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 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 Trust free and clear of any Lien, then, upon the expiration of 30 days from the earlier to occur of the discovery of any such event by either the Transferor or the Servicer, or receipt by the Transferor of written notice of any such event given by the Trustee or any Investor Certificateholder, 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.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust)

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Removal After Cure Period. In the event of a breach of any of (i) the representations representation and warranties warranty set forth in subsection 2.04(b) other than a breach or event as set forth in clause (d)(i) above2.4(b)(i), and as a result of such breach the related Account Receivable becomes a Defaulted Account Receivable or the Trust’s 's rights in, to or under the a Receivable or its proceeds are 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 30 60 days (or such longer period as may be agreed to by 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 Transferor or Servicer, or receipt by Transferor of written notice of any such event given by Trustee or (ii) the covenants or agreements contained in subsection 2.1(f), then 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, or receipt by the Transferor of written notice of any such event given by the Trustee or any Investor CertificateholderTrustee, each then 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Bank Premium Finance Loan Master Trust)

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 TrustIssuer’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 Trust Issuer free and clear of any Lien, then, upon the expiration of 30 60 days from the earlier to occur of the discovery of any such event breach by either the Transferor or the Servicer, or receipt by the Transferor of written notice of any such event breach given by the Trustee or any Investor CertificateholderIndenture Trustee, each such Receivable shall be removed from the Trust Issuer on the terms and conditions set forth in subsection 2.04(d)(iii)2.4(e)(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.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Alliance Data Systems Corp)

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 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 Trust free and clear of any Lien, then, upon the expiration of 30 days from the earlier to occur of the discovery of any such event by either the Transferor or the Servicer, or receipt by the Transferor of written notice of any such event given by the Trustee or any Investor CertificateholderTrustee, 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cabela's Master Credit Card Trust)

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Removal After Cure Period. In the event of a breach of any of the representations and warranties set forth in subsection 2.04(b) Section 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 Trust’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 Trust free and clear of any Lien, then, upon the expiration of 30 60 days from the earlier to occur of the discovery of any such event by either the Transferor or the Servicer, or receipt by the Transferor of written notice of any such event given by the Trustee or any Investor CertificateholderTrustee, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii)Section 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 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Stage Stores Inc)

Removal After Cure Period. In the event of a breach with respect to a Receivable 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)(iand 2.04(c) above, and as a result of such breach the related Account Loan relating to such Receivable becomes a Defaulted Account or the 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 Trust free and clear of any LienLoan, then, upon the expiration of 30 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 and Defaulted Loan occurrence by either the related Original Transferor or the ServicerTransferor, as applicable, or receipt by the related Original Transferor or the Transferor, as applicable, of written notice of any such event and Defaulted Loan occurrence given by the Trustee or any Investor CertificateholderTrustee, each such Receivable shall be removed from the Trust on the terms and conditions set forth in subsection 2.04(d)(iii2.04(e)(ii); 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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (A I Receivables Corp)

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