Common use of Representations and Warranties in Transaction Documents and Regarding Repurchase Event Clause in Contracts

Representations and Warranties in Transaction Documents and Regarding Repurchase Event. Its representations and warranties (i) in Section 3.01 of the Pooling Agreement and Section 2 of the Underwriting Agreement, (in the case of the Trust Depositor), or (ii) in Section 3.02 of the Pooling Agreement and Section 2 of the Underwriting Agreement (in the case of CFUSA, in its individual capacity or as Servicer, as the case may be) are true and correct in all material respects as of the dates they were made (unless they specifically refer to an earlier date in which case such representations and warranties were true and correct in all material respects as of such earlier date); and as of the date hereof and as of the Closing Date, no event exists with respect to Contracts which obligated CFUSA to repurchase such Contracts pursuant to Section 7.06 of the Pooling Agreement; provided, however, that the sole remedy for a breach of the representations and warranties made in this Section 3.09 shall be limited to the right to have CFUSA purchase the applicable Contracts and make the deposits to the Collection Account to the extent required in the Pooling Agreement.

Appears in 5 contracts

Samples: Loan Agreement (NCT Funding Co LLC), Loan Agreement (Cit Equipment Collateral 2003-Vt1), Loan Agreement (Cit Equipment Collateral 2004-Vt1)

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Representations and Warranties in Transaction Documents and Regarding Repurchase Event. Its representations and warranties (i) in Section 3.01 of the Pooling Agreement and Section 2 of the Underwriting Agreement, (in the case of the Trust Depositor), or and (ii) in Section 3.02 of the Pooling Agreement (in the case of the Servicer) and (iii) in Section 2 of the Underwriting Agreement (in the case of CFUSA), in its individual capacity or as Servicer, as the case may be) are true and correct in all material respects as of the dates they were made (unless they specifically refer to an earlier date in which case such representations and warranties were true and correct in all material respects as of such earlier date); and as of the date hereof and as of the Closing Date, no event exists with respect to Contracts which obligated CFUSA to repurchase such Contracts pursuant to Section 7.06 of the Pooling Agreement; provided, however, that the sole remedy for a breach of the representations and warranties made in this Section 3.09 shall be limited to the right to have CFUSA purchase the applicable Contracts and make the deposits to the Collection Account to the extent required in the Pooling Agreement.

Appears in 1 contract

Samples: Reserve Account Agreement (Cit Ec Ef 2001-A)

Representations and Warranties in Transaction Documents and Regarding Repurchase Event. Its representations and warranties (i) in Section 3.01 of the Pooling Agreement and Section 2 of the Underwriting Agreement, (in the case of the Trust Depositor), or (ii) in Section 3.02 of the Pooling Agreement and Section 2 of the Underwriting Agreement Agreement, (in the case of CFUSA, in its individual capacity or as Servicer, as the case may be) are true and correct in all material respects as of the dates they were made (unless they specifically refer to an earlier date in which case such representations and warranties were true and correct in all material respects as of such earlier date); and as of the date hereof and as of the Closing Date, no event exists with respect to Contracts which obligated CFUSA to repurchase such Contracts pursuant to Section 7.06 of the Pooling Agreement; provided, however, that the sole remedy for a breach of the representations and warranties made in this Section 3.09 shall be limited to the right to have CFUSA purchase the applicable Contracts and make the deposits to the Collection Account to the extent required in the Pooling Agreement.

Appears in 1 contract

Samples: Loan Agreement (Cit Equipment Collateral 2001-1)

Representations and Warranties in Transaction Documents and Regarding Repurchase Event. Its representations and warranties (i) in Section 3.01 of the Pooling Agreement and Section 2 of the Underwriting Agreement, (in the case of the Trust Depositor), or (ii) in Section 3.02 of the Pooling Agreement and Section 2 of the Underwriting Agreement Agreement, (in the case of CFUSATCC, in its individual capacity or as Servicer, as the case may be) are true and correct in all material respects as of the dates they were made (unless they specifically refer to an earlier date in which case such representations and warranties were true and correct in all material respects as of such earlier date); and as of the date hereof and as of the Closing Date, no event exists with respect to Contracts which obligated CFUSA NFUSA to repurchase such Contracts pursuant to Section 7.06 of the Pooling Agreement; provided, however, that the sole remedy for a breach of the representations and warranties made in this Section 3.09 shall be limited to the right to have CFUSA NFUSA purchase the applicable Contracts and make the deposits to the Collection Account to the extent required in the Pooling Agreement.

Appears in 1 contract

Samples: Loan Agreement (Cit Equipment Collateral 2000-1)

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Representations and Warranties in Transaction Documents and Regarding Repurchase Event. Its representations and warranties (i) in Section 3.01 of the Pooling Agreement and Section 2 of the Underwriting Agreement, (in the case of the Trust Depositor), or (ii) in Section 3.02 of the Pooling Agreement and Section 2 of the Underwriting Agreement Agreement, (in the case of CFUSATCC, in its individual capacity or as Servicer, as the case may be) are true and correct in all material respects as of the dates they were made (unless they specifically refer to an earlier date in which case such representations and warranties were true and correct in all material respects as of such earlier date); and as of the date hereof and as of the Closing Date, no event exists with respect to Contracts which obligated CFUSA to repurchase such Contracts pursuant to Section 7.06 of the Pooling Agreement; provided, however, that the sole remedy for a breach of the representations and warranties made in this Section 3.09 shall be limited to the right to have CFUSA purchase the applicable Contracts and make the deposits to the Collection Account to the extent required in the Pooling Agreement.

Appears in 1 contract

Samples: Loan Agreement (Cit Equipment Collateral 2000-2)

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