Common use of Application of Proceeds; No Duty Clause in Contracts

Application of Proceeds; No Duty. Neither of the Collateral Agent nor any Secured Party shall be under any duty at any time to credit the Borrower for any amount due from any third party in respect of any purchase of any Collateral contemplated above as a portion of the related Transfer Release Price, until the Collateral Agent has actually received such amount in immediately available funds for deposit to the Collection Account. Neither the Collateral Agent nor any Secured Party shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any third party in respect of any such purchase of Receivables covered by the release of such portion of Collateral or in respect of a securitization thereof with a third party.

Appears in 2 contracts

Samples: Receivables Funding Agreement (Americredit Corp), Receivables Funding Agreement (Americredit Corp)

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Application of Proceeds; No Duty. Neither of the Administrative/Collateral Agent nor any Secured Party shall be under any duty at any time to credit the Borrower for any amount due from any third party in respect of any purchase of any Contract Collateral contemplated above as a portion of the related Transfer Release Priceabove, until the Administrative/Collateral Agent has actually received such amount in immediately available funds for deposit to the Collection Account. Neither the Collateral Agent nor any Secured Party nor the Administrative/Collateral Agent shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any third party in respect of any such purchase of Receivables Contracts covered by the release of such portion of Contract Collateral or in respect of a securitization or financing thereof with a third party.

Appears in 2 contracts

Samples: Receivables Financing Agreement (United Pan Am Financial Corp), Receivables Financing Agreement (United Pan Am Financial Corp)

Application of Proceeds; No Duty. Neither of the Agent, nor the Collateral Agent Agent, nor any Secured Party shall be under any duty at any time to credit the Borrower for any amount due from any third party in respect of any purchase of any Borrower Collateral contemplated above as a portion of the related Transfer Release Priceabove, until the Collateral Agent has actually received such amount in immediately available funds for deposit to the Collection Account. Neither the Collateral Agent nor any Secured Party nor the Agent shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any third party in respect of any such purchase of Receivables covered by the release of such portion of Borrower Collateral or in respect of a securitization thereof with a third party.

Appears in 1 contract

Samples: Receivables Financing Agreement (Arcadia Financial LTD)

Application of Proceeds; No Duty. Neither of the Agent, nor the Collateral Agent Agent, nor any Secured Party Investor shall be under any duty at any time to credit the Borrower for any amount due from any third party in respect of any purchase of any Borrower Collateral contemplated above as a portion of the related Transfer Release Priceabove, until the Collateral Agent has actually received such amount in immediately available funds for deposit to the Collection Account. Neither the Collateral Agent nor any Secured Party Investor, nor the Agent shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any third party in respect of any such purchase of Receivables covered by the release of such portion of Borrower Collateral or in respect of a securitization thereof with a third party.

Appears in 1 contract

Samples: Receivables Funding and Servicing Agreement (Arcadia Financial LTD)

Application of Proceeds; No Duty. Neither of the Collateral Agent nor any Secured Party shall be under any duty at any time to credit the Borrower for any amount due from any third party in respect of any purchase of any Receivables Collateral contemplated above as a portion of the related Transfer Release Priceabove, until the Collateral Administrative Agent has actually received such amount in immediately available funds for deposit to the Collection Account. Neither any Secured Party nor the Collateral Agent nor any Secured Party shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any third party in respect of any such purchase of Contracts or Transferred Receivables covered by the release of such portion of Receivables Collateral or in respect of a securitization or financing thereof with a third party.

Appears in 1 contract

Samples: Receivables Financing Agreement (Compucredit Corp)

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Application of Proceeds; No Duty. Neither of the Collateral Agent nor -------------------------------- any Secured Party shall be under any duty at any time to credit the Borrower for any amount due from any third party in respect of any purchase of any Borrower Collateral contemplated above as a portion of the related Transfer Release Priceabove, until the Collateral Agent has actually received such amount in immediately available funds for deposit to the Collection Account. Neither the Collateral Agent nor any Secured Party shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any third party in respect of any such purchase of Receivables covered by the release of such portion of Borrower Collateral or in respect of a securitization thereof with a third party.

Appears in 1 contract

Samples: Receivables Financing Agreement (Americredit Financial Services of Canada LTD)

Application of Proceeds; No Duty. Neither of the Deal Agent, nor -------------------------------- the Collateral Agent Agent, nor any Secured Party Lender shall be under any duty at any time to credit the Borrower for any amount due from any third party in respect of any purchase of any Collateral contemplated above as a portion of the related Transfer Release Priceabove, until the Collateral Agent has actually received such amount in immediately available funds for deposit to the Collection Account. Neither the Collateral Agent nor any Secured Party the Lenders, nor Deal Agent shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any third party in respect of any such purchase of Receivables covered by the release of such portion of Collateral or in respect of a securitization thereof with a third party.

Appears in 1 contract

Samples: Receivables Funding and Servicing Agreement (Consumer Portfolio Services Inc)

Application of Proceeds; No Duty. Neither of the Collateral Agent nor any Secured Party shall be under any duty at any time to credit the Borrower for any amount due from any third party in respect of any purchase of any Borrower Collateral contemplated above as a portion of the related Transfer Release Priceabove, until the Collateral Agent has actually received such amount in immediately available funds for deposit to the Collection Account. Neither the Collateral Agent nor any Secured Party shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any third party in respect of any such purchase of Receivables covered by the release of such portion of Borrower Collateral or in respect of a securitization thereof with a third party.

Appears in 1 contract

Samples: Receivables Financing Agreement (MFN Financial Corp)

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