Covenants, Representations and Warranties of the Seller. 3.1 Upon the effectiveness of this Amendment, the Seller hereby reaffirms all covenants, representations and warranties made by it in the RPA and agrees that all such covenants, representations and warranties shall be deemed to have been remade as of the effective date of this Amendment.
Covenants, Representations and Warranties of the Seller. The Seller ------------------------------------------------------- represents and warrants to, and covenants with, the Purchaser that:
Covenants, Representations and Warranties of the Seller. The Seller agrees, represents, warrants with and to SCTSC both now and with each transaction contemplated hereunder that:
Covenants, Representations and Warranties of the Seller. 3.01. Upon the effectiveness of this Amendment, each of the Seller and the Servicer hereby reaffirms all covenants, representations and warranties made by it in the Receivables Purchase Agreement, as further amended by this Amendment, and agrees that all such covenants, representations and warranties shall be deemed to have been remade as of the Effective Date.
Covenants, Representations and Warranties of the Seller. (1) The Seller hereby gives and makes on and as of the date hereof, to and for the benefit of the Series 2022-1 Co-Owner, those covenants, representations and warranties set forth in Sections 2.3, 2.4 and 2.6 of the Pooling and Servicing Agreement contemplated to be given or made on a Closing Date, to the same effect as if such covenants, representations and warranties were set forth herein in full. For the purposes of Sections 2.3(1)(e) and 8.2(1)(f) of the Pooling and Servicing Agreement, the following proceedings are disclosed: in May 2014, the Seller, CTS and Canadian Tire were served with an action before the Court of Queen’s Bench of Saskatchewan. Also named as defendants were Mastercard, Visa, several other banks and two national retailers. The class action alleges that the defendants have conspired to create and impose rules that have resulted in merchants paying more for credit card acceptance than they would have in a truly free and competitive marketplace. The class action has not yet been certified. The class is all merchants in Canada who accepted Visa or Mastercard branded credit cards commencing in 1992. The claim seeks compensatory damages and a disgorgement of fees. The plaintiff is also seeking punitive damages and injunctive relief. In 2015, the Court in Saskatchewan made an order staying this class action pending resolution of other similar class actions related to merchant fees. A settlement has been reached and approved by the Court in the other similar class actions. The Seller is not a party to this class action. The Seller hereby agrees to indemnify and save the Series 2022-1 Co- Owner harmless from and against any liability, claim, expense, reduction in payment and damages incurred by it that results from or in connection with the proceedings disclosed above. In particular but without duplication, if an Obligor validly sets off against outstanding Receivables owed by it the amount due to such Obligor under a favourable judgment of a court ruling against CT Bank under such proceeding, the Seller shall deposit the set-off amount with the Servicer and such deposit shall be a Miscellaneous Deposit by the Seller in respect of such Receivables for all purposes under the Pooling and Servicing Agreement.
Covenants, Representations and Warranties of the Seller. (a) The Seller hereby gives and makes on and as of the date hereof, to and for the benefit of the Co-Owner, those covenants, representations and warranties set forth in Sections 2.03 and 2.04 of the Pooling and Servicing Agreement contemplated to be given or made on the Closing Date, to the same effect as if such covenants, representations and warranties were set forth herein in full.
Covenants, Representations and Warranties of the Seller and the Servicer. ----------------
Covenants, Representations and Warranties of the Seller. 5.1 Upon the effectiveness of this Amendment, (i) each of the Seller and the Servicer hereby reaffirms all covenants, representations and warranties made by it in the Receivables Purchase Agreement and agrees that all such covenants, representations and warranties shall be deemed to have been remade as of the effective date of this Amendment and (ii) AGCO hereby reaffirms all covenants, representations and warranties made by it in the Originator Sale Agreement and agrees that all such covenants, representations and warranties shall be deemed to have been remade as of the effective date of this Amendment.
Covenants, Representations and Warranties of the Seller. 3.1 The Seller covenants with and represents and warrants to the Company as follows, and acknowledges that the Company is relying upon such covenants, representations and warranties in connection with the execution of this Agreement:
Covenants, Representations and Warranties of the Seller. (1) The Seller hereby gives and makes on and as of the date hereof, to and for the benefit of the Series 2019-1 Co-Owner, those covenants, representations and warranties set forth in Sections 2.3, 2.4 and 2.6 of the Pooling and Servicing Agreement contemplated to be given or made on a Closing Date, to the same effect as if such covenants, representations and warranties were set forth herein in full. For the purposes of Sections 2.3(1)(e) and 8.2(1)(f) of the Pooling and Servicing Agreement, the following proceedings are disclosed: (A) In October, 2004, a motion for authorization to proceed with a class action against the Seller and a number of other banks was filed by a Quebec-based consumers’ group. The class action alleges that the cash advance transaction fees charged by the Seller (and other banks) are not permitted under the Consumer Protection Act (Quebec). The claim seeks a return of all fees assessed against cardholders for cash advances, plus interest and punitive damages of $200 per class member. The class action was certified against CT Bank on November 1, 2006. The class is comprised of all persons in Quebec who have a credit card agreement with CT Bank and who have paid fees for cash advances in Canada or abroad between October 1, 2001 and September 30, 2010. The agreement signed between CT Bank and the plaintiff to settle this action was submitted to the Court for approval. The Court did not approve it in view of the amount of fees payable to class counsel which are considered too high. The parties are currently considering their options; and
