Common use of Information from NFC Clause in Contracts

Information from NFC. So long as the Purchased Notes remain outstanding, NFC will furnish to the Agent: (a) a copy of each certificate, opinion, report, statement, notice or other communication (other than investment instructions) furnished by or on behalf of NFC or the Seller to the Indenture Trustee under any Transaction Document, concurrently therewith, and promptly after receipt thereof, a copy of each notice, demand or other communication received by or on behalf of NFC or the Seller under any Transaction Document; (b) such other information (including financial information), documents, records or reports respecting the Trust, the Receivables, the Seller or, to the extent it relates to the origination of Receivables or the servicing of the Trust, NFC, as the Investors or Agent may from time to time reasonably request; (c) as soon as available and in any event within (i) 45 days after the end of each of the first three fiscal quarters of any fiscal year and (ii) 120 days after the end of the last fiscal quarter of any fiscal year, copies of the interim or annual, as applicable, financial statements of NFC, prepared in conformity with generally accepted accounting principles consistently applied; provided, however that NFC shall not be required to deliver its financial statements for fiscal year 2005 and for the first quarter of fiscal 2006 until the earlier to occur of May 31, 2006 and five (5) Business Days after the filing thereof with the SEC; and (d) as soon as possible and in any event within two Business Days after knowledge thereof by a Responsible Officer of NFC, notice of each Event of Default or event which with the giving of notice or the passage of time or both would constitute an Event of Default.

Information from NFC. So long as the Purchased Notes remain Note remains outstanding, NFC will furnish to the Agent: (a) a copy of each certificate, opinion, report, statement, notice or other communication (other than investment instructions) furnished by or on behalf of NFC or the Seller to the Indenture Trustee under any Transaction Document, concurrently therewith, and promptly after receipt thereof, a copy of each notice, demand or other communication received by or on behalf of NFC or the Seller under any Transaction Document; (b) such other information (including financial information), documents, records or reports respecting the Trust, the Receivables, the Seller or, to the extent it relates to the origination of Receivables or the servicing of the Trust, NFC, as the Investors or Agent may from time to time reasonably request; (c) as soon as available and in any event within (i) 45 days after the end of each of the first three fiscal quarters of any fiscal year and (ii) 120 days after the end of the last fiscal quarter of any fiscal year, copies of the interim or annual, as applicable, financial statements of NFC, prepared in conformity with generally accepted accounting principles consistently applied; provided, however that NFC shall not be required to deliver its financial statements for the fiscal year years ended October 31, 2005 and October 31, 2006, or for the first quarter fiscal quarters ended January 31, April 30 and July 31 of 2006, or for the fiscal 2006 quarters ended January 31 and April 30 of 2007, in each case, until the earlier to occur earliest of May (1) July 31, 2006 and 2007, (2) five (5) Business Days after the filing thereof with the SECCommission and (3) the date on which such financial statements are (or any of them is) required to be delivered pursuant to the Credit Agreement; and (d) as soon as possible and in any event within two Business Days after knowledge thereof by a Responsible Officer of NFC, notice of each Event of Default or event which with the giving of notice or the passage of time or both would constitute an Event of Default.

Information from NFC. So long as the Purchased Notes remain Note remains outstanding, NFC will furnish to the Agent: (a) a copy of each certificate, opinion, report, statement, notice or other communication (other than investment instructions) furnished by or on behalf of NFC or the Seller to the Indenture Trustee under any Transaction Document, concurrently therewith, and promptly after receipt thereof, a copy of each notice, demand or other communication received by or on behalf of NFC or the Seller under any Transaction Document; (b) such other information (including financial information), documents, records or reports respecting the Trust, the Receivables, the Seller or, to the extent it relates to the origination of Receivables or the servicing of the Trust, NFC, as the Investors or Agent may from time to time reasonably request; (c) (I) except as provided in immediately succeeding clause (II), as soon as available and in any event within (i) 45 days after the end of each of the first three fiscal quarters of any fiscal year and (ii) 120 days after the end of the last fiscal quarter of any fiscal year, copies of the interim or annual, as applicable, financial statements of NFC, prepared in conformity with generally accepted accounting principles consistently applied; provided, however that NFC shall not be required to deliver its financial statements for fiscal year 2005 applied and for (II) on or before the first quarter earliest of fiscal 2006 until the earlier to occur of May (1) October 31, 2006 and 2007, (2) five (5) Business Days after the filing thereof with the SECCommission and (3) the date on which such financial statements are (or any of them is) required to be delivered pursuant to the Credit Agreement, copies of the interim or annual, as applicable, financial statements of NFC for the fiscal years ended October 31, 2005 and October 31, 2006, for the fiscal quarters ended January 31, April 30 and July 31 of 2006, and for the fiscal quarters ended January 31, April 30 and July 31 of 2007, in each case, prepared in conformity with generally accepted accounting principles consistently applied; and (d) as soon as possible and in any event within two Business Days after knowledge thereof by a Responsible Officer of NFC, notice of each Event of Default or event which with the giving of notice or the passage of time or both would constitute an Event of Default.

Information from NFC. So long as the Purchased Notes remain Note remains outstanding, NFC will furnish to the Agent: (a) a copy of each certificate, opinion, report, statement, notice or other communication (other than investment instructions) furnished by or on behalf of NFC or the Seller to the Indenture Trustee under any Transaction Document, concurrently therewith, and promptly after receipt thereof, a copy of each notice, demand or other communication received by or on behalf of NFC or the Seller under any Transaction Document; (b) such other information (including financial information), documents, records or reports respecting the Trust, the Receivables, the Seller or, to the extent it relates to the origination of Receivables or the servicing of the Trust, NFC, as the Investors or Agent may from time to time reasonably request; (cI) except as provided in immediately succeeding clause (II), as soon as available and in any event within (i) 45 days after the end of each of the first three fiscal quarters of any fiscal year and (ii) 120 days after the end of the last fiscal quarter of any fiscal year, copies of the interim or annual, as applicable, financial statements of NFC, prepared in conformity with generally accepted accounting principles consistently applied; provided, however that NFC shall not be required to deliver its financial statements for fiscal year 2005 applied and for (II) on or before the first quarter earliest of fiscal 2006 until the earlier to occur of May (1) October 31, 2006 and 2007, (2) five (5) Business Days after the filing thereof with the SECCommission and (3) the date on which such financial statements are (or any of them is) required to be delivered pursuant to the Credit Agreement, copies of the interim or annual, as applicable, financial statements of NFC for the fiscal years ended October 31, 2005 and October 31, 2006, for the fiscal quarters ended January 31, April 30 and July 31 of 2006, and for the fiscal quarters ended January 31, April 30 and July 31 of 2007, in each case, prepared in conformity with generally accepted accounting principles consistently applied; and (d) as soon as possible and in any event within two Business Days after knowledge thereof by a Responsible Officer of NFC, notice of each Event of Default or event which with the giving of notice or the passage of time or both would constitute an Event of Default.