Common use of Representations Upon Purchase and Sale Clause in Contracts

Representations Upon Purchase and Sale. Such purchase and sale shall be expressly made without representation or warranty of any kind by ABL Agent or any other ABL Secured Party as to the ABL Debt or otherwise and without recourse to the ABL Secured Parties; except, that, each ABL Secured Party that is transferring such ABL Debt shall represent and warrant, severally as to it: (a) the amount of the ABL Debt being purchased from it is as reflected in the books and records of such ABL Secured Party (but without representation or warranty as to the collectability, validity or enforceability thereof), (b) that such ABL Secured Party owns the ABL Debt being sold by it free and clear of any liens or encumbrances and (c) such ABL Secured Party has the right to assign the ABL Debt being sold by it and the assignment is duly authorized.

Appears in 4 contracts

Samples: Intercreditor Agreement (Rivian Automotive, Inc. / DE), Intercreditor Agreement (Beacon Roofing Supply Inc), Credit Agreement (Supervalu Inc)

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Representations Upon Purchase and Sale. Such purchase and sale shall be expressly made without representation or warranty of any kind by the ABL Agent or any other ABL Secured Party as to the ABL Debt Obligations or otherwise and without recourse to the ABL Secured Parties; except, that, each ABL Secured Party that is transferring such ABL Debt Obligations shall represent and warrant, severally as to it: (ai) the amount of the ABL Debt Obligations being purchased from it is as reflected in the books and records Records of such ABL Secured Party (but without representation or warranty as to the collectability, validity or enforceability thereof), (bii) that such ABL Secured Party owns the ABL Debt Obligations being sold by it free and clear of any liens Liens or encumbrances and (ciii) such ABL Secured Party has the right to assign the ABL Debt Obligations being sold by it and the assignment is duly authorized.

Appears in 1 contract

Samples: Intercreditor Agreement (Independence Contract Drilling, Inc.)

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