Common use of Material Misrepresentations Clause in Contracts

Material Misrepresentations. Any representation or warranty made --------------------------- by the Seller, Federal-Mogul or any other Originator in any Transaction Document to which it is a party: (i) shall prove to have been incorrect in any material respect when made, and shall continue to be incorrect in any material respect for a period of 10 days after the earlier to occur of (A) the date on which written notice of such failure, requiring the same to be remedied, shall have been given to the Seller by any Agent, or (B) the date on which the Seller, the Servicer, Federal-Mogul or such Originator, as applicable, becomes aware of such failure, and (ii) as a result of such incorrectness, a Material Adverse Effect occurs; provided, however, that an Amortization Event shall not be deemed to have occurred under this paragraph if the misrepresentation related to a specific Receivable and the Seller has repurchased the related Receivable or all such Receivables, if applicable, during such period in accordance with the provisions of this Agreement;

Appears in 1 contract

Sources: Receivable Interest Purchase Agreement (Federal Mogul Corp)

Material Misrepresentations. Any representation or warranty made --------------------------- by the Seller, Federal-Mogul or any other Originator in any Transaction Document to which it is a party: (i) shall prove to have been incorrect in any material respect when made, and shall continue to be incorrect in any material respect for a period of 10 days after the earlier to occur of (A) the date on which written notice of such failure, requiring the same to be remedied, shall have been given to the Seller by any the Agent, or (B) the date on which the Seller, the Servicer, Federal-Mogul or such Originator, as applicable, becomes aware of such failure, and (ii) as a result of such incorrectness, a Material Adverse Effect occurs; provided, however, that an Amortization Event shall not be deemed to have occurred under this paragraph if the misrepresentation related to a specific Receivable and the Seller has repurchased the related Receivable or all such Receivables, if applicable, during such period in accordance with the provisions of this Agreement;

Appears in 1 contract

Sources: Receivable Interest Purchase Agreement (Federal Mogul Corp)

Material Misrepresentations. Any representation or warranty made --------------------------- by the Seller, Seller or Federal-Mogul or any other Originator in any Transaction Document to which it is a party: (i) shall prove to have been incorrect in any material respect when made, and shall continue to be incorrect in any material respect for a period of 10 days after the earlier to occur of (A) the date on which written notice of such failure, requiring the same to be remedied, shall have been given to the Seller by any the Agent, or (B) the date on which the Seller, the Servicer, Servicer or Federal-Mogul or such OriginatorMogul, as applicable, becomes aware of such failure, and (ii) as a result of such incorrectness, a Material Adverse Effect occurs; providedPROVIDED, howeverHOWEVER, that an Amortization Event shall not be deemed to have occurred under this paragraph if the misrepresentation related to a specific Receivable and the Seller has repurchased the related Receivable or all such Receivables, if applicable, during such period in accordance with the provisions of this Agreement;

Appears in 1 contract

Sources: Receivable Interest Purchase Agreement (Federal Mogul Corp)