Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 10 contracts
Samples: Pooling and Servicing Agreement (Metris Master Trust), Pooling and Servicing Agreement (Metris Master Trust), Pooling and Servicing Agreement (Metris Companies Inc)
Notice of Breach. The representations and warranties set forth in this Section 2.4 2.04 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.42.04, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust)
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Bank Corporate Card Master Trust)
Notice of Breach. The representations and warranties set forth in this Section 2.4 2.04 shall survive the transfer and assignment of the respective Receivables to the TrustTrustee. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.42.04, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (BA Credit Card Trust), Pooling and Servicing Agreement (BA Master Credit Card Trust II), Pooling and Servicing Agreement (BA Master Credit Card Trust II)
Notice of Breach. The representations and warranties set forth in this Section 2.4 2.4(a) shall survive the transfer and assignment of the respective Receivables to the TrustTrust and the pledge to the Indenture Trustee under the Indenture. Upon discovery by the Transferor, the Servicer Owner Trustee, the Indenture Trustee, the Servicer, or a Responsible Officer of the Trustee any Agent, of a breach of any of the representations and warranties set forth in this Section 2.4, 2.4(a) the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees and to cooperate with the Servicer and the Trustee in attempting to cure any such breachEnhancement Providers.
Appears in 4 contracts
Samples: Trust Sale and Servicing Agreement (Volkswagen Credit Auto Master Owner Trust), Trust Sale and Servicing Agreement (Wodfi LLC), Trust Sale and Servicing Agreement (Volkswagen Dealer Finance LLC)
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (First National Bank of Commerce), Pooling and Servicing Agreement (Mellon Bank Premium Finance Master Trust), Pooling and Servicing Agreement (First National Bank of Commerce)
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the TrustTrust and the issuance of the Certificates. Upon discovery by the TransferorSeller, the Servicer Servicer, any Agent or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees and to cooperate with the Servicer and the Trustee in attempting to cure any such breachEnhancement Providers.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (CDF Funding, Inc.), Pooling and Servicing Agreement (Distribution Financial Services Floorplan Master Trust), Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the TrustTrust and the termination of the rights and obligations of the Servicer pursuant to Section 10.1. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice thereof to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breachothers.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Proffitts Credit Card Master Trust), Pooling and Servicing Agreement (Proffitts Credit Card Master Trust), Pooling and Servicing Agreement (Proffitts Credit Corp)
Notice of Breach. The representations and warranties set forth in this Section 2.4 2.04 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the TransferorSeller, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.42.04, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor Seller agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (BA Credit Card Trust), Pooling and Servicing Agreement (BA Credit Card Trust)
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a material breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Dillard Asset Funding Co), Pooling and Servicing Agreement (Dillard Asset Funding Co)
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables Included Leases and related Equipment to the Trust, and termination of the rights and obligations of the Servicer pursuant to Section 10.1. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the foregoing representations and warranties set forth in this Section 2.4warranties, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer others and the Trustee in attempting to cure any such breachEnhancement Provider.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement and Indenture of Trust (American Finance Group Inc /De/), Pooling and Servicing Agreement (PLM International Inc)
Notice of Breach. The representations and warranties set forth in this ---------------- Section 2.4 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Greentree Floorplan Funding Corp), Pooling and Servicing Agreement (Greentree Floorplan Funding Corp)
Notice of Breach. The representations and warranties set forth in ---------------- this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Chase Manhattan Bank Usa), Pooling and Servicing Agreement (Chase Manhattan Bank Usa)
Notice of Breach. The representations and warranties set forth in this Section 2.4 2.04 shall survive the transfer and assignment of the respective Receivables to the TrustTrust and the termination of the rights and obligations of the Servicer pursuant to Section 10.01. Upon discovery by the either Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.42.04, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breachothers.
Appears in 2 contracts
Samples: Master Pooling and Servicing Agreement (American Express Centurion Bank), Pooling and Servicing Agreement (American Express Centurion Bank)
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.. (d)
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First National Bank of Commerce)
Notice of Breach. The representations and warranties set forth ---------------- in this Section 2.4 2.04 shall survive the transfer and assignment of the respective Receivables to the TrustTrust and the issuance of the Certificates. Upon discovery by the TransferorDepositor, the Servicer Servicer, any Agent or a Responsible Officer of the Trustee of a breach breach, of any of the representations and warranties set forth in this Section 2.42.04, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees and to cooperate with the Servicer and the Trustee in attempting to cure any such breachEnhancement Providers.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)
Notice of Breach. The representations and warranties set ----------------- forth in this Section 2.4 2.04 shall survive the transfer and assignment of the respective Receivables to the TrustTrust and the issuance of the Certificates. Upon discovery by the Transferor, the Servicer Master Servicer, any Agent or a Responsible Officer of the Trustee of a breach breach, of any of the representations and warranties set forth in this Section 2.42.04, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees and to cooperate with the Servicer and the Trustee in attempting to cure any such breachEnhancement Providers.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ford Credit Auto Receivables LLC)
Notice of Breach. The representations and warranties set forth in this Section 2.4 2.04 shall survive the transfer and assignment of the respective Receivables to the TrustTrust and the issuance of the Certificates. Upon discovery by the TransferorDepositor, the Servicer Servicer, any Agent or a Responsible Officer of the Trustee of a breach breach, of any of the representations and warranties set forth in this Section 2.42.04, 'SS' 2.04 the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees and to cooperate with the Servicer and the Trustee in attempting to cure any such breachEnhancement Providers.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the TrustTrust and the termination of the rights and obligations of the Servicer pursuant to Section 10.1. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned aboveothers. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.(d)
Appears in 1 contract
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.. (d)
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Metris Receivables Inc)
Notice of Breach. The representations and warranties set forth in this Section 2.4 2.04 shall survive the transfer and assignment of the respective Receivables to the TrustTrust and the termination of the rights and obligations of the Servicer pursuant to Section 10.01. Upon discovery by the a Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.42.04, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breachothers.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Express Credit Account Master Trust)
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables Contracts to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned aboveothers immediately upon obtaining knowledge of such breach. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bally Total Fitness Holding Corp)
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set 41 47 forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Federated Department Stores Inc /De/)
Notice of Breach. The representations and warranties set forth in this Section 2.4 shall survive the transfer and assignment of the respective Receivables to the TrustTrust and the issuance of the Certificates. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Transferor agrees and to cooperate with the Servicer and the Trustee in attempting to cure any such breachEnhancement Providers.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Yamaha Motor Receivables Corp)
Notice of Breach. The representations and warranties set forth in this Section 2.4 2.04 shall survive the transfer and assignment of the respective Receivables Trust Assets to the Trust. Upon discovery by an Original Transferor, the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section 2.42.04, the party discovering such breach shall give prompt written notice to the other parties mentioned above. The Original Transferors and the Transferor agrees agree to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (A I Receivables Corp)
Notice of Breach. The representations and warranties set forth in this Section SECTION 2.4 shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Trustee of a breach of any of the representations and warranties set forth in this Section SECTION 2.4, the party discovering such breach shall give prompt written notice to the other parties mentioned aboveabove and to the Rating Agencies. The Transferor agrees to cooperate with the Servicer and the Trustee in attempting to cure any such breach.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mellon Premium Finance Loan Owner Trust)
Notice of Breach. The representations and warranties set forth in this Section 2.4 2.04(a) shall survive the transfer and assignment of the respective Receivables to the Trust. Upon discovery by the Transferor, the Servicer or a Responsible Officer of the Transferor, the Master Servicer or the Trustee of a material breach of any of the representations and warranties set forth in this Section 2.42.04(a), the party discovering such breach shall give prompt written notice to the other parties mentioned aboveparties. The Transferor agrees to cooperate with the Master Servicer and the Trustee in attempting to cure any such breach.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Dillard Asset Funding Co)
