HRAC II definition
Examples of HRAC II in a sentence
All authorizations, consents, orders or approvals of or registrations or declarations with any Governmental Authority required to be obtained, effected or given by HRAC II in connection with the execution and delivery by HRAC II of this Agreement or the Conveyance Papers and the performance of the transactions contemplated by this Agreement or the Conveyance Papers by HRAC II have been duly obtained, effected or given and are in full force and effect.
Upon discovery by HRAC II or Funding of a breach of any of the foregoing representations and warranties, the party discovering such breach shall give written notice to the other party, the Owner Trustee and the Indenture Trustee within five Business Days following such discovery.
Upon reassignment of such Receivables and related Purchased Assets, MRI shall automatically and without further action sell, transfer, assign, set over and otherwise convey to HRAC II, without recourse, representation or warranty, all the right, title and interest of MRI in and to such Receivables and related Purchased Assets, and such reassigned Receivables and related Purchased Assets shall be treated by MRI as collected in full as of the date on which they are transferred.
Each of the representations and warranties made by HRAC II in Section 5 of this Supplemental Conveyance shall be true and correct on the date of this Supplemental Conveyance and on the Addition Date.
Upon reassignment of such Receivables and related Purchased Assets, Funding shall automatically and without further action sell, transfer, assign, set over and otherwise convey to HRAC II, without recourse, representation or warranty, all the right, title and interest of Funding in and to such Receivables and related Purchased Assets, and such reassigned Receivables and related Purchased Assets shall be treated by Funding as collected in full as of the date on which they are transferred.
HRAC II is a corporation duly organized and validly existing in good standing under the laws of the State of Delaware and has, in all material respects, full power and authority to own its properties and conduct its business as such properties are presently owned and such business is presently conducted, and to execute, deliver and perform its obligations under this Agreement.
Upon discovery by HRAC II or MRI of a breach of any of the foregoing representations and warranties, the party discovering such breach shall give written notice to the other party, and the Trustee within five Business Days following such discovery.
In the event of a breach of this Section 5.01(a), such Receivable shall be reassigned to HRAC II in accordance with Section 6.01(b).
HRAC II will take no action to cause any Receivable (or any underlying receivable) to be evidenced by any instrument or chattel paper (as defined in the UCC), except in connection with the enforcement or collection undertaken with regard to the related Account.
Pursuant to the Amended and Restated Receivables Purchase Agreement (as may be amended from time to time, the “HAFC II RPA”), dated as of March 1, 2002, between HRAC II and HAFC II, HRAC II has sold and will, from time to time, continue to sell certain Purchased Assets to HAFC II.