Common use of Keeping and Marking of Records and Books Clause in Contracts

Keeping and Marking of Records and Books. (i) the Collection Agent will (and will cause each Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent will (and will cause each Originator to) give the Administrative Agent and each Purchaser notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent will (and will cause each other Originator to) (A) on or prior to the date hereof, make a notation in its books and records relating to the Receivables, acceptable to the Administrative Agent and each Purchaser, describing the Receivable Interests and (B) upon the request of the Administrative Agent or any of the Purchasers following the occurrence and during continuation of an Amortization Event, deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoice) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent The Servicer will (and will cause each other Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Servicer will (and will cause each Originator to) give each of the Administrative Agent and each Purchaser Purchasers notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Servicer will (and will cause each other Originator to) (A) on or prior to the date hereof, make a notation in the header section of its books and records relating to the Receivablesmonth-end accounts receivable aging, acceptable to the Administrative Agent and each PurchaserAgent, describing the Receivable Interests Interests, and (B) upon the request of the Administrative Agent or any of the Purchasers following the occurrence and during the continuation of an Amortization Event, deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoice) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent The Servicer will (and will cause each Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Servicer will (and will cause each Originator to) give each of the Administrative Agent Agents and each Purchaser ▇▇▇▇▇ Fargo notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Servicer will (and will cause each other Originator to) (A) on or prior to the date hereof, make a notation in ▇▇▇▇ its master data processing records and other books and records relating to the ReceivablesReceivables Interests with a legend, acceptable to each of the Administrative Agent Agents and each Purchaser▇▇▇▇▇ Fargo, describing the Receivable Receivables Interests and (B) upon the request of the Administrative Agent or any of the Purchasers Agents or ▇▇▇▇▇ Fargo following the occurrence and during continuation of an Amortization Event, deliver to the Administrative Agent all invoices included in the Contracts Invoices (including, without limitation, all multiple originals of any such invoiceInvoice) relating to the Receivables.

Keeping and Marking of Records and Books. (ia) the Collection Agent will (The Borrower will, and will cause each Originator the Originators to) , maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent will (Borrower will, and will cause each Originator the Originators to) , promptly give the Administrative Agent and each Purchaser notice of any material change in the administrative and operating procedures referred to in the previous sentence. (iib) The Collection Agent Borrower will (and will cause each other Originator to) (Ai) on or prior to the date hereof, make a notation in ▇▇▇▇ its master data processing records and other books and records relating to the ReceivablesReceivables with a legend, reasonably acceptable to the Administrative Agent and each PurchaserAgent, describing the Receivable Interests Transferred Receivables and (Bii) upon promptly following the request of the Administrative Agent or any of Agent: (A) ▇▇▇▇ each Invoice with a legend describing the Purchasers following the occurrence Transferred Receivables and during continuation of an Amortization Event, (B) deliver to the Administrative Agent all invoices included in the Contracts Invoices (including, without limitation, all multiple originals of any such invoiceInvoice) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent The Servicer will (and will cause each Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Servicer will (and will cause each Originator to) give the Administrative Agent and each Purchaser Managing Agent notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Such Seller Party will (and will cause each other Originator to) (A) on or prior to the date hereof, make a notation in ▇▇▇▇ its master data processing records and other books and records relating to the ReceivablesPurchaser Interests with a legend, acceptable to the Administrative Agent and each Purchaserthe Managing Agents, describing the Receivable Purchaser Interests and (B) upon the request of the Administrative Agent or any of Managing Agent (x) ▇▇▇▇ each Contract with a legend describing the Purchasers following the occurrence Purchaser Interests and during continuation of an Amortization Event, (y) deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoiceContract) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent The Master Servicer will (and will cause each Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Master Servicer will (and will cause each Originator to) give the Administrative Agent and each Purchaser the Funding Agents notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Such Seller Party will (and will cause each other Originator to) (A) on or prior to the date hereof, make a notation in ▇▇▇▇ its master data processing records and other books and records relating to the ReceivablesPurchaser Interests with a legend, acceptable to the Administrative Agent and each PurchaserAgent, describing the Receivable Purchaser Interests and (B) upon the request of the Administrative Agent or any of the Purchasers following upon the occurrence and during the continuation of an Amortization Event or Potential Amortization Event, : (x) ▇▇▇▇ each Contract with a legend describing the Purchaser Interests and (y) deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoiceContract) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent The Servicer will (and will cause each Originator the Transferors to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Servicer will (and will cause each Originator the Transferors to) give the Administrative Agent and each Purchaser notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Such Seller Party will (and will cause each other Originator the Transferors to) (A) on or prior to the date hereof, make a notation in ▇▇▇▇ its master data processing records and other books and records relating to the ReceivablesPurchaser Interests with a legend, acceptable to the Administrative Agent and each PurchaserAgent, describing the Receivable Purchaser Interests (or, if any master data processing records cannot be marked with a legend, ▇▇▇▇ the related physical records with such a stamped legend no less frequently than monthly) and (B) upon the request of the Administrative Agent or at any of the Purchasers time following the occurrence and during continuation of an Amortization Event, (x) ▇▇▇▇ each Invoice which constitutes chattel paper or an instrument with a legend describing the Purchaser Interests and (y) deliver to the Administrative Agent copies of all invoices included in the Contracts and Invoices (including, without limitation, all multiple originals of any such invoiceInvoice which constitutes chattel paper or an instrument) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent The Servicer will (and will cause each Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Servicer will (and will cause each Originator to) give each of the Administrative Agent Agents and each Purchaser Wachovia notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Servicer will (and will cause each other Originator to) (A) on or prior to the date hereof, make a notation in ▇▇▇▇ its master data processing records and other books and records relating to the ReceivablesReceivables Interests with a legend, acceptable to each of the Administrative Agent Agents and each PurchaserWachovia, describing the Receivable Receivables Interests and (B) upon the request of the Administrative Agent or any of the Purchasers Agents or Wachovia following the occurrence and during continuation of an Amortization Event, deliver to the Administrative Agent all invoices included in the Contracts Invoices (including, without limitation, all multiple originals of any such invoiceInvoice) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent The Servicer will (and will cause each Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Servicer will (and will cause each Originator to) give the Administrative Agent and each Purchaser Agents notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Servicer will (and will cause each other Originator to) (A) on or prior to the date hereof, make a notation in mark its books master data processing records and other b▇▇▇▇ and records relating to the ReceivablesPurchaser Interests with a legend, acceptable to the Administrative Agent and each PurchaserAgents, describing the Receivable Purchaser Interests and (B) upon the request of the Administrative Agent or any of the Purchasers Agents following the occurrence and during continuation of an Amortization Event, deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoice) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent The Master Servicer will (and will cause each Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Master Servicer will (and will cause each Originator to) give the Administrative Agent and each Purchaser notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Seller Party will (and will cause each other Originator to) ): (A) on or prior to the date hereof, make a notation in ▇▇▇▇ its master data processing records and other books and records relating to the ReceivablesReceivables with a legend, acceptable to the Administrative Agent and each PurchaserAgent, describing the Receivable Interests Administrative Agent's security interest in the Purchased Assets and (B) upon the request of the Administrative Agent or any of the Purchasers following the occurrence of a Liquidation Event: (1) ▇▇▇▇ each Contract with a legend describing the Administrative Agent's security interest and during continuation of an Amortization Event, (2) deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoiceContract constituting an instrument, a certificated security or chattel paper) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent The Servicer will (and will cause each Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Servicer will (and will cause each Originator to) give the Administrative Agent and each Purchaser notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Such Seller Party will (and will cause each other Originator to) (A) on or prior to the date hereof, make a notation in ▇▇▇▇ its master data processing records and other books and records relating to the ReceivablesPurchaser Interests with a legend, acceptable to the Administrative Agent and each Purchaserthe Purchasers, describing the Receivable Purchaser Interests and (B) upon the request of the Administrative Agent or any of Purchaser (x) ▇▇▇▇ each Contract with a legend describing the Purchasers following the occurrence Purchaser Interests and during continuation of an Amortization Event, (y) deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoiceContract) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent The Servicer will (and will cause Originator and each Originator Original Seller to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Servicer will (and will cause Originator and each Originator Original Seller to) give the Administrative Agent and each Purchaser notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Such Seller Party will (and will cause Originator and each other Originator Original Seller to) (A) on or prior to the date hereof, make a notation in mark its master data processing rec▇▇▇▇ and other books and records relating to the ReceivablesPur chaser Interests with a legend, acceptable to the Administrative Agent and each PurchaserAgent, describing the Receivable Purchaser Interests and (B) upon the request of the Administrative Agent or any of (x) mark each Contrac▇ ▇▇th a legend describing the Purchasers following the occurrence Purchaser Interests and during continuation of an Amortization Event, (y) deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoiceContract) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent Servicer will (and will cause each Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate prompt identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Servicer will (and will cause each Originator to) give the Administrative Agent and each Purchaser Purchasers notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Servicer will (and will cause each other Originator to) (A) on or prior to the date hereof, make a notation in its books and records relating to the Receivables, acceptable to the Administrative Agent Agent, evidencing that the Receivables and each Purchaserrelated Contracts included in the Purchased Assets have been sold in accordance with the Agreement, describing the Receivable Interests and (B) upon the request of the Administrative Agent or any of the Purchasers following the occurrence and during the continuation of an Amortization Event, deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoice) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent The Sub-Servicer will (and will cause each Originator the Originators to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent Sub-Servicer will (and will cause each Originator the Originators to) give the Administrative Agent and each Purchaser notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent Such Seller Party will (and will cause each other Originator the Originators to) (A) on or prior to the date hereof, make a notation in ▇▇▇▇ its master data processing records and other books and records relating to the ReceivablesPurchaser Interests with a legend, acceptable to the Administrative Agent and each PurchaserAgent, describing the Receivable Purchaser Interests and (B) upon the request of the Administrative Agent or at any of the Purchasers time following the occurrence and during continuation of an Amortization Event, (x) ▇▇▇▇ each Contract and Invoice with a legend describing the Purchaser Interests and (y) deliver to the Administrative Agent all invoices included in the Contracts and Invoices (including, without limitation, all multiple originals of any such invoiceContract and Invoice) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the The Collection Agent will (and will cause each Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent will (and will cause each Originator to) give the Administrative Agent and each Purchaser notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent will (and will cause each other Originator to) (A) on or prior to the date hereof, make a notation in its books and records relating to the Receivables, acceptable to the Administrative Agent and each Purchaser, describing the Receivable Interests and (B) upon the request of the Administrative Agent or any of the Purchasers following the occurrence and during continuation of an Amortization Event, deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoice) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent will (The Seller will, and will cause each the Transferor and the Originator to) , maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent will (Seller will, and will cause each the Transferor and the Originator to) , give the Administrative Agent and each Purchaser notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent will (Seller will, and will cause each other the Transferor and the Originator to) , (Aa) on or prior to the date hereof, make a notation in its books and mark ▇▇▇ master data processing records relating to the ReceivablesReceivable Interests with a legend, acceptable to the Administrative Agent and each PurchaserAgent, describing the Receivable Interests and (Bb) upon the request of the Administrative Agent or any of (x) mark ▇▇▇h Contract with a legend describing the Purchasers following the occurrence Receivable Interests and during continuation of an Amortization Event, (y) deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoiceContract) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the The Collection Agent will (and will cause each Originator to) maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent will (and will cause each Originator to) give the Administrative Agent Agent, the LC Bank and each Purchaser notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent will (and will cause each other Originator to) (A) on or prior to the date hereof, make a notation in its books and records relating to the Receivables, acceptable to the Administrative Agent Agent, the LC Bank and each Purchaser, describing the Receivable Interests and (B) upon the request of the Administrative Agent Agent, the LC Bank or any of the Purchasers following the occurrence and during continuation of an Amortization Event, deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoice) relating to the Receivables.

Keeping and Marking of Records and Books. (i) the Collection Agent will (The Seller will, and will cause each Originator require the Originators and the Servicer to) , maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Receivables in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Receivables (including, without limitation, records adequate to permit the immediate identification of each new Receivable and all Collections of and adjustments to each existing Receivable). The Collection Agent will (Seller will, and will cause each Originator require the Originators and the Servicer to) , give the Administrative Agent and each Purchaser notice of any material change in the administrative and operating procedures referred to in the previous sentence. (ii) The Collection Agent will (Seller will, and will cause each other Originator require the Originators and the Servicer to) : (Aa) on or prior to the date hereof, make a notation in ▇▇▇▇ its master data processing records and other books and records records, if any, relating to the ReceivablesReceivable Interests with a legend, acceptable to the Administrative Agent, describing the Receivable Interests and (b) upon the request of the Agent and following an Amortization Event: (A) ▇▇▇▇ each Purchaser, invoice with a legend describing the Receivable Interests and (B) upon the request of the Administrative Agent or any of the Purchasers following the occurrence and during continuation of an Amortization Event, deliver to the Administrative Agent all invoices included in the Contracts (including, without limitation, all multiple originals of any such invoice) relating to the Receivables.