Common use of Special Representations and Warranties Clause in Contracts

Special Representations and Warranties. As of the time when each of its Credit Card Receivables is included in the Borrowing Base as an Eligible Credit Card Receivable each Grantor shall be deemed to have represented and warranted that such Account or Payment Intangible as the case may be and all records, papers and documents relating thereto (a) are genuine and correct and in all material respects what they purport to be, (b) to the knowledge of such Grantor, represent the legal, valid and binding obligation of the account debtor, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar Laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability, evidencing obligations unpaid and owed by such account debtor, arising out of the performance of labor or services or the sale, lease, license, assignment or other disposition and delivery of the goods or other property listed therein or out of an advance or a loan, and (c) are in all material respects in compliance and conform with all applicable material federal, state and local Laws and applicable Laws of any relevant foreign jurisdiction.

Special Representations and Warranties. As of the time when each of its Accounts or Credit Card Receivables is included in the Borrowing Base as an Eligible Credit Card Receivable Base, each Grantor shall be deemed to have represented and warranted that such Account or Payment Intangible as the case may be Credit Card Receivable and all records, papers and documents relating thereto (ai) are genuine and correct and in all material respects what they purport to be, (bii) to the knowledge of such Grantor, represent the legal, valid and binding obligation of the account debtor, Credit Card Issuer or Credit Card Processor, as applicable, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar Laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability, evidencing obligations indebtedness unpaid and owed by such account debtor, Credit Card Issuer or Credit Card Processor arising out of the performance of labor or services or the sale, lease, license, assignment or other disposition and delivery of the goods or other property listed therein or out of an advance or a loan, and (ciii) are in all material respects in compliance and conform with all applicable material federal, state and local Laws and applicable Laws of any relevant foreign jurisdiction.

Special Representations and Warranties. As of the time when each of its Credit Card Receivables Accounts is included in the Borrowing Base as an Eligible Credit Card Receivable each Grantor shall be deemed to have represented and warranted that such Account or Payment Intangible as the case may be and all records, papers and documents relating thereto (ai) are genuine and correct and in all material respects what they purport to be, (bii) to the knowledge of such Grantor, represent the legal, valid and binding obligation of the account debtor, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar Laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceabilityenforceability (including limitations on the enforceability of fraudulent credit card charges), evidencing obligations indebtedness unpaid and owed by such account debtor, arising out of the performance of labor or services or the sale, lease, license, assignment or other disposition and delivery of the goods or other property listed therein or out of an advance or a loan, and (ciii) are in all material respects in compliance and conform with all applicable material federal, state and local Laws and applicable Laws of any relevant foreign jurisdiction.

Special Representations and Warranties. As of the time when each any of its Credit Card Receivables is included in the Borrowing Base as an Eligible Credit Card Receivable Receivable, each Grantor shall be deemed to have represented and warranted that such Account or Payment Intangible as the case may be Credit Card Receivable, and all records, papers and documents relating |US-DOCS\118204566.6|| thereto (ai) are genuine and correct and in all material respects what they purport to be, (bii) to the knowledge of such Grantor, represent the legal, valid and binding obligation of the account debtor, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar Laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability, evidencing obligations indebtedness unpaid and owed by such account debtor, arising out of the performance of labor or services or the sale, lease, license, assignment or other disposition and delivery of the goods or other property listed therein or out of an advance or a loan, and (ciii) are in all material respects in compliance and conform with all applicable material federal, state and local Laws and applicable Laws of any relevant foreign jurisdiction.