Common use of Auto Receivables Clause in Contracts

Auto Receivables. Seller represents and warrants to Buyer as to any Auto Receivable that except as set forth on Section 5.09 of the Disclosure Schedule, with respect to any Auto Receivable held by Seller: (a) To Seller’s Knowledge, the Auto Receivable represents a bona fide sale or finance of the vehicle described therein to the vehicle purchaser or owner for the amount set forth therein; (b) To Seller’s Knowledge, the vehicle described in the Auto Receivable has been delivered to and accepted by the vehicle purchaser and such acceptance shall not have been revoked; (c) The security interest created by the Auto Receivable is a valid first lien in the motor vehicle covered by the Auto Receivable and all action has been taken to create and perfect such lien in such motor vehicle within such time following the date of the Auto Receivable as will afford first priority status; (d) To Seller’s Knowledge, the down payment relating to such Auto Receivable has been paid in full by the vehicle purchaser in cash and/or trade as shown in such Auto Receivable, and no part of the down payment consisted of notes or postdated checks; (e) To Seller’s Knowledge, the statements made by the vehicle purchaser or owner and the information submitted by the vehicle purchaser or owner in connection with the Auto Receivable are accurate and complete in all material respects; (f) Seller has no Knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle, or the Loan Debtor that could reasonably be expected to have a Material Adverse Effect on Seller’s security interest granted in respect of; and (g) Each Auto Receivable complies, in all material respects, with all applicable provisions of laws and regulation which are applicable to the transaction represented by the Auto Receivable.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Affinity Bancshares, Inc.)

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Auto Receivables. Seller represents and warrants to Buyer as to any Auto Receivable that except as set forth on Section 5.09 of the Disclosure Schedule, with respect to any Auto Receivable held by Sellerthat: (a) To Seller’s Knowledge, the The Auto Receivable represents a bona fide sale or finance of the vehicle described therein to the vehicle purchaser or owner for the amount set forth therein;. (b) To Seller’s Knowledge, the The vehicle described in the Auto Receivable has been delivered to and accepted by the vehicle purchaser and such acceptance shall not have been revoked;. (c) The security interest created by the Auto Receivable is a valid first lien in the motor vehicle covered by the Auto Receivable and all action that is reasonably necessary to be taken has been taken to create and perfect such lien in such motor vehicle within to afford such time following the date of the Auto Receivable as will afford lien first priority status;. (d) To Seller’s Knowledge, the The down payment relating to such the Auto Receivable has been paid in full by the vehicle purchaser in cash and/or trade as shown in such Auto Receivable, and no part of the down payment consisted of notes or postdated checks;. (e) To Seller’s Knowledge, the The statements made by the vehicle purchaser or owner and the information submitted by the vehicle purchaser or owner in connection with the Auto Receivable are accurate true and complete in all material respects;to Seller’s Knowledge. (f) Seller has no Knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle, or the Loan Debtor that could reasonably be expected to have a Material Adverse Effect on Seller’s security interest granted in respect of; and (g) Each Auto Receivable complies, in all material respects, with all applicable provisions of laws and regulation which are applicable to the transaction represented by the Auto Receivable. (g) Seller has no Knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle, the vehicle purchaser or owner, or vehicle purchaser’s or owner’s credit standing that can reasonably be expected to materially adversely affect Seller’s security interest in the Auto Receivable

Appears in 1 contract

Samples: Purchase and Assumption Agreement (West End Indiana Bancshares, Inc.)

Auto Receivables. Seller represents and warrants to Buyer as to any Auto Receivable that except as set forth on Section 5.09 of the Disclosure Schedule, with respect to any Auto Receivable held by Sellerthat: (a) To Seller’s Knowledge, the The Auto Receivable represents a bona fide sale or finance of the vehicle described therein to the vehicle purchaser or owner for the amount set forth therein; (b) To Seller’s Knowledge, the The vehicle described in the Auto Receivable has been delivered to and accepted by the vehicle purchaser and such acceptance shall not have been revoked; (c) The security interest created by the Auto Receivable is a valid first lien in the motor vehicle covered by the Auto Receivable and all action has been taken to create and perfect such lien in such motor vehicle within such time following the date of the Auto Receivable as will afford first priority status; (d) To Seller’s Knowledge, the The down payment relating to such Auto Receivable has been paid in full by the vehicle purchaser in cash and/or trade as shown in such Auto Receivable, Receivable and no part of the down payment consisted of notes or postdated checks;. (e) To Seller’s Knowledge, the The statements made by the vehicle purchaser or owner and the information submitted by the vehicle purchaser or owner in connection with the Auto Receivable are accurate true and complete in all material respectsto the Seller's best knowledge; (f) Seller has no Knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle, or the Loan Debtor that could reasonably be expected to have a Material Adverse Effect on Seller’s security interest granted in respect of; and (g) Each Auto Receivable complies, complies in all material respects, respects with all applicable provisions of laws and regulation which are applicable to the transaction represented by the Auto Receivable. (g) Seller has no knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle, the vehicle purchaser or owner, or vehicle purchaser's or owner's credit standing that can be expected to adversely affect Seller's security interest in the Auto Receivable.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Sobieski Bancorp Inc)

Auto Receivables. Seller represents and warrants to Buyer as to any Auto Receivable that except as set forth on Section 5.09 of the Disclosure Schedule, with respect to any Auto Receivable held by Sellerthat: (a) To Seller’s Knowledge, the The Auto Receivable represents a bona fide sale or finance of the vehicle described therein to the vehicle purchaser or owner for the amount set forth therein; (b) To Seller’s Knowledge, the The vehicle described in the Auto Receivable has been delivered to and accepted by the vehicle purchaser and such acceptance shall not have been revoked; (c) The security interest created by the Auto Receivable is a valid first lien in the motor vehicle covered by the Auto Receivable and all action has been taken to create and perfect such lien in such motor vehicle within such time following the date of the Auto Receivable as will afford first priority status; (d) To Seller’s Knowledge, the The down payment relating to such Auto Receivable has been paid in full by the vehicle purchaser in cash and/or trade as shown in such Auto Receivable, and no part of the down payment consisted of notes or postdated checks;. (e) To Seller’s Knowledge, the The statements made by the vehicle purchaser or owner and the information submitted by the vehicle purchaser or owner in connection with the Auto Receivable are accurate true and complete in all material respectsto Seller’s knowledge; (f) Seller has no Knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle, or the Loan Debtor that could reasonably be expected to have a Material Adverse Effect on Seller’s security interest granted in respect of; and (g) Each Auto Receivable complies, in all material respects, with all applicable provisions of laws and regulation which are applicable to the transaction represented by the Auto Receivable. (g) Seller has no knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle, the vehicle purchaser or owner, or vehicle purchaser’s or owner’s credit standing that can be expected to adversely affect Seller’s security interest in the Auto Receivable.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Horizon Bancorp /In/)

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Auto Receivables. Seller represents and warrants to Buyer as to any Auto Receivable that except as set forth on Section 5.09 of the Disclosure Schedule, with respect to any Auto Receivable held by Sellerthat: (a) To Seller’s Knowledge, the The Auto Receivable represents a bona fide sale or finance of the vehicle described therein to the vehicle purchaser or owner for the amount set forth therein; (b) To Seller’s Knowledge, the The vehicle described in the Auto Receivable has been delivered to and accepted by the vehicle purchaser and such acceptance shall not have been revoked; (c) The Except as may be disclosed in the Disclosure Schedule, the security interest created by the Auto Receivable is a valid first lien in the motor vehicle covered by the Auto Receivable and all action has been taken to create and perfect such lien in such motor vehicle within such time following the date of the Auto Receivable as will afford first priority status; (d) To Seller’s Knowledge, the The down payment relating to such Auto Receivable has been paid in full by the vehicle purchaser in cash and/or trade as shown in such Auto Receivable, and no part of the down payment consisted of notes or postdated checks; (e) To Seller’s Knowledge, the The statements made by the vehicle purchaser or owner and the information submitted by the vehicle purchaser or owner in connection with the Auto Receivable are accurate true and complete in all material respectsto Seller’s knowledge; (f) Seller has no Knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle, or the Loan Debtor that could reasonably be expected to have a Material Adverse Effect on Seller’s security interest granted in respect of; and (g) Each Auto Receivable complies, in all material respects, with all applicable provisions of laws and regulation which are applicable to the transaction represented by the Auto Receivable. (g) Seller has no knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle, the vehicle purchaser or owner, or vehicle purchaser’s or owner’s credit standing that can be expected to adversely affect Seller’s security interest in the Auto Receivable.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (FFBW, Inc. /MD/)

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