Performance by Parties. All the terms, covenants, agreements and conditions of the Sale and Servicing Agreement, Purchase Agreement, each Assignment Agreement, each Transfer Agreement, the Trust Agreement, the Indenture, the Administration Agreement, the Custodian Agreement and this Note Purchase Agreement to be complied with and performed by the Seller, the Owner Trustee, AFL or ARFC II, as applicable, at or before the Closing shall have been complied with and performed in all material respects.
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Performance by Parties. All the terms, covenants, agreements and conditions of the Sale and Servicing Agreement, Purchase Agreement, each Assignment Agreement, each Transfer Agreement, the Trust Agreement, the Indenture, the Administration Agreement, the Custodian Agreement and this Note Certificate Purchase Agreement to be complied with and performed by the Seller, the Owner Trustee, AFL or ARFC II, as applicable, at or before the Closing shall have been complied with and performed in all material respects.
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Sources: Certificate Purchase Agreement (Arcadia Financial LTD)