 and RFC (not to exceed an additional 60 days), ) from the earlier to occur of the discovery of any such event by either of the Seller RFC or the Servicer, or receipt by RFC or the Seller Servicer of written notice of any such event given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or noticeTrustee, each such Receivable or, at the option of RFC or the Trustee, all such Receivables with respect to the related Account, shall be removed from the Trust and repurchased by the Seller on the terms and conditions set forth in subsection 2.4(d)(iiiSection 11(c); provided, however, that ---------------------- -------- ------- no such removal shall be required to be made if, on any day within such applicable period, (i) 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 day, and provided, further, that if -------- ------- a defect in any list of Accounts referred to subsection 2.4(b)(v(ii) results -------------------- in the balance of Receivables in the Accounts being less than the amount specified in such subsectionReceivable is an Eligible Receivable, the deficiency shall be deemed related Account is no longer a Defaulted Account as the result of the breach of such representation and warranty (including those implied by law), and the Trust's and RFC's rights in, to be an Ineligible or under such Receivable for purposes or its proceeds are no longer impaired as the result of this subsection 2.4(d). -----------------the breach of such representation and warranty, and the proceeds of such Receivable have become available to the Trust and RFC free and clear of all Liens which caused the breach of such representation or warranty, as applicable.

Removal After Cure Period. In the event of a breach of that any of ------------------------- the ------------------------- representations and warranties set forth in subsection Section 2.4(b) or in Section 5(c), 5(d), 5(e) or 5(f) of any Assignment is breached with respect to a Receivable (other than as a ----------------- breach or event as result of the failure to satisfy the conditions set forth in clause (d)(iiv) aboveof the definition of Eligible Receivable) and, and as a result of ------------- such breach the related Account breach, such Receivable becomes a Receivable in a Defaulted Account or the Trust's rights in, to or under the such Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is materially impaired or the proceeds of such Receivable are not available for any reason to the Trust free and clear of any LienLien (other than Liens permitted under Section 2.5(b)), then, upon the expiration of 60 days (or such any longer period as may be agreed to upon by the Trustee but in no event longer than 120 (not to exceed an additional 90 days), ) from the earlier to occur of the discovery of any such event breach by either of the Seller Transferor or the Servicer, Servicer or receipt by the Seller Transferor or the Servicer of written notice of any such event breach given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or noticeTrustee, each such Receivable or, at the option of the Transferor, all such Receivables with respect to the related Account, shall be removed from the Trust on the terms and conditions set forth in subsection Section 2.4(d)(iii); provided, however, that ---------------------- -------- ------- no such removal shall be required -------- ------- to be made if, on any day within such applicable period, (A) such representations representation and warranties warranty 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 day, and provided(B) the related Account is no longer a Defaulted Account as the result of the breach of such representation and warranty, furtherand the Trust's rights in, that if -------- ------- to or under such Receivable or its proceeds are no longer materially impaired as a defect in any list result of Accounts referred a breach of such representation and warranty, and the proceeds of such Receivable are available to subsection 2.4(b)(v) results -------------------- the Trust free and clear of all Liens resulting in the balance breach of Receivables in the Accounts being less than the amount specified in such subsectionrepresentation and warranty, the deficiency shall be deemed to be an Ineligible Receivable for purposes of this subsection 2.4(d). -----------------as applicable.

Removal After Cure Period. In the event of a breach of that any of the ------------------------- representations and warranties set forth in subsection Section 2.4(b) or in Section 5(c), 5(d), 5(e) or 5(f) of any Assignment is breached with respect to a Receivable (other than as a ----------------- breach or event as result of the failure to satisfy the conditions set forth in clause (d)(iiv) aboveof the definition of Eligible Receivable) and, and as a result of ------------- such breach the related Account breach, such Receivable becomes a Receivable in a Defaulted Account or the Trust's rights in, to or under the such Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is materially impaired or the proceeds of such Receivable are not available for any reason to the Trust free and clear of any LienLien (other than Liens permitted under Section 2.5(b)), then, upon the expiration of 60 days (or such any longer period as may be agreed to upon by the Trustee but in no event longer than 120 (not to exceed an additional 90 days), ) from the earlier to occur of the discovery of any such event breach by either of the Seller Transferor or the Servicer, Servicer or receipt by the Seller Transferor or the Servicer of written notice of any such event breach given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or noticeTrustee, each such Receivable or, at the option of the Transferor, all such Receivables with respect to the related Account, shall be removed from the Trust on the terms and conditions set forth in subsection Section 2.4(d)(iii); provided, however, that ---------------------- -------- ------- no such removal shall be required to be made if, on any day within such applicable period, (A) such representations representation and warranties warranty 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 day, and provided(B) the related Account is no longer a Defaulted Account as the result of the breach of such representation and warranty, furtherand the Trust's rights in, that if -------- ------- to or under such Receivable or its proceeds are no longer materially impaired as a defect in any list result of Accounts referred a breach of such representation and warranty, and the proceeds of such Receivable are available to subsection 2.4(b)(v) results -------------------- the Trust free and clear of all Liens resulting in the balance breach of Receivables in the Accounts being less than the amount specified in such subsectionrepresentation and warranty, the deficiency shall be deemed to be an Ineligible Receivable for purposes of this subsection 2.4(d). -----------------as applicable.

Removal After Cure Period. In the event of a breach of any of the ------------------------- representations and warranties set forth in subsection 2.4(bSection 9(b)(i), (ii), (iv) or (v) with respect to a Receivable (other than in the event that a ----------------- breach or event Receivable is not an Eligible Receivable as a result of the failure to satisfy the conditions set forth in clause (d)(iiv) aboveof the definition of Eligible Receivable), and as a result of ------------- such breach or event such Receivable becomes a Receivable which is not an Eligible Receivable, the Account related Account to such Receivable becomes a Defaulted Account or the Trust's or the Purchaser's rights in, to or under the such Receivable or its proceeds are impaired or the ability of the Servicer to collect such Ineligible Receivable is materially impaired or the proceeds of such Receivable are not available for any reason to the Trust or the Purchaser free and clear of any LienLien (other than Liens permitted pursuant to Section 12(a)), then, upon the expiration of 60 sixty (60) days (or such any longer period as may be agreed to upon by the Trustee but in no event longer than 120 and the Purchaser (not to exceed an additional sixty (60) days), ) from the earlier to occur of the discovery of any such event by either of the Seller Purchaser or the Servicer, or receipt by the Seller Purchaser or the Servicer of written notice of any such event given by the Trustee or the related Enhancement Provider, or, with respect to breaches relating to prior Liens, immediately upon the earlier to occur of such discovery or noticeTrustee, each such Receivable or, at the option of the Purchaser or the Trustee, all such Receivables with respect to the related Account, shall be removed from the Trust and repurchased by the Seller on the terms and conditions set forth in subsection 2.4(d)(iiiSection 11(c); provided, however, that ---------------------- -------- ------- no such removal shall be required to be made if, on any day within such applicable period, (i) 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 day, and provided, further, that if -------- ------- a defect in any list of Accounts referred to subsection 2.4(b)(v(ii) results -------------------- in the balance of Receivables in the Accounts being less than the amount specified in such subsectionReceivable is an Eligible Receivable, the deficiency shall be deemed related Account is no longer a Defaulted Account as the result of the breach of such representation and warranty (including those implied by law), and the Trust's and the Purchaser's rights in, to be an Ineligible or under such Receivable for purposes or its proceeds are no longer impaired as the result of this subsection 2.4(d). -----------------the breach of such representation and warranty, and the proceeds of such Receivable have become available to the Trust and the Purchaser free and clear of all Liens which caused the breach of such representation or warranty, as applicable.