Subsequent Case Receivables Clause Samples

Subsequent Case Receivables. The obligation of CNHCR to purchase any Subsequent Case Receivables is subject to the satisfaction of the following conditions on or prior to the related Subsequent Transfer Date: (i) Case Credit shall have delivered to CNHCR a duly executed written assignment in substantially the form of Exhibit B (the "Case Subsequent Transfer Assignment"), which shall include supplements to the Schedule of Case Receivables listing the Subsequent Case Receivables; (ii) Case Credit shall, to the extent required by Section 5.2 of the Sale and Servicing Agreement, have delivered to CNHCR for deposit in the Collection Account all collections in respect of the Subsequent Case Receivables; (iii) as of such Subsequent Transfer Date: (A) Case Credit was not insolvent and will not become insolvent as a result of the transfer of Subsequent Case Receivables on such Subsequent Transfer Date, (B) Case Credit did not intend to incur or believe that it would incur debts that would be beyond Case Credit's ability to pay as such debts matured, (C) such transfer was not made with actual intent to hinder, delay or defraud any Person and (D) the assets of Case Credit did not constitute unreasonably small capital to carry out its business as conducted; (iv) the applicable Spread Account Initial Deposit and Principal Supplement Account Deposit, if any, for such Subsequent Transfer Date shall have been made; (v) the Funding Period shall not have terminated; (vi) each of the representations and warranties made by Case Credit pursuant to Section 3.2(b) with respect to the Subsequent Case Receivables or the Subsequent Receivables shall be true and correct as of such Subsequent Transfer Date, and Case Credit shall have performed all obligations to be performed by it hereunder on or prior to such Subsequent Transfer Date; (vii) Case Credit shall, at its own expense, on or prior to such Subsequent Transfer Date, indicate in its computer files that the Subsequent Case Receivables identified in the related Case Subsequent Transfer Assignment have been sold to CNHCR pursuant to this Agreement and the Case Subsequent Transfer Assignment; (viii) Case Credit shall have taken any action required to give CNHCR a first priority perfected ownership interest in the Subsequent Case Receivables; (ix) no selection procedures believed by Case Credit to be adverse to the interests of CNHCR, the Trust, the Noteholders or the Certificateholders shall have been utilized in selecting the Subsequent Case Receivables; (x...
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Subsequent Case Receivables. As consideration for the conveyance of Subsequent Case Receivables pursuant to Section 2.2, CNHCR shall pay or cause to be paid to Case Credit on each Subsequent Transfer Date an amount (a “Subsequent Case Purchase Price”) equal to the aggregate Contract Value of the Subsequent Case Receivables as of the related Subsequent Cutoff Date, plus any premium or minus any discount agreed upon by Case Credit and CNHCR. Any Subsequent Case Purchase Price shall be payable as follows: (i) cash in the amount released to CNHCR in respect of the Subsequent Case Receivables from the Pre-Funding Account pursuant to Section 5.8(a) of the Sale and Servicing Agreement shall be paid to Case Credit on the related Subsequent Transfer Date; and (ii) the balance shall be paid in cash as and when amounts are released to, or otherwise realized by, CNHCR from the Spread Account, the Negative Carry Account, and the Principal Supplement Account in accordance with the Sale and Servicing Agreement, or otherwise are available for such purpose.
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Related to Subsequent Case Receivables

  • Eligible Receivables Each Receivable included as an Eligible Receivable in the calculation of the Net Receivables Pool Balance as of any date is an Eligible Receivable as of such date.

  • Net Receivables Balance Seller has determined that, immediately after giving effect to each purchase hereunder, the Net Receivables Balance is at least equal to the sum of (i) the Aggregate Capital, plus (ii) the Aggregate Reserves.

  • Reassignment of Ineligible Receivables (a) In the event any representation or warranty under Subsection 4.02(a)(ii), (iii), (iv), (vii), (viii), (ix) or (x) is not true and correct in any material respect as of the date specified therein with respect to any Receivable or the related Account and as a result of such breach RFC VIII is required under Subsection 2.6(a) of the Transfer Agreement to accept reassignment of such Receivables previously sold by TRS to RFC VIII pursuant to this Agreement, TRS shall accept reassignment of such Receivables on the terms and conditions set forth in Subsection 6.01(b). (b) TRS shall accept reassignment of any Receivables described in Subsection 6.01(a) from RFC VIII on the date on which such Receivables are reassigned to RFC VIII pursuant to Subsection 2.6(a) of the Transfer Agreement, and shall pay for such reassigned Receivables by paying to RFC VIII in immediately available funds an amount equal to the unpaid balance of such Receivables. Upon reassignment of such Receivables, RFC VIII shall automatically and without further action sell, transfer, assign, set-over and otherwise convey to TRS, without recourse, representation or warranty, all the right, title and interest of RFC VIII in and to such Receivables, all Recoveries allocable to such Receivables, all monies due or to become due and all amounts received or receivable with respect thereto, all Collections with respect thereto, and all proceeds (including “proceeds” as defined in the UCC) thereof. Such reassigned Receivables shall be treated by RFC VIII as collected in full as of the date on which they were reassigned. RFC VIII shall execute such documents and instruments of transfer or assignment and take such other actions as shall reasonably be requested by TRS to effect the conveyance of such Receivables and other property pursuant to this Subsection.

  • Receivables (a) No amount payable to such Grantor under or in connection with any Receivable is evidenced by any Instrument or Chattel Paper which has not been delivered to the Administrative Agent. (b) None of the obligors on any Receivables is a Governmental Authority. (c) The amounts represented by such Grantor to the Lenders from time to time as owing to such Grantor in respect of the Receivables will at such times be accurate.

  • Schedule of Receivables The information set forth in the Schedule of Receivables has been produced from the Electronic Ledger and was true and correct in all material respects as of the close of business on the Cutoff Date.