Common use of REPRESENTATIONS AND WARRANTIES OF FIRST MERCHANTS Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF FIRST MERCHANTS. (a) First Merchants has made each of the representations and warranties set forth in Exhibit A hereto under the Receivables Purchase Agreement and has consented to the assignment by the Seller to the Issuer of the Seller's rights with respect thereto. Such representations and warranties speak as of the execution and delivery of this Agreement and as of the Closing Date, but shall survive the sale, transfer and assignment of the Receivables to the Issuer. Pursuant to Section 2.01 of this Agreement, the Seller has sold, assigned, transferred and conveyed to the Issuer, as part of the assets of the Issuer, its rights under the Receivables Purchase Agreement, including the representations and warranties of First Merchants therein as set forth in Exhibit A, upon which the Issuer relies in accepting the Receivables and delivering the Securities and the Note Insurer relies in issuing the Policy, together with all rights of the Seller with respect to any breach thereof, including the right to require First Merchants to repurchase Receivables in accordance with the Receivables Purchase Agreement. It is understood and agreed that the representations and warranties referred to in this Section shall survive the delivery of the Receivable Files and the Legal Files to the Issuer or any custodian.

REPRESENTATIONS AND WARRANTIES OF FIRST MERCHANTS. (a) First Merchants has made each of the representations and warranties set forth in Exhibit A hereto under the Receivables Purchase Agreement and has consented to the assignment by the Seller to the Issuer of the Seller's rights with respect thereto. Such representations and warranties speak as of the execution and delivery of this Agreement and as of the Closing Date in the case of the Initial Receivables, and as of the applicable Subsequent Transfer Date, in the case of the Subsequent Receivables, but shall survive the sale, transfer and assignment of the Receivables to the Issuer. Pursuant to Section 2.01 of this Agreement, the Seller has sold, assigned, transferred and conveyed to the Issuer, as part of the assets of the Issuer, its rights under the Receivables Purchase Agreement, including the representations and warranties of First Merchants therein as set forth in Exhibit A, upon which the Issuer relies in accepting the Receivables and delivering the Securities and the Note Security Insurer relies in issuing the PolicyPolicies, together with all rights of the Seller with respect to any breach thereof, including the right to require First Merchants to repurchase Receivables in accordance with the Receivables Purchase Agreement. It is understood and agreed that the representations and warranties referred to in this Section shall survive the delivery of the Receivable Files and the Legal Files to the Issuer or any custodian.

REPRESENTATIONS AND WARRANTIES OF FIRST MERCHANTS. (a) First Merchants has made each of the representations and warranties set forth in Exhibit A hereto under the Receivables Purchase Agreement and has consented to the assignment by the Seller to the Issuer of the Seller's rights with respect thereto. Such representations and warranties speak as of the execution and delivery of this Agreement and as of the Closing Date, but shall survive the sale, transfer and assignment of the Receivables to the Issuer. Pursuant to Section 2.01 of this Agreement, the Seller has sold, assigned, transferred and conveyed to the Issuer, as part of the assets of the Issuer, its rights under the Receivables Purchase Agreement, including the representations and warranties of First Merchants therein as set forth in Exhibit A, upon which the Issuer relies in accepting the Receivables and delivering the Securities and the Note Security Insurer relies in issuing the PolicyPolicies, together with all rights of the Seller with respect to any breach thereof, including the right to require First Merchants to repurchase Receivables in accordance with the Receivables Purchase Agreement. It is understood and agreed that the representations and warranties referred to in this Section shall survive the delivery of the Receivable Files and the Legal Files to the Issuer or any custodian.

REPRESENTATIONS AND WARRANTIES OF FIRST MERCHANTS. (a) First Merchants has made each of the representations and warranties set forth in Exhibit A hereto under the Receivables Purchase Agreement and has consented to the assignment by the Seller to the Issuer of the Seller's rights with respect thereto. Such representations and warranties speak as of the execution and delivery of this Agreement and as of the Closing Date, but shall survive the sale, transfer and assignment of the Receivables to the Issuer. Pursuant to Section 2.01 of this Agreement, the Seller has sold, assigned, transferred and conveyed to the Issuer, as part of the assets of the Issuer, its rights under the Receivables Purchase Agreement, including the representations and warranties of First Merchants therein as set forth in Exhibit A, upon which the Issuer relies in accepting the Receivables and delivering the Securities and the Note Security Insurer relies in issuing the Policy, together with all rights of the Seller with respect to any breach thereof, including the right to require First Merchants to repurchase Receivables in accordance with the Receivables Purchase Agreement. It is understood and agreed that the representations and warranties referred to in this Section shall survive the delivery of the Receivable Files and the Legal Files to the Issuer or any custodian.