Common use of Settlement as to Specific Receivables and Dilution Clause in Contracts

Settlement as to Specific Receivables and Dilution. (a) If on the day of purchase or contribution of any Receivable from the Originator hereunder, any of the representations or warranties set forth in Section 5.4, 5.11 or 5.20 is not true with respect to such Receivable or as a result of any action or inaction of the Originator, on any day any of the representations or warranties set forth in Section 5.4, 5.11 or 5.20 is no longer true with respect to such a Receivable, then the Purchase Price with respect to the Receivables purchased hereunder shall be reduced by an amount equal to the Outstanding Balance of such Receivable and shall be accounted to the Originator as provided in subsection (c) below; provided, that if the Company thereafter receives payment on account of Collections due with respect to such Receivable, the Company promptly shall deliver such funds to the Originator.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Adesa Inc), Purchase and Sale Agreement (Adesa California, LLC), Purchase and Sale Agreement (Minnesota Power & Light Co)

AutoNDA by SimpleDocs

Settlement as to Specific Receivables and Dilution. (a) If If, on the day of purchase or contribution of any Receivable from the Originator hereunder, any of the representations or warranties set forth in Section 5.4, 5.11 or 5.20 is Sections 5.4 and 5.12 are not true with respect ------------ ---- to such Receivable or as a result of any action or inaction of the Originator, on any day day, any of the such representations or warranties set forth in Section 5.4, 5.11 or 5.20 Sections 5.4 and 5.12 is no longer ------------ ---- true with respect to such a ReceivableReceivable (other than a representation or warranty set forth in Section 5.12(c)), then the Sale Purchase Price with respect to the such Receivables purchased hereunder shall be reduced by an amount equal to the Outstanding Balance of such Receivable and shall be accounted to the Originator as provided in subsection (c) below; provided, that if the -------------- Company thereafter receives payment on account of Collections due with respect to such Receivable, the Company promptly shall deliver such funds to the Originator.

Appears in 1 contract

Samples: Sale Agreement (KPMG Consulting Inc)

Settlement as to Specific Receivables and Dilution. (a) If on the day of purchase or contribution of any Receivable from the Originator hereunder, any of the representations or warranties set forth in Section SECTION 5.4, 5.11 or 5.20 is not true with respect to such Receivable or as a result of any action or inaction of the Originator, on any day any of the representations or warranties set forth in Section 5.4, SECTION 5.4 or 5.11 or 5.20 is no longer true with respect to such a Receivable, then the Purchase Price with respect to the Receivables purchased hereunder shall be reduced by an amount equal to the Outstanding Balance of such Receivable and shall be accounted to the Originator as provided in subsection SUBSECTION (c) below; providedPROVIDED, that if the Company thereafter receives payment on account of Collections due with respect to such Receivable, the Company promptly shall deliver such funds to the Originator.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Allete)

AutoNDA by SimpleDocs

Settlement as to Specific Receivables and Dilution. (a) If on the day of purchase or contribution of any Receivable from the Originator hereunder, any of the representations or warranties set forth in Section SECTION 5.4, 5.11 or 5.20 is not true with respect to such Receivable or as a result of any action or inaction of the Originator, on any day any of the representations or warranties set forth in Section SECTION 5.4, 5.11 or 5.20 is no longer true with respect to such a Receivable, then the Purchase Price with respect to the Receivables purchased hereunder shall be reduced by an amount equal to the Outstanding Balance of such Receivable and shall be accounted to the Originator as provided in subsection SUBSECTION (c) below; providedPROVIDED, that if the Company thereafter receives payment on account of Collections due with respect to such Receivable, the Company promptly shall deliver such funds to the Originator.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Allete Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.