Common use of Repurchase of Receivables Upon Breach of Warranty Clause in Contracts

Repurchase of Receivables Upon Breach of Warranty. Upon ------------------------------------------------- discovery by the Seller, the Servicer or either Trustee of a breach of any of the representations and warranties in Section 3.01 of the Purchase Agreement (and, with respect to subsection 3.01(j) of the Purchase Agreement, irrespective of any limitation regarding knowledge of NFC) or in Section 2.05 or Section 6.01 of this Agreement that materially and adversely affects the interests of the Securityholders in any Receivable, the party discovering such breach shall give prompt written notice thereof to the others. As of the second Accounting Date following its discovery or its receipt of notice of breach (or, at the Seller's election, the first Accounting Date following such discovery), unless such breach shall have been cured in all material respects, in the event of a breach of the representations and warranties made by the Seller in Section 2.05 or Section 6.01, the Seller shall repurchase such Receivable from the Owner Trustee on the related Distribution Date. The Owner Trustee shall have no affirmative duty to conduct any investigation as to the occurrence of any event requiring the repurchase of any Receivable pursuant to this Section 2.06. The repurchase price to be paid by any Warranty Purchaser shall be an amount equal to the Warranty Payment. It is understood and agreed that the obligation of the Warranty Purchaser to repurchase any Receivable as to which a breach has occurred and is continuing shall, if such repurchase obligations are fulfilled, constitute the sole remedy against the Seller, the Servicer or NFC for such breach available to any Interested Party. The Servicer acknowledges its obligations to repurchase Administrative Receivables from the Owner Trustee pursuant to Section 3.08 hereof and to repurchase Warranty Receivables pursuant to Section 5.04 of the Purchase Agreement.

Repurchase of Receivables Upon Breach of Warranty. Upon ------------------------------------------------- discovery by the Seller, the Servicer or either Trustee of a breach of any of the representations and warranties in Section 3.01 of the Purchase Agreement (and, with respect to subsection 3.01(j) of the Purchase Agreement, irrespective of any limitation regarding knowledge of NFC) or in Section 2.05 or Section 6.01 of this Agreement that materially and adversely affects the interests of the Securityholders Financial Parties in any Receivable, the party discovering such breach shall give prompt written notice thereof to the others. As of the second Accounting Date following its discovery or its receipt of notice of breach (or, at the Seller's election, the first Accounting Date following such discovery), unless such breach shall have been cured in all material respects, in the event of a breach of the representations and warranties made by the Seller in Section 2.05 or Section 6.01, the Seller shall repurchase such Receivable from the Owner Trustee on the related Distribution Date. The Owner Trustee shall have no affirmative duty to conduct any investigation as to the occurrence of any event requiring the repurchase of any Receivable pursuant to this Section 2.06. The repurchase price to be paid by any Warranty Purchaser shall be an amount equal to the Warranty Payment. It is understood and agreed that the obligation of the Warranty Purchaser to repurchase any Receivable as to which a breach has occurred and is continuing shall, if such repurchase obligations are fulfilled, constitute the sole remedy against the Seller, the Servicer or NFC for such breach available to any Interested Party. The Servicer acknowledges its obligations to repurchase Administrative Receivables from the Owner Trustee pursuant to Section 3.08 hereof and to repurchase Warranty Receivables pursuant to Section 5.04 of the Purchase Agreement.

Repurchase of Receivables Upon Breach of Warranty. Upon ------------------------------------------------- discovery by the Seller, the Servicer or either Trustee of a breach of any of the representations and warranties in Section 3.01 of the Purchase Agreement (and, with respect to subsection Section 3.01(j) of the Purchase Agreement, irrespective of any limitation regarding knowledge of NFC) or in Section 2.05 or Section 6.01 3.01 of this Agreement that materially and adversely affects the interests of the Securityholders Financial Parties in any Receivable, the party discovering such breach shall give prompt written notice thereof to the others. As of the second Accounting Date following its discovery or its receipt of notice of breach (or, at the Seller's election, the first Accounting Date following such discoverydiscovery or notice), unless such breach shall have been cured in all material respects, in the event of a breach of the representations and warranties made by the Seller in Section 2.05 or Section 6.013.01, the Seller shall repurchase such Receivable from the Owner Trustee Issuer on the related Distribution Date. The Neither the Owner Trustee nor the Issuer shall have no any affirmative duty to conduct any investigation as to the occurrence of any event requiring the repurchase of any Receivable pursuant to this Section 2.06. The repurchase price to be paid by any Warranty Purchaser shall be an amount equal to the Warranty Payment. It is understood and agreed that the obligation of the Warranty Purchaser to repurchase any Receivable as to which a breach has occurred and is continuing shall, if such repurchase obligations are fulfilled, constitute the sole remedy against the Seller, the Servicer or NFC for such breach available to any Interested Party. The Servicer acknowledges its obligations to repurchase Administrative Receivables from the Owner Trustee pursuant to Section 3.08 hereof and to repurchase Warranty Receivables pursuant to Section 5.04 of the Purchase Agreement.

Repurchase of Receivables Upon Breach of Warranty. Upon ------------------------------------------------- discovery by the Seller, the Servicer or either Trustee of a breach of any of the representations and warranties in Section 3.01 of the Purchase Agreement (and, with respect to subsection 3.01(j) of the Purchase Agreement, irrespective of any limitation regarding knowledge of NFC) or in Section 2.05 or Section 6.01 3.01 of this Agreement that materially and adversely affects the interests of the Securityholders in any Receivable, the party discovering such breach shall give prompt written notice thereof to the others. As of the second Accounting Date following its discovery or its receipt of notice of breach (or, at the Seller's election, the first Accounting Date following such discoverydiscovery or notice), unless such breach shall have been cured in all material respects, in the event of a breach of the representations and warranties made by the Seller in Section 2.05 or Section 6.013.01, the Seller shall repurchase such Receivable from the Owner Trustee Issuer on the related Distribution Date. The Neither the Owner Trustee Trustee, nor the Issuer shall have no any affirmative duty to conduct any investigation as to the occurrence of any event requiring the repurchase of any Receivable pursuant to this Section 2.06. The repurchase price to be paid by any Warranty Purchaser shall be an amount equal to the Warranty Payment. It is understood and agreed that the obligation of the Warranty Purchaser to repurchase any Receivable as to which a breach has occurred and is continuing shall, if such repurchase obligations are fulfilled, constitute the sole remedy against the Seller, the Servicer or NFC for such breach available to any Interested Party. The Servicer acknowledges its obligations to repurchase Administrative Receivables from the Owner Trustee pursuant to Section 3.08 hereof and to repurchase Warranty Receivables pursuant to Section 5.04 of the Purchase Agreement.

Repurchase of Receivables Upon Breach of Warranty. Upon ------------------------------------------------- discovery by the Seller, the Servicer or either Trustee of a breach of any of the representations and warranties in Section 3.01 of the Purchase Agreement (and, with respect to subsection Section 3.01(j) of the Purchase Agreement, irrespective of any limitation regarding knowledge of NFC) or in Section 2.05 or Section 6.01 3.01 of this Agreement that materially and adversely affects the interests of the Securityholders Financial Parties in any Receivable, the party discovering such breach shall give prompt written notice thereof to the others. As of the second Accounting Date following its discovery or its receipt of notice of breach (or, at the Seller's ’s election, the first Accounting Date following such discoverydiscovery or notice), unless such breach shall have been cured in all material respects, in the event of a breach of the representations and warranties made by the Seller in Section 2.05 or Section 6.013.01 of this Agreement, the Seller shall repurchase such Receivable from the Owner Trustee Issuer on the related Distribution Date. The Neither the Owner Trustee nor the Issuer shall have no any affirmative duty to conduct any investigation as to the occurrence of any event requiring the repurchase of any Receivable pursuant to this Section 2.06. The repurchase price to be paid by any Warranty Purchaser shall be an amount equal to the Warranty PaymentPayment and shall be deposited by the Warranty Purchaser into the Collection Account on the Transfer Date for the related Distribution Date. It is understood and agreed that the obligation of the Warranty Purchaser to repurchase any Receivable as to which a breach has occurred and is continuing shall, if such repurchase obligations are fulfilled, constitute the sole remedy against the Seller, the Servicer or NFC for such breach available to any Interested Party. The Servicer acknowledges its obligations to repurchase Administrative Receivables from the Owner Trustee pursuant to Section 3.08 hereof and to repurchase Warranty Receivables pursuant to Section 5.04 of the Purchase Agreement.

Repurchase of Receivables Upon Breach of Warranty. Upon ------------------------------------------------- discovery by the Seller, the Servicer or either Trustee of a breach of any of the representations and warranties in Section 3.01 of the Purchase Agreement (and, with respect to subsection Section 3.01(j) of the Purchase Agreement, irrespective of any limitation regarding knowledge of NFC) or in Section 2.05 or Section 6.01 3.01 of this Agreement that materially and adversely affects the interests of the Securityholders Financial Parties in any Receivable, the party discovering such breach shall give prompt written notice thereof to the others. As of the second Accounting Date following its discovery or its receipt of notice of breach (or, at the Seller's ’s election, the first Accounting Date following such discoverydiscovery or notice), unless such breach shall have been cured in all material respects, in the event of a breach of the representations and warranties made by the Seller in Section 2.05 or Section 6.013.01, the Seller shall repurchase such Receivable from the Owner Trustee Issuer on the related Distribution Date. The Neither the Owner Trustee nor the Issuer shall have no any affirmative duty to conduct any investigation as to the occurrence of any event requiring the repurchase of any Receivable pursuant to this Section 2.06. The repurchase price to be paid by any Warranty Purchaser shall be an amount equal to the Warranty Payment. It is understood and agreed that the obligation of the Warranty Purchaser to repurchase any Receivable as to which a breach has occurred and is continuing shall, if such repurchase obligations are fulfilled, constitute the sole remedy against the Seller, the Servicer or NFC for such breach available to any Interested Party. The Servicer acknowledges its obligations to repurchase Administrative Receivables from the Owner Trustee pursuant to Section 3.08 hereof and to repurchase Warranty Receivables pursuant to Section 5.04 of the Purchase Agreement.

Repurchase of Receivables Upon Breach of Warranty. Upon ------------------------------------------------- discovery by the Seller, the Servicer or either Trustee of a breach of any of the representations and warranties in Section 3.01 of the Purchase Agreement (and, with respect to subsection 3.01(j) of the Purchase Agreement, irrespective of any limitation regarding knowledge of NFC) or in Section 2.05 or Section 6.01 of this Agreement that materially and adversely affects the interests of the Securityholders in any Receivable, the party discovering such breach shall give prompt written notice thereof to the others. As of the second Accounting Date following its discovery or its receipt of notice of breach (or, at the Seller's election, the first Accounting Date following such discovery), unless such breach shall have been cured in all material respects, in the event of a breach of the representations and warranties made by the Seller in Section 2.05 or Section 6.01, the Seller shall repurchase such Receivable from the Owner Trustee on the related Distribution Date. The Owner Trustee shall have no affirmative duty to conduct any investigation as to the occurrence of any event requiring the repurchase of any Receivable pursuant to this Section 2.06. The repurchase price to be paid by any Warranty Purchaser shall be an amount equal to the Warranty Payment. It is understood and agreed that the obligation of the Warranty Purchaser to repurchase any Receivable as to which a breach has occurred and is continuing shall, if such repurchase obligations are fulfilled, constitute the sole remedy against the Seller, the Servicer or NFC for such breach available to any Interested Party. The Servicer acknowledges its obligations to repurchase Administrative Receivables from the Owner Trustee pursuant to Section 3.08 hereof and to repurchase Warranty Receivables pursuant to Section 5.04 of the Purchase Agreement.

Repurchase of Receivables Upon Breach of Warranty. Upon ------------------------------------------------- discovery by the Seller, Seller or the Servicer or either Trustee of a breach of any of the representations and warranties in Section 3.01 of the Purchase Sale Agreement (and, with ------------ respect to subsection Subsection 3.01(j) of the Purchase Sale Agreement, irrespective of any ------------------ limitation regarding knowledge of NFC) or in Section 2.05 or Section 6.01 Article III of this Agreement that materially and adversely affects the interests of the Securityholders a Purchaser in any Receivable, the party discovering such breach shall give prompt written notice thereof to the othersAgent and the Purchasers. As of the second Accounting Settlement Date following its discovery or its receipt of notice of such a breach (or, if a Servicer Default has occurred and is continuing, or, at the Sellerapplicable Seller Party's election, the first Accounting Date following such discovery), unless such breach shall have been cured in all material respects, in the event of a breach applicable Seller Party shall repurchase the interests of the representations and warranties made by the Seller Purchasers in Section 2.05 or Section 6.01, the Seller shall repurchase such Receivable from the Owner Trustee Purchasers on the related Distribution Settlement Date. The Owner Trustee A Purchaser shall have no affirmative duty to conduct any investigation as to the occurrence of any event requiring the repurchase of any Receivable pursuant to this Section 2.065.1(i). The repurchase price to be paid by any Warranty Purchaser shall be an amount equal to the Warranty Payment. It is understood and agreed that the obligation of the Warranty Purchaser to repurchase any Receivable as to which a breach has occurred and is continuing shall, if such repurchase obligations are fulfilled, constitute the sole remedy against the Seller, the Servicer or NFC for such breach available to any Interested Party. The Servicer acknowledges its obligations to repurchase Administrative Receivables from the Owner Trustee pursuant to Section 3.08 hereof and to repurchase Warranty Receivables pursuant to Section 5.04 of the Purchase Agreement.--------------

Repurchase of Receivables Upon Breach of Warranty. Upon ------------------------------------------------- discovery by the Seller, the Servicer or either Trustee of a breach of any of the representations and warranties in Section 3.01 of the Purchase Agreement (and, with respect to subsection Section 3.01(j) of the Purchase Agreement, irrespective of any limitation regarding knowledge of NFC) or in Section 2.05 or Section 6.01 3.01 of this Agreement that materially and adversely affects the interests of the Securityholders Financial Parties in any Receivable, the party discovering such breach shall give prompt written notice thereof to the others. As of the second Accounting Date following its discovery or its receipt of notice of breach (or, at the Seller's election, the first Accounting Date following such discoverydiscovery or notice), unless such breach shall have been cured in all material respects, in the event of a breach of the representations and warranties made by the Seller in Section 2.05 or Section 6.013.01, the Seller shall repurchase such Receivable from the Owner Trustee Issuer on the related Distribution Date. The Neither the Owner Trustee nor the Issuer shall have no any affirmative duty to conduct any investigation as to the occurrence of any event requiring the repurchase of any Receivable pursuant to this Section 2.06. The repurchase price to be paid by any Warranty Purchaser shall be an amount equal to the Warranty Payment. It is understood and agreed that the obligation of the Warranty Purchaser to repurchase any Receivable as to which a breach has occurred and is continuing shall, if such repurchase obligations are fulfilled, constitute the sole remedy against the Seller, the Servicer Servicer, NFC or NFC Harco Leasing for such breach available to any Interested Party. The Servicer acknowledges its obligations to repurchase Administrative Receivables from the Owner Trustee pursuant to Section 3.08 hereof and to repurchase Warranty Receivables pursuant to Section 5.04 of the Purchase Agreement.