Common use of Reaffirmation of Representations and Warranties by the Transferor Clause in Contracts

Reaffirmation of Representations and Warranties by the Transferor. On each day that a Transfer is made hereunder, the Transferor, by accepting the proceeds of such Transfer, whether delivered to the Transferor pursuant to Section 2.2(a) or Section 2.5(a) hereof, shall be deemed to have certified that all representations and warranties described in Section 3.1 hereof are correct on and as of such day as though made on and as of such day (except to the extent they expressly speak only as to an earlier date). Each Incremental Transfer shall be subject to the further condition precedent that prior to the date of such Incremental Transfer, the Collection Agent shall have delivered to the Agent and the Administrative Agent, in form and substance satisfactory to the Agent and the Administrative Agent, a completed Investor Report dated within ten (10) days prior to the date of such Incremental Transfer and, if and to the extent requested by the Agent, (i) a listing of all Receivables by Obligor (ii) a listing of Qualified LEC Receivables by LEC, and (iii) and such other additional information as may be reasonably requested by the Administrative Agent or the Agent; and by its receipt and acceptance of such Transfer, the Transferor shall be deemed to have represented and warranted that such conditions precedent have been satisfied.

Reaffirmation of Representations and Warranties by the Transferor. On each day that a Transfer is made hereunder, the Transferor, by accepting the proceeds of such Transfer, whether delivered to the Transferor pursuant to Section 2.2(a) or Section 2.5(a) 2.5 hereof, shall be deemed to have certified that all representations and warranties described in Section 3.1 hereof (other than any representations and warranties which by their terms relate solely to an earlier date, and subject to such qualifications and exceptions as shall have been disclosed to, and consented to by, the Agent in writing) are correct on and as of such day as though made on and as of such day (except to the extent they expressly speak only as to an earlier date)day. Each Incremental Transfer shall be subject to the further condition precedent that prior to the date of such Incremental Transfer, the Collection Agent shall have delivered to the Agent and the Administrative Agent, in form and substance satisfactory to the Agent and the Administrative Agent, a completed Investor Report and a Net Receivables Balance certification dated within ten (10) days prior to the date of such Incremental Transfer and(or in the case of the initial Incremental Transfer, dated as of the Closing Date), together with a listing by Obligor, if and to the extent requested by the Agent, (i) a listing of all Receivables by Obligor (ii) a listing of Qualified LEC Receivables by LECrequested, and (iii) and such other additional information as may be reasonably requested by the Administrative Agent or the Agent; and by its receipt and acceptance of such Transfer, the Transferor shall be deemed to have represented and warranted that such conditions precedent have been satisfied.