Common use of Data Tape Clause in Contracts

Data Tape. The Data Tape prepared as of October 31,2004 previously delivered to Parent and Merger Sub is true and correct, contains all of the information it purports to contain and fairly presents, in all material respects, the information contained therein. Section 3.28 of the Company Disclosure Schedule accurately sets out a description of the meanings of the codes that are used on the Data Tape. The Data Tape includes all loans in the Student Loan Portfolio as of the date thereof. For purposes of this Agreement, “Data Tape” means, as of the relevant date, a data storage disk produced by the Company from its management information system setting forth the applicable information for each loan in the Student Loan Portfolio in the form set forth in Section 3.28 of the Company Disclosure Schedule.