Examples of Group Eligibility Representation in a sentence
Any notice of an occurrence of a breach of the Group Eligibility Representation under a Receivables Transfer Agreement or the Transfer and Servicing Agreement delivered to the Indenture Trustee shall specifically identify the Group 1 Receivables in breach.
For the avoidance of doubt, the Master Collateral Agent shall have no obligation to give the notice set forth in the first sentence of this Section 3.4 unless a Responsible Person of the Master Collateral Agent has actual knowledge of such breach or has received written notice identifying the specific Receivable or Receivables for which the Group Eligibility Representation was breached.
If the Servicer chooses to cure a breach of the Group Eligibility Representation that had a material adverse effect on the Credit Extensions related to the Group to which such Receivable has been designated, such breach must be cured by the Servicer by the end of the second month following the month the Responsible Person of the Servicer received written notice of the breach as set forth above.
The related Originator or the Servicer (in the case of Receivables transferred by an Additional Transferor or re-designated to such Group on a Re-Designation Date) will have the sole ability to determine if there was non-compliance with the applicable Group Eligibility Representation made by it that constitutes a breach, and whether to reacquire or acquire, as applicable, the related Group 60-Day Delinquent Receivable from the Trust.
The sole remedy against the Servicer or the Additional Transferor for a breach of the Servicer’s Group Eligibility Representation is to require the Servicer to acquire the related Receivables under this Section 3.4. The Depositor will enforce the Servicer’s acquisition obligation under this Section 3.4. For the avoidance of doubt, nothing contained in this Section 3.4(d) shall limit any remedy of the Trust against the Parent Support Provider contained in the Parent Support Agreement.
The Trust is relying on each applicable Originator’s or the Servicer’s Group Eligibility Representation, as applicable, in acquiring the Receivables and designating such Receivables as Group Receivables, which Group Eligibility Representation will survive the transfer and absolute assignment of the Receivables by the Depositor to the Trust under this Agreement and the pledge of the Receivables to the Master Collateral Agent under the Master Collateral Agreement.
None of the Depositor, the Owner Trustee, the Master Collateral Agent, the Parent Support Provider, the Marketing Agent or the Administrator will have an obligation to investigate whether a breach of the Group Eligibility Representation for a Re-Designated Receivable has occurred or whether any Receivable is required to be acquired under this Section 2.7.
If a Responsible Person of the Servicer receives written notice from the Depositor, the Administrator, any Creditor Representative or the Master Collateral Agent that the applicable Group Eligibility Representation for a Re-Designated Receivable was breached when made, then, in each case, the Servicer will investigate the Receivable to confirm the breach and determine if the breach has a material adverse effect on the Credit Extensions related to the Group to which such Receivables have been re-designated.
For the avoidance of doubt, the Master Collateral Agent shall have no obligation to give the notice set forth in the first sentence of this Section 2.7(b) unless a Responsible Person of the Master Collateral Agent has actual knowledge of such breach or has received written notice identifying the specific Receivable or Receivables for which the Group Eligibility Representation was breached.
Any inaccuracy in the Group Eligibility Representation will be deemed not to constitute a breach of the Group Eligibility Representation if such inaccuracy does not affect the ability of the Trust to receive and retain payment in full on such Receivable on the terms and conditions and within the timeframe set forth in the underlying device payment plan agreement and does not have a material adverse effect on the Credit Extensions related to the Group to which such Receivables have been re-designated.