Common use of Time of Sale Information Clause in Contracts

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor by any Underwriter through the Representatives expressly for use in such Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c).

Appears in 13 contracts

Samples: Administration Agreement (CAB West LLC), Underwriting Agreement (Ford Credit Auto Owner Trust 2011-B), Underwriting Agreement (Ford Credit Auto Lease Trust 2012-A)

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Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the such Depositor makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the such Depositor by any Underwriter through the Representatives expressly for use in such Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the such Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the such Depositor in accordance with Section 5(c).

Appears in 12 contracts

Samples: Sale and Servicing Agreement (Ford Credit Floorplan Master Owner Trust a Series 2011-2), Underwriting Agreement (Ford Credit Floorplan Master Owner Trust A), Administration Agreement (Ford Credit Floorplan Master Owner Trust a Series 2012-4)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor by any an Underwriter through the Representatives expressly for use in such Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c).

Appears in 8 contracts

Samples: Underwriting Agreement (Ford Credit Auto Owner Trust 2010-A), Underwriting Agreement (Ford Credit Auto Owner Trust 2009-D), Underwriting Agreement (Ford Credit Auto Owner Trust 2008-C)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the such Depositor makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the such Depositor by any an Underwriter through the Representatives expressly for use in such Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the such Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the such Depositor in accordance with Section 5(c).

Appears in 5 contracts

Samples: Underwriting Agreement (Ford Credit Floorplan Corp), Underwriting Agreement (Ford Credit Floorplan Corp), Underwriting Agreement (Ford Credit Floorplan Corp)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes no representation and or warranty with respect to regarding any statements or omissions made in reliance upon on and in conformity with information furnished to the Depositor by any Underwriter through the Representatives expressly for use in such the Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c).

Appears in 5 contracts

Samples: Underwriting Agreement (Ford Credit Floorplan Master Owner Trust A), Underwriting Agreement (Ford Credit Floorplan Master Owner Trust A), Underwriting Agreement (Ford Credit Floorplan Master Owner Trust A)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided provided, that the Depositor makes no representation and or warranty with respect to about any statements or omissions made in reliance upon on and in conformity with information furnished to the Depositor by any Underwriter through the Representatives expressly for use in such the Time of Sale Information; provided provided, that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c).

Appears in 4 contracts

Samples: Underwriting Agreement (Ford Credit Auto Lease Trust 2015-A), Underwriting Agreement (Ford Credit Auto Lease Trust 2014-B), Underwriting Agreement (Ford Credit Auto Lease Trust 2015-B)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor by any Underwriter through the Representatives expressly for use in such the Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c).

Appears in 4 contracts

Samples: Underwriting Agreement (Ford Credit Auto Owner Trust 2015-B), Underwriting Agreement (Ford Credit Auto Owner Trust 2014-B), Underwriting Agreement (Ford Credit Auto Owner Trust 2014-C)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided provided, that the Depositor makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor by any Underwriter through the Representatives expressly for use in such Time of Sale Information; provided provided, that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c).

Appears in 2 contracts

Samples: Underwriting Agreement (Ford Credit Auto Lease Trust 2012-B), Underwriting Agreement (Ford Credit Auto Lease Trust 2013-A)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided provided, that the Depositor makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor by any Underwriter through the Representatives expressly for use in such Time of Sale Information; provided provided, that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c).

Appears in 2 contracts

Samples: Underwriting Agreement (Ford Credit Auto Lease Trust 2013-B), Underwriting Agreement (Ford Credit Auto Lease Trust 2014-A)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor by any an Underwriter through the Representatives expressly for use in such Time of Sale Information; , provided that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraphparagraph as it refers to the Closing Date, Time of Sale Information will include any information available to purchasers on the Closing Date including Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c)Information.

Appears in 2 contracts

Samples: Ford Credit Auto Receivables Two LLC, Ford Credit Auto Receivables Two LLC

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes no representation and or warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor by any Underwriter through the Representatives expressly for use in such Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c).

Appears in 2 contracts

Samples: Underwriting Agreement (Ford Credit Auto Owner Trust 2014-A), Underwriting Agreement (Ford Credit Auto Owner Trust 2013-D)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor by any an Underwriter through the Representatives expressly for use in such Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c).

Appears in 2 contracts

Samples: Administration Agreement (Ford Credit Auto Owner Trust 2011-A), Underwriting Agreement (Ford Credit Auto Owner Trust 2010-B)

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Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Settlement Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor by any an Underwriter through the Representatives expressly for use in such Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Settlement Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c).

Appears in 2 contracts

Samples: Underwriting Agreement (Ford Credit Auto Owner Trust 2010-B), Underwriting Agreement (Ford Credit Auto Owner Trust 2010-B)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes Depositors make no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor Depositors by any an Underwriter through the Representatives expressly for use in such Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor Depositors and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein therein, in the light of the circumstances under which they were made made, not misleading, for purposes of this paragraphparagraph as it refers to the Closing Date, Time of Sale Information will shall include any Corrective Information provided to the Representatives or the Underwriters by the Depositor Depositors in accordance with Section 5(c).

Appears in 2 contracts

Samples: Underwriting Agreement (Ford Credit Floorplan Master Owner Trust a Series 2006-3), Underwriting Agreement (Ford Credit Floorplan Master Owner Trust a Series 2006-4)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes Depositor[s] make[s] no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor Depositor[s] by any an Underwriter through the Representatives expressly for use in such Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor Depositor[s] and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein therein, in the light of the circumstances under which they were made made, not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor Depositor[s] in accordance with Section 5(c).

Appears in 1 contract

Samples: Underwriting Agreement (Ford Credit Floorplan LLC)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes Depositor[s] make[s] no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor Depositor[s] by any an Underwriter through the Representatives expressly for use in such Time of Sale Information; , provided that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor Depositor[s] and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein therein, in the light of the circumstances under which they were made made, not misleading, for purposes of this paragraphparagraph as it refers to the Closing Date, Time of Sale Information will include any information available to purchasers on the Closing Date including Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c)Information.

Appears in 1 contract

Samples: Underwriting Agreement (Ford Credit Floorplan LLC)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Depositor makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Depositor by any an Underwriter through the Representatives expressly for use in such Time of Sale Information; , provided that if subsequent to the Time of Sale but prior to or on the Closing Date the Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraphparagraph as it refers to the Closing Date, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the Depositor in accordance with Section 5(c).

Appears in 1 contract

Samples: Ford Credit Auto Receivables Two LLC

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the such Depositor makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the such Depositor by any an Underwriter through the Representatives expressly for use in such Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the such Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the such Depositor in accordance with Section 5(c).

Appears in 1 contract

Samples: Underwriting Agreement (Ford Credit Floorplan Master Owner Trust a Series 2009-2)

Time of Sale Information. The Time of Sale Information, at the Time of Sale did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the [such]/[the] Depositor makes no representation and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the [such]/[the] Depositor by any an Underwriter through the Representatives expressly for use in such Time of Sale Information; provided that if subsequent to the Time of Sale but prior to or on the Closing Date the [such]/[the] Depositor and the Representatives determine that the Time of Sale Information included an untrue statement of material fact or omitted to state a material fact necessary to make the statements therein in the light of the circumstances under which they were made not misleading, for purposes of this paragraph, Time of Sale Information will include any Corrective Information provided to the Representatives or the Underwriters by the [such]/[the] Depositor in accordance with Section 5(c).

Appears in 1 contract

Samples: Underwriting Agreement (Ford Credit Floorplan Corp)

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