Common use of Seller Adjustments; Originator Adjustments Clause in Contracts

Seller Adjustments; Originator Adjustments. (a) With respect to any CFC Receivable created by the Seller, if on any day ARSC (or ARSC’s assignee), the Servicer or the Seller determines that (i) any CFC Receivable that (A) was not identified by or on behalf of the Seller in the Daily Seller Report as other than an Eligible Receivable on the Business Day such CFC Receivable was sold hereunder or (B) was otherwise treated as or represented to be an Eligible Receivable in any Receivables Activity Report, was not in fact an Eligible Receivable on such date or (ii) any of the representations or warranties set forth in Section 6.1(d) or 6.1(k) was not true when made with respect to such CFC Receivable or the related CFC Related Asset (each such CFC Receivable described in clause (i) or clause (ii), a “CFC Noncomplying Asset”), then the Seller shall pay the aggregate Unpaid Balance of such CFC Receivables (such payment, the “CFC Noncomplying Asset Adjustment”) to ARSC in accordance with Section 4.3(c).

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Domus Holdings Corp), Purchase Agreement (Realogy Corp), Purchase Agreement (NRT Settlement Services of Missouri LLC)

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Seller Adjustments; Originator Adjustments. (a) With respect to any CFC CMF Receivable created by the Seller, if on any day ARSC (or ARSC’s assignee), the Servicer or the Seller determines that (i) any CFC CMF Receivable that (A) was not identified by or on behalf of the Seller in the Daily Seller Report as other than an Eligible Receivable on the Business Day such CFC CMF Receivable was sold hereunder or (B) was otherwise treated as or represented to be an Eligible Receivable in any Receivables Activity Report, was not in fact an Eligible Receivable on such date or (ii) any of the representations or warranties set forth in Section 6.1(d) or 6.1(k) was not true when made with respect to such CFC CMF Receivable or the related CFC CMF Related Asset (each such CFC CMF Receivable described in clause (i) or clause (ii), a “CFC CMF Noncomplying Asset”), then the Seller shall pay the aggregate Unpaid Balance of such CFC CMF Receivables (such payment, the “CFC CMF Noncomplying Asset Adjustment”) to ARSC in accordance with Section 4.3(c).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Cendant Corp)

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Seller Adjustments; Originator Adjustments. (a) With respect to any CFC CMF Receivable created by the Seller, if on any day ARSC (or ARSC’s 's assignee), the Servicer or the Seller determines that (i) any CFC CMF Receivable that (A) was not identified by or on behalf of the Seller in the Daily Seller Report as other than an Eligible Receivable on the Business Day such CFC CMF Receivable was sold hereunder or (B) was otherwise treated as or represented to be an Eligible Receivable in any Receivables Activity Report, was not in fact an Eligible Receivable on such date or (ii) any of the representations or warranties set forth in Section 6.1(d) or 6.1(k) was not true when made with respect to such CFC CMF Receivable or the related CFC CMF Related Asset (each such CFC CMF Receivable described in clause (i) or clause (ii), a “CFC Noncomplying Asset”"CMF NONCOMPLYING ASSET"), then the Seller shall pay the aggregate Unpaid Balance of such CFC CMF Receivables (such payment, the “CFC Noncomplying Asset Adjustment”"CMF NONCOMPLYING ASSET ADJUSTMENT") to ARSC in accordance with Section 4.3(c).

Appears in 1 contract

Samples: Receivables Purchase Agreement (PHH Corp)

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