Common use of Subsequent Case Receivables Clause in Contracts

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) the addition of the Subsequent Case Receivables will not result in a material adverse tax consequence to CNHCR, the Trust, the Noteholders or the Certificateholders; (xi) Case Credit shall have provided CNHCR a statement listing the aggregate Contract Value of such Subsequent Case Receivables and any other information reasonably requested by CNHCR with respect to such Subsequent Case Receivables; (xii) all the conditions to the transfer of the Subsequent Case Receivables to the Issuer specified in the Sale and Servicing Agreement shall have been satisfied; and (xiii) Case Credit shall have delivered to CNHCR an Officers' Certificate confirming the satisfaction of each condition precedent specified in this clause (b) (substantially in the form attached hereto as Annex A to the Case Subsequent Transfer Assignment).

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 EXHIBIT B (the "Case Subsequent Transfer AssignmentCASE 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 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 take any action required to give CNHCR a first priority perfected ownership interest in the Subsequent Case ReceivablesReceivables on or prior to the applicable Subsequent Transfer Date; (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) the addition of the Subsequent Case Receivables will not result in a material adverse tax consequence to CNHCR, the Trust, the Noteholders or the Certificateholders; (xi) Case Credit shall have provided CNHCR a statement listing the aggregate Contract Value of such Subsequent Case Receivables and any other information reasonably requested by CNHCR with respect to such Subsequent Case Receivables; (xii) all the conditions to the transfer of the Subsequent Case Receivables to the Issuer specified in the Sale and Servicing Agreement shall have been satisfied; and (xiii) Case Credit shall have delivered to CNHCR an Officers' Officer's Certificate confirming the satisfaction of each condition precedent specified in this clause CLAUSE (b) (substantially in the form attached hereto as Annex A to the Case Subsequent Transfer Assignment).

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 ’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 take any action required to give CNHCR a first priority perfected ownership interest in the Subsequent Case ReceivablesReceivables on or prior to the applicable Subsequent Transfer Date; (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) the addition of the Subsequent Case Receivables will not result in a material adverse tax consequence to CNHCR, the Trust, the Noteholders or the Certificateholders; (xi) Case Credit shall have provided CNHCR a statement listing the aggregate Contract Value of such Subsequent Case Receivables and any other information reasonably requested by CNHCR with respect to such Subsequent Case Receivables; (xii) all the conditions to the transfer of the Subsequent Case Receivables to the Issuer specified in the Sale and Servicing Agreement shall have been satisfied; and (xiii) Case Credit shall have delivered to CNHCR an Officers' Officer’s Certificate confirming the satisfaction of each condition precedent specified in this clause (b) (substantially in the form attached hereto as Annex A to the Case Subsequent Transfer Assignment).