Consumer Loans. Each Consumer Loan that you request and we approve from time to time will be considered a separate Loan transaction that is consummated at the time a Loan Advance Disclosure for each Loan is accepted by you. The terms applicable to your Consumer Loans will be governed by: (i) the Consumer Loan Application; (ii) this Agreement; (iii) the Loan Advance Disclosures provided with each Loan; (iv) a Loan proceeds check endorsement; and (v) other Loan documents required under this Agreement. These Loan documents are incorporated in and integrated as part of this Agreement.
Consumer Loans. All Consumer Loans made in the Business have been made in compliance and accordance with all Applicable Laws. All Consumer Loan Documents represent bona fide assets of Seller and bona fide transactions between Seller and the respective parties to such transactions. Seller’s books and records that are being delivered to Purchaser contain an accurate record of the Consumer Loans and the Consumer Loan Documents, including, without limitation, for each loan written, all material loan application data and back-up documentation, all material underwriting criteria and documentation, all notices of adverse action, all promissory notes and loan documents, all pawn tickets, all buy-sell and/or repurchase agreements, the items securing or evidencing any security for such loans, if applicable, the amount loaned, the lawful interest charge and other lawful charges, if any, to accrue thereon, renewals thereof, all layaway contracts, and with respect to buy-sell or repurchase agreements — the purchase price, the repurchase price, and other lawful charges, if any, and with respect to pawn loans and buy-sell and/or repurchase agreements — an accurate description, in all material respects, of the pledged goods or the goods subject to buy-sell or repurchase agreements. All interest, fees and charges on each Consumer Loan and layaway contract included in the Consumer Loans do not exceed the maximum rate of interest, charges and fees allowed by Applicable Laws. In addition to, and without limiting the foregoing, the Consumer Loan Documents are complete in every material respect and comply with all Applicable Laws. Attached to Schedule 2.5(a) is a true, complete and correct copy of Seller’s standard agreements and standard required underwriting information for the creation of Consumer Loans. Except as set forth on Schedule 2.5(b), each Consumer Loan has been created using such standard forms of agreement and such standard underwriting information without material modification or substitution (except as may be consistent with Seller’s ordinary course of business — provided that any such consistent material modification or substitution is described in detail on Schedule 2.5(b)). With respect to pawn loans, all pawn tickets accurately reflect, in all material respects, that all outstanding pawn loans bear no more than the maximum lawful finance charge and other lawful charges, if any, applicable to the transaction and merchandise pawned and all buy-sell or repurchase agreements ac...
Consumer Loans. The term “Consumer Loans” means all consumer loan accounts and receivables of the Business, including, without limitation, pawn loans, installment loans and all other loans made by Seller to consumers.
Consumer Loans. (i) Each Consumer Loan has been made and serviced in compliance, in all material respects, with the Underwriting Guidelines, Servicing Standards and all requirements of all Consumer Financial Services Laws, and all Consumer Loan Documents relating to a Consumer Loan comply in all material respects with all applicable Consumer Financial Services Laws and are enforceable in all material respects in accordance with their terms subject to the Bankruptcy and Equity Exception. No Consumer Loan was originated under the “tribal model” and/or any “offshore or commerce model.” The Servicing Standards used with respect to a Consumer Loan are in all material respects customary in the subprime consumer lending and servicing business with respect to subprime consumer loans similar to the Consumer Loans and comply in all material respects with all applicable municipal, state or federal laws or regulations; including, the Consumer Financial Services Laws.
Consumer Loans. From time to time the Borrower shall deliver to the Agent the Required Consumer Loan Documents for consumer loans by the Borrower, and the Borrower hereby pledges to the Agent and grants to the Agent for the benefit of the Lenders a security interest in all of the Borrower's right, title and interest in each such consumer loan, now existing or hereafter arising, (a) for which the original promissory note, comparable instrument or
Consumer Loans. All of Seller's secured and unsecured consumer loans carried on the books of Seller excluding loans 30 days contractually Past Due with respect to the Branches, including loans made on the security of the obligor's home equity in residential real estate and other consumer loans, as of the close of business on the Closing Date, plus accrued interest, fees and unposted activity (the "Consumer Loans"). A true and complete list, to the best of Seller's knowledge, of Consumer Loans as of June 30, 1998, is set forth on Schedule F hereto. The parties acknowledge that Schedule F shall be updated as of the Closing Date in accordance with Section 6.02
Consumer Loans. All loan transactions conducted in the business of the Sellers have been made in accordance with applicable Law and are referred to as “Consumer Loans.” All Consumer Loans, Consumer Loan accounts, loan documents, loan applications, loan files, customer checks, promissory notes and other Customer Transaction Documents (as defined below) and evidences of indebtedness reflected by the Sellers’ books and records as owed to and owned by the Sellers (collectively, the “Consumer Loans, Documents and Files”), represent bona fide assets of the Sellers and bona fide transactions between a Seller and the respective parties to such transactions. The Sellers’ books and records that are being delivered to the Purchaser contain an accurate record of the Consumer Loans, Documents and Files, including, without limitation, for each loan written, all loan application data and back-up documentation, all underwriting criteria and documentation, all notices of adverse action, all promissory notes and loan documents, the underlying check or other items securing or evidencing any security for such loans, the amount loaned and the lawful interest charge and other lawful charges, if any, to accrue thereon and all other applicable Customer Transaction Documents related thereto. All interest, fees and charges on each Consumer Loan included in the Consumer Loans, Documents and Files do not exceed the maximum rate of interest, charges and fees allowed by Law. The Sellers have provided to the Purchaser a detailed description (on a state by state basis) of the business rules and underwriting guidelines Sellers follow in receiving loan applications and in denying, approving, originating, making, documenting, holding, servicing and collecting all Customer Receivables (collectively, the “Business Rules”). Section 3.8 of the Seller Disclosure Schedule sets forth a list of such documents describing the Business Rules previously provided to the Purchaser. The Sellers have provided to the Purchaser true, complete and correct copies of all documentation used by Sellers, whether in use now or since the inception of the business of the Sellers, (on a state by state basis) in receiving loan applications and in denying, approving, originating, making, documenting, holding, servicing and collecting all Customer Receivables, including, without limitation, applications, promissory notes, loan agreements, truth-in-lending disclosures, other disclosures and disclaimers, license agreements, notices of adv...
Consumer Loans. Section 6.10(e) of the Agreement is amended to delete this Section in its entirety and to substitute therefor the following: Each Loan has been originated, administered and serviced in compliance in all material respects with all applicable laws and, in the case of SBA Loans, any written SBA service guidelines and is accruing interest in accordance with the respective terms thereof.
Consumer Loans. (a) Schedule 2.20 contains a true, complete and correct list of all of the consumer loans originated by any Seller (each, a “Consumer Loan”) (including the principal amount due and payment status) that are outstanding and not written off by the Sellers as of the Cut-Off Date, and Sellers have delivered to Buyer Consumer Loan data (including the principal amount due, total amount of interest payable, periodic payments, annual percentage interest rate, and payment status for each Consumer Loan) that is true, complete and correct as of the Cut-Off Date.
Consumer Loans. 317 204 Commercial Loans, including participations .........
