Common use of Breach of Representations, Warranties or Covenants Clause in Contracts

Breach of Representations, Warranties or Covenants. Upon discovery by any Transferor or Buyer of any breach of representation, warranty or covenant described in Section 4.01(g), 4.01(k), 4.01(u), 4.01(v), 4.01(w), 4.03(l), 4.03(m), 4.04(a), 4.04(b), 4.04(c), 4.04(d) and 4.04(i) with respect to any Transferred Receivable, the party discovering the same shall give prompt written notice thereof to the other parties hereto. The Transferor that has breached such representation, warranty or covenant shall, if requested by notice from Buyer, on the first Business Day following receipt of such notice, either (a) repurchase the affected Transferred Receivable from Buyer for cash remitted to a Collection Account or (b) make a capital contribution in cash to Buyer by remitting the amount of such capital contribution to a Collection Account, in each case, in an amount (the “Rejected Amount”) equal to the Billed Amount of such Transferred Receivable minus any Collections received in respect thereof. Each such Transferor shall ensure that no Collections or other proceeds with respect to a Transferred Receivable so reconveyed to it are paid or deposited into a Collection Account.

Breach of Representations, Warranties or Covenants. Upon discovery by any Transferor or Buyer Purchaser Agent of any breach of representation, warranty or covenant described in Section 4.01(g), 4.01(k4.01(r), 4.01(u4.01(t), 4.01(v), 4.01(w5.01(c), 4.03(l5.01(g), 4.03(m5.03(a), 4.04(a5.03(b), 4.04(b5.03(c), 4.04(c5.03(d), 4.04(d5.03(g) and 4.04(i5.03(l) by the Seller with respect to any Transferred Receivable, the party discovering the same Purchaser Agent shall give prompt written notice thereof to the other parties hereto. The Transferor that has breached such representation, warranty or covenant Seller shall, if requested by such notice from Buyerthe Purchaser Agent, on the first Business Day following receipt of such notice, either (a) repurchase the affected Transferred Receivable from Buyer the Purchasers for cash remitted to a Collection Account or (b) make transfer ownership of a capital contribution in cash new Eligible Receivable or new Eligible Receivables to Buyer by remitting the amount of Purchasers on such capital contribution to a Collection AccountBusiness Day, in each case, in an amount (the “Rejected Amount”) equal to the Billed Amount of such affected Transferred Receivable minus any the Collections received in respect thereofthereof (the “Rejected Amount”). Each such Transferor Seller shall, or shall cause the Servicer to, ensure that no Collections or other proceeds with respect to a Transferred Receivable so reconveyed to it are paid or deposited into a Collection Account.. Second Amended and Restated Receivables Purchase Agreement

Breach of Representations, Warranties or Covenants. Upon discovery by any Transferor or Buyer Purchaser Agent of any breach of representation, warranty or covenant described in Section 4.01(g), 4.01(k4.01(r), 4.01(u4.01(t), 4.01(v), 4.01(w5.01(c), 4.03(l5.01(g), 4.03(m5.03(a), 4.04(a5.03(b), 4.04(b5.03(c), 4.04(c5.03(d), 4.04(d5.03(g) and 4.04(i5.03(l) by the Seller with respect to any Transferred Receivable, the party discovering the same Purchaser Agent shall give prompt written notice thereof to the other parties hereto. The Transferor that has breached such representation, warranty or covenant Seller shall, if requested by such notice from Buyerthe Purchaser Agent, on the first Business Day following receipt of such notice, either (a) repurchase the affected Transferred Receivable from Buyer the Purchasers for cash remitted to a Collection Account or (b) make transfer ownership of a capital contribution in cash new Eligible Receivable or new Eligible Receivables to Buyer by remitting the amount of Purchasers on such capital contribution to a Collection AccountBusiness Day, in each case, in an amount (the “Rejected Amount”) equal to the Billed Amount of such affected Transferred Receivable minus any the Collections received in respect thereofthereof (the “Rejected Amount”). Each such Transferor Seller shall, or shall cause the Servicer to, ensure that no Collections or other proceeds with respect to a Transferred Receivable so reconveyed to it are paid or deposited into a Collection Account.

Breach of Representations, Warranties or Covenants. Upon discovery by any Transferor or Buyer Administrative Agent of any breach of representation, warranty or covenant described in Section 4.01(g), 4.01(k4.01(r), 4.01(u4.01(t), 4.01(v), 4.01(w5.01(c), 4.03(l5.01(g), 4.03(m5.03(a), 4.04(a5.03(b), 4.04(b5.03(c), 4.04(c5.03(d), 4.04(d5.03(g) and 4.04(i5.03(l) by the Seller with respect to any Transferred Receivable, the party discovering the same Administrative Agent shall give prompt written notice thereof to the other parties hereto. The Transferor that has breached such representation, warranty or covenant Seller shall, if requested by such notice from Buyerthe Administrative Agent, on the first Business Day following receipt of such notice, either (a) repurchase the affected Transferred Receivable from Buyer the Purchasers for cash remitted to a Collection the applicable Lockbox Account or (b) make transfer ownership of a capital contribution in cash new Eligible Receivable or new Eligible Receivables to Buyer by remitting the amount of Purchasers on such capital contribution to a Collection AccountBusiness Day, in each case, in an amount (the “Rejected Amount”) equal to the Billed Amount of such affected Transferred Receivable minus any the Collections received in respect thereofthereof (the “Rejected Amount”). Each such Transferor Seller shall, or shall cause the Servicer to, use commercially reasonable efforts to ensure that no Collections or other proceeds with respect to a Transferred Receivable so reconveyed to it are paid or deposited into a Collection any Lockbox Account.