Common use of Characteristics of Receivables Clause in Contracts

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 32 contracts

Samples: Purchase Agreement (AmeriCredit Automobile Receivables Trust 2014-2), Purchase Agreement (AFS SenSub Corp.), Purchase Agreement (AmeriCredit Automobile Receivables Trust 2014-1)

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Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, AmeriCredit (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 19 contracts

Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2014-2), Sale and Servicing (AFS SenSub Corp.), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2014-1)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iviii) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 19 contracts

Samples: Purchase Agreement (AmeriCredit Automobile Receivables Trust 2006-1), Purchase Agreement (AmeriCredit Automobile Receivables Trust 2004-1), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2005-a-X)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iviii) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s's, the Dealer’s 's or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s 's credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 19 contracts

Samples: Purchase Agreement (Americredit Automobile Receivables Trust 2003-B-X), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-B-X), Purchase Agreement (Americredit Financial Services Inc)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iviii) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 16 contracts

Samples: Purchase Agreement, Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2004-C-A), Purchase Agreement (Americredit Automobile Receivables Trust 2003-D-M)

Characteristics of Receivables. Each Receivable (Aa) was shall have been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s credit policies and was shall have been fully and properly executed by the parties thereto, shall have been purchased either (X) by the Seller from Ford Credit, which in turn shall have purchased such Receivable from a Dealer under an existing dealer agreement with Ford Credit, and AmeriCreditwhich shall have been validly assigned by such Dealer to Ford Credit and which in turn shall have been validly assigned by Ford Credit to the Seller in accordance with its terms, each Originating Affiliateor (Y) by the Seller from Ford Credit, each which shall have been assigned such Receivable by PRIMUS, which in turn shall have purchased such Receivable from a Dealer or other finance source (provided that such purchase relates to an individual Receivable and each Third-Party Lender had all necessary licenses not a bulk purchase) under an existing agreement with PRIMUS, and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each which shall have been validly assigned by such Dealer or each such Third-Party Lender was locatedother finance source to PRIMUS and shall have been validly assigned by PRIMUS to Ford Credit in the ordinary course of business and which in turn shall have been validly assigned by Ford Credit to the Seller in accordance with its terms, (Cb) contains shall have created or shall create a valid, subsisting, and enforceable first priority security interest in favor of Ford Credit in the Financed Vehicle, which security interest has been assigned by Ford Credit to the Seller, which in turn shall be assignable by the Seller to the Issuer, (c) shall contain customary and enforceable provisions such as to render that the rights and remedies of the holder thereof shall be adequate for realization against the collateral of the benefits of the security, (Dd) is a Receivable which provides shall provide for level monthly payments (provided that the period payment in the first Collection Period and the payment or last month in the final Collection Period life of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall that fully amortize the Amount Financed over by maturity and yield interest at the original term Annual Percentage Rate, (e) shall provide for, in the event that such contract is prepaid, a prepayment that fully pays the Principal Balance, and (Ef) has not been amended is an Actuarial Receivable or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating theretoa Simple Interest Receivable.

Appears in 13 contracts

Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two L P)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s's, such Originating Affiliate’s's, the Dealer’s 's or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s 's credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s 's electronic records relating thereto.

Appears in 4 contracts

Samples: Purchase Agreement (AmeriCredit Automobile Receivables Trust 2007-a-X), Purchase Agreement (AFS Funding Trust), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2007-a-X)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCreditthe Originator, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit the Originator from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit the Originator and was validly assigned by such Dealer to AmeriCredit the Originator pursuant to a Dealer Assignment Assignment, or (iviii) by a Third-Party Lender and purchased by AmeriCredit the Originator from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit the Originator and was validly assigned by such Third-Party Lender to AmeriCredit the Originator pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating Affiliatethe Originator, such Dealer or such Third-Party Lender for the retail sale or refinancing of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’sthe Originator's, the Dealer’s 's or the Third-Party Lender’s 's business, in each case was originated case, in accordance with AmeriCredit’s the Originator's credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliatethe Originator, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliatethe Originator, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render that the rights and remedies of the holder thereof are adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) whichthat, if made when due, shall will fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 4 contracts

Samples: Purchase Agreement (Triad Automobile Receivables Trust 2006-B), Purchase Agreement (Triad Financial Special Purpose LLC), Purchase Agreement (Triad Financial Special Purpose LLC)

Characteristics of Receivables. Each Receivable (Aa) was shall have been originated (ix) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail consumer or commercial sale of a Financed Vehicle in the ordinary course of AmeriCredit’ssuch Dealer's business or (y) by the Seller in connection with the refinancing by the Seller of a motor vehicle retail installment sale contract of the type described in subclause (x) above, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was shall have been fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in shall have been purchased by the state where AmeriCredit, each such Originating Affiliate, each Seller from such Dealer or each under an existing Dealer Agreement with the Seller (unless such Third-Party Lender Receivable was locatedoriginated by the Seller in connection with a refinancing), and shall have been validly assigned by such Dealer to the Seller in accordance with its terms (unless such Receivable was originated by the Seller in connection with a refinancing), (Cb) contains shall have created or shall create a valid, binding, subsisting and enforceable first priority security interest in favor of the Seller on the related Financed Vehicle, which security interest has been validly assigned by the Seller to the Purchaser, (c) shall contain customary and enforceable provisions such as to render that the rights and remedies of the holder thereof shall be adequate for realization against the collateral of the benefits of the security, (Dd) is a Receivable which provides in the case of Standard Receivables, shall provide for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over by maturity of the original term Receivable and yield interest at the APR, (e) in the case of Balloon Payment Receivables and Final Payment Receivables, shall provide for a series of fixed level monthly payments and a larger payment due after such level monthly payments that fully amortize the Amount Financed by maturity and yield interest at the APR, (f) shall provide for, in the event that such contract is prepaid, a prepayment that fully pays the Principal Balance and all accrued and unpaid interest thereon, (g) is a retail installment sale contract, (h) is secured by a new or used automobile or sports-utility vehicle and (Ei) has not been amended is an Actuarial Receivable or collections with respect to which waived, other than as evidenced in the a Simple Interest Receivable File (and may also be a Balloon Payment Receivable or the Servicer’s electronic records relating theretoa Final Payment Receivable).

Appears in 4 contracts

Samples: Purchase Agreement (Mmca Auto Owner Trust 2002-5), Purchase Agreement (Mmca Auto Receivables Trust), Purchase Agreement (Mmca Auto Receivables Trust)

Characteristics of Receivables. (A) Each Receivable (A1) was has been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment Consumer Lender without any fraud or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, misrepresentation on the part of such Dealer or such Third-Party Consumer Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Consumer Lender’s business, such Dealer or Consumer Lender had all necessary licenses and permits to originate such Receivable in each case the State where such Dealer or Consumer Lender was originated in accordance with AmeriCredit’s credit policies and was located, has been fully and properly executed by the parties thereto, has been purchased by CPS in connection with the related Obligor’s purchase of the related Financed Vehicle and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each has been validly assigned by such Dealer or each such Third-Party Consumer Lender was locatedto CPS, by CPS to the Seller and by the Seller to the Issuer, (C2) has created a valid, subsisting, and enforceable first priority perfected security interest in favor of CPS in the Financed Vehicle, which security interest has been assigned by CPS to the Seller, which in turn has assigned such security interest to the Trust which in turn has pledged such security interest to the Trustee, (3) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral securityof the benefits of the security including, without limitation, a right of repossession following a default, (D4) is a Receivable which provides for level monthly scheduled payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term (except for the last scheduled payment, which may be different from the level monthly payment) and yield interest at the Annual Percentage Rate, (5) has an Annual Percentage Rate of not less than 10.00% and not greater than 28.00%, (6) is a Simple Interest Receivable, (7) was originated by a Dealer or Consumer Lender and was sold by such Dealer or Consumer Lender without any fraud or misrepresentation on the part of such Dealer or Consumer Lender, (8) is denominated in U.S. dollars and (E9) has not been amended or collections with respect to which waivedprovides, other than as evidenced in the Receivable File or case of a prepayment, for the Servicer’s electronic records relating theretofull payment of the Principal Balance thereof plus accrued interest through the date of prepayment based on the Annual Percentage Rate of the Receivable.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc)

Characteristics of Receivables. Each Receivable (Aa) was has been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties thereto, has been purchased either (X) by the Seller from Ford Credit, which in turn has purchased such Receivable from a Dealer under an existing dealer agreement with Ford Credit, and AmeriCreditwhich has been validly assigned by such Dealer to Ford Credit and which in turn has been validly assigned by Ford Credit to the Seller in accordance with its terms, each Originating Affiliateor (Y) by the Seller from Ford Credit, each which has been assigned such Receivable by PRIMUS, which in turn has purchased such Receivable from a Dealer or other finance source (provided that such purchase relates to an individual Receivable and each Third-Party Lender had all necessary licenses not a bulk purchase) under an existing agreement with PRIMUS, and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each which has been validly assigned by such Dealer or each such Third-Party Lender was locatedother finance source to PRIMUS and has been validly assigned by PRIMUS to Ford Credit in the ordinary course of business and which in turn has been validly assigned by Ford Credit to the Seller in accordance with its terms, (Cb) creates or has created a valid, subsisting, and enforceable first priority security interest in favor of Ford Credit in the Financed Vehicle, which security interest has been assigned by Ford Credit to the Seller, which in turn will be assignable by the Seller to the Issuer, (c) contains customary and enforceable provisions such as to render that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security, (Dd) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period last month in the life of the Receivable may be minimally different from but in no event more than twice the normal period and amount of the level payment) which, if made when due, shall that fully amortize the Amount Financed over by maturity and yield interest at the original term Annual Percentage Rate, (e) provides for, in the event that such contract is prepaid, a prepayment that fully pays the Principal Balance, and (Ef) has not been amended is an Actuarial Receivable or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating theretoa Simple Interest Receivable.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)

Characteristics of Receivables. Each Receivable (Aa) was shall have been (x) originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail consumer or commercial sale of a Financed Vehicle in the ordinary course of AmeriCredit’ssuch Dealer's business or (y) originated by the Seller in connection with the refinancing by the Seller of a motor vehicle retail installment sales contract of the type described in subclause (x) above, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was shall have been fully and properly executed by the parties thereto, shall have been purchased by the Seller from such Dealer under an existing Dealer Agreement with the Seller (unless such Receivable was originated by the Seller in connection with a refinancing), and AmeriCreditshall have been validly assigned by such Dealer to the Seller in accordance with its terms (unless such Receivable was originated by the Seller in connection with a refinancing), each Originating Affiliate(b) shall have created or shall create a valid, each Dealer binding, subsisting, and each Third-Party Lender had all necessary licenses and permits to originate Receivables enforceable first priority security interest in favor of the Seller in the state where AmeriCreditrelated Financed Vehicle, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was locatedwhich security interest shall be assignable by the Seller to the Purchaser, (Cc) contains shall contain customary and enforceable provisions such as to render that the rights and remedies of the holder thereof shall be adequate for realization against the collateral of the benefits of the security, (Dd) is a Receivable which provides in the case of Standard Receivables, shall provide for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period last month in the life of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall that fully amortize the Amount Financed over by maturity and yield interest at the original term APR, (e) in the case of Final Payment Receivables, shall provide for a series of fixed level monthly payments and a larger payment due after such level monthly payments that fully amortize the Amount Financed by maturity and yield interest at the APR, (f) shall provide for, in the event that such contract is prepaid, a prepayment that fully pays the Principal Balance, (g) is a retail installment sales contract, (h) is secured by a new or used automobile or light- or medium-duty truck, and (Ei) has not been amended is an Actuarial Receivable or collections with respect to which waived, other than as evidenced in the a Simple Interest Receivable File or the Servicer’s electronic records relating thereto.(and may also be a Final Payment Receivable). (ii)

Appears in 3 contracts

Samples: Purchase Agreement (Mmca Auto Receivables Inc), Purchase Agreement (Mmca Auto Receivables Inc), Purchase Agreement (Mmca Auto Receivables Inc)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iviii) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s's, the Dealer’s 's or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s 's credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided PROVIDED that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCreditthe Originator, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit the Originator from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit the Originator and was validly assigned by such Dealer to AmeriCredit the Originator pursuant to a Dealer Assignment Assignment, or (iviii) by a Third-Party Lender and purchased by AmeriCredit the Originator from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit the Originator and was validly assigned by such Third-Party Lender to AmeriCredit the Originator pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating Affiliatethe Originator, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’sthe Originator's, the Dealer’s 's or the Third-Party Lender’s 's business, in each case was originated case, in accordance with AmeriCredit’s the Originator's credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliatethe Originator, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliatethe Originator, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render that the rights and remedies of the holder thereof are adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) whichthat, if made when due, shall will fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 3 contracts

Samples: Purchase Agreement (Triad Automobile Receivables Trust 2004-A), Purchase Agreement (Triad Automobile Receivables Trust 2005-A), Purchase Agreement (Triad Financial Special Purpose LLC)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCreditthe Originator, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit the Originator from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit the Originator and was validly assigned by such Dealer to AmeriCredit the Originator pursuant to a Dealer Assignment Assignment, or (iviii) by a Third-Party Lender and purchased by AmeriCredit the Originator from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit the Originator and was validly assigned by such Third-Party Lender to AmeriCredit the Originator pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating Affiliatethe Originator, such Dealer or such Third-Party Lender for the retail sale or refinancing of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliatethe Originator’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated case, in accordance with AmeriCreditthe Originator’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliatethe Originator, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliatethe Originator, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render that the rights and remedies of the holder thereof are adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) whichthat, if made when due, shall will fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which have not been waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 3 contracts

Samples: Purchase Agreement (Triad Financial Special Purpose LLC), Purchase Agreement (Triad Financial Special Purpose LLC), Purchase Agreement (Triad Financial Special Purpose LLC)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iviii) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s's, the Dealer’s 's or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s 's credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s 's electronic records relating thereto.

Appears in 3 contracts

Samples: Purchase Agreement (Americredit Automobile Receivable Trust 2005-D-A), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2005-1), Purchase Agreement (Americredit Automobile Receivables Trust 2005-1)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment Assignment, (iii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating AffiliateDealer, such Dealer Originating Affiliate or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliatethe Dealer’s, the DealerOriginating Affiliate’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed or electronically authenticated (as defined in the UCC) by the parties thereto, and AmeriCredit, each Originating AffiliateDealer, each Dealer Originating Affiliate and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating AffiliateDealer, each such Dealer Originating Affiliate or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a fully amortizing Simple Interest Receivable or Pre-Computed Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 2 contracts

Samples: Sale and Servicing (Americredit Corp), Sale and Servicing (Americredit Corp)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCreditthe Receivables Seller, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit the Receivables Seller from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit the Receivables Seller and was validly assigned by such Dealer to AmeriCredit the Receivables Seller pursuant to a Dealer Assignment or (iviii) by a Third-Party Lender and purchased by AmeriCredit the Receivables Seller from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit the Receivables Seller and was validly assigned by such Third-Party Lender to AmeriCredit the Receivables Seller pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating Affiliatethe Receivables Seller, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’sthe Receivables Seller's, the Dealer’s 's or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s the Receivables Seller's credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliatethe Receivables Seller, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliatethe Receivables Seller, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a fully amortizing Simple Interest Receivable or Pre-Computed Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 2 contracts

Samples: Sale and Servicing (Americredit Corp), Sale and Servicing Agreement (Americredit Corp)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCreditTriad, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit Triad from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit Triad and was validly assigned by such Dealer to AmeriCredit Triad pursuant to a Dealer Assignment Assignment, or (iviii) by a Third-Party Lender and purchased by AmeriCredit Triad from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit Triad and was validly assigned by such Third-Party Lender to AmeriCredit Triad pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating AffiliateTriad, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’sTriad's, the Dealer’s 's or the Third-Party Lender’s 's business, in each case was originated case, in accordance with AmeriCredit’s Triad's credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating AffiliateTriad, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating AffiliateTriad, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render that the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) whichthat, if made when due, shall will fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 2 contracts

Samples: Purchase Agreement (Triad Auto Receivables Trust 2003-A), Purchase Agreement (Triad Automobile Receivables Trust 2002 A)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iviii) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder Lender thereof adequate for realization against the collateral security, (D) is a fully amortizing Simple Interest Receivable or Pre-Computed Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 2 contracts

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

Characteristics of Receivables. Each Receivable (A) was ------------------------------ originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iviii) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s's, the Dealer’s 's or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s 's credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a fully amortizing Simple Interest Receivable or Pre-Computed Receivable which provides for level monthly payments (provided that the period -------- in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Corp)

Characteristics of Receivables. (A) Each Receivable (A1) was has been originated (i) in the United States of America by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by CPS or a Dealer and purchased by AmeriCredit from without any fraud or misrepresentation on the part of CPS or such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, CPS’s or such Originating Affiliate’s, the Dealer’s business (and CPS or such Dealer had all necessary licenses and permits to originate such Receivable in the Third-Party Lender’s businessState where such Dealer was located or where such Receivable was originated), in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties thereto, has been purchased or originated by CPS in connection with the related Obligor’s purchase of the related Financed Vehicle and AmeriCredithas been validly assigned by such Dealer to CPS, each Originating Affiliateif not originated by CPS, each Dealer and each Third-Party Lender had all necessary licenses has been validly assigned by CPS to the Seller and permits by the Seller to originate Receivables the Issuer, (2) has created a valid, subsisting, and enforceable first priority perfected security interest in favor of CPS in the state where AmeriCreditFinanced Vehicle, each which security interest has been assigned by CPS to the Seller, which in turn has assigned such Originating Affiliate, each such Dealer or each such Third-Party Lender was locatedsecurity interest to the Grantor Trust, (C3) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral securityof the benefits of the security including, without limitation, a right of repossession following a default, (D4) is a Receivable which provides for level monthly scheduled payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term (except for the last scheduled payment, which may be different from the level monthly payment) and yield interest at the Annual Percentage Rate, (5) has an Annual Percentage Rate of not less than 8.00% and not greater than 28.00%, (6) is a Simple Interest Receivable, (7) if originated by a Dealer, was sold by such Dealer without any fraud or misrepresentation on the part of such Dealer, (8) is denominated in U.S. dollars and (E9) has not been amended or collections with respect to which waivedprovides, other than as evidenced in the case of a prepayment, for the full payment of the Principal Balance thereof plus accrued interest through the date of prepayment based on the Annual Percentage Rate of the Receivable. Approximately 74.47% of the aggregate Principal Balance of the Initial Receivables as of the Initial Cutoff Date represents financing of used automobiles, light trucks, vans or minivans; the remainder of the Initial Receivables represent financing of new vehicles; approximately 3.97% of the aggregate Principal Balance of the Initial Receivables as of the Initial Cutoff Date were originated under the CPS Preferred Program; approximately 47.46% of the aggregate Principal Balance of the Initial Receivables as of the Initial Cutoff Date were originated under the CPS Alpha Program; approximately 8.60% of the aggregate Principal Balance of the Initial Receivables as of the Initial Cutoff Date were originated under the CPS Delta Program; approximately 2.59% of the Initial Receivables as of the Initial Cutoff Date were originated under the CPS First-Time Buyer Program; approximately 10.86% of the aggregate Principal Balance of the Initial Receivables as of the Initial Cutoff Date were originated under the CPS Standard Program; approximately 10.60% of the aggregate Principal Balance of the Initial Receivables as of the Initial Cutoff Date were originated under the CPS Super Alpha Program; approximately 15.93% of the aggregate Principal Balance of the Initial Receivables as of the Initial Cutoff Date were originated under the CPS Alpha Plus Program; all of the Initial Receivables were acquired by the Seller; approximately 11.8% of the aggregate Principal Balance of the Initial Receivables as of the Initial Cutoff Date were Post-Petition Receivables; each Initial Receivable File has a final scheduled payment due no later than February 28, 2022; and each Initial Receivable was originated on or before the Servicer’s electronic records relating theretoInitial Cutoff Date.

Appears in 1 contract

Samples: Sale and Servicing (Consumer Portfolio Services Inc)

Characteristics of Receivables. Each Receivable (A1) was originated is evidenced either by (i) by AmeriCredit, a retail installment sale contract or (ii) an installment promissory note and security agreement; (2) if such Receivable is evidenced by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredita retail installment sale contract, (iii) has been originated in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’ssuch Dealer’s business and without any fraud or misrepresentation on the part of such Dealer, the Seller or the related Obligor, such Originating Affiliate’sDealer had all necessary licenses and permits to originate such Receivables in the state where such Dealer was located, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each has been purchased by the Seller directly from such Dealer pursuant to a Dealer Agreement in connection with the sale of Financed Vehicles by such Dealer and each Third-Party Lender had all necessary licenses has been validly assigned without any intervening assignments by such Dealer to the Seller in accordance with its terms; (3) was not originated by a Consumer Lender; (4) has created a valid, subsisting, and permits to originate Receivables enforceable first priority perfected security interest in favor of the Seller in the state where AmeriCreditFinanced Vehicle, each such Originating Affiliatewhich security interest has been validly assigned by the Seller to the Purchaser, each such Dealer or each such Third-Party Lender was located, and by the Purchaser to the Collateral Agent for the benefit of the Secured Parties; (C5) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral security, of the benefits of the security including without limitation a right of repossession following a default; (D6) is a Receivable which provides for level weekly, bi-weekly, semi-monthly or monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term (except for the last payment, which may be different from the level payment but in no event shall exceed three times such level payment) and yields interest at the Annual Percentage Rate; (7) is a Simple Interest Receivable; (8) provides, in the case of prepayment, for the full payment of the Principal Balance thereof plus accrued interest through the date of prepayment based on the APR of the Receivable; (9) is denominated in U.S. dollars; and (E10) has not been amended or collections with respect contains no obligation to which waived, other than as evidenced lend more money to the related Obligor in the Receivable File or the Servicer’s electronic records relating theretofuture.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Characteristics of Receivables. Each Receivable is either a Prime Receivable, Near Prime Receivable or Subprime Receivable and (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment Assignment, (iii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating AffiliateDealer, such Dealer Originating Affiliate or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliatethe Dealer’s, the DealerOriginating Affiliate’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed or electronically authenticated (as defined in the UCC) by the parties thereto, and AmeriCredit, each Originating AffiliateDealer, each Dealer Originating Affiliate and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating AffiliateDealer, each such Dealer Originating Affiliate or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a fully amortizing Simple Interest Receivable or Pre-Computed Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 1 contract

Samples: Sale and Servicing (Americredit Corp)

Characteristics of Receivables. Each Receivable (A) was originated by a ------------------------------ Dealer for the retail sale of a Financed Vehicle in the ordinary course of such Dealer's business in accordance with either (i) by AmeriCredit, TFC's credit policies or (ii) credit policies which were reviewed by an Originating Affiliate TFC prior to a purchase of a Receivable by TFC and such Dealer had all necessary licenses and permits to originate Receivables in the state where such Dealer was validly assigned located, was fully and properly executed by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and the parties thereto was purchased by AmeriCredit TFC from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and Assignment, was validly assigned by such Dealer to AmeriCredit TFC pursuant to a the Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant the Dealer Assignment, was validly assigned by TFC to a Third-Party Lender Assignment with AmeriCredit the Seller, and was validly assigned by such Third-Party Lender the Seller to AmeriCredit pursuant the Trust and pledged by the Trust to a Third-Party Lender Assignment the Trust Collateral Agent, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (DC) is a Receivable which provides for level monthly payments Scheduled Receivable Payments (provided that the period payment in the first Collection Monthly Period and the payment in the final Collection Monthly Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term term, (D) provides for, in the event that the related Contract is prepaid, a prepayment that fully pays the principal balance of such related Contract and includes accrued but unpaid interest through the date of prepayment in an amount at least equal to the annual percentage rate, (E) has not been amended or rewritten, or collections with respect to which deferred or waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto, (F) that is a military Receivable, has an original term of eleven (11) to forty-eight (48) months or that is a civilian Receivable, has an original term of eleven (11) to sixty (60) months, (G) that has been acquired by TFC and, if a monthly pay contract which is not more than thirty (30) days delinquent, the related Obligor does not have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (H) that has been acquired by TFC and, if a non-monthly-pay contract, is not more than thirty (30) days delinquent nor is it defaulted based on the Company's methodology in effect for converting non-monthly pay Receivables to a daily delinquency equivalent as such methodology is described in Schedule 1 of the Insurance Agreement nor does the Obligor have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (I) has a final Scheduled Receivable Payment due no less than eight (8) months before the Final Receivable Payment Date, (J) has an annual percentage rate of not less than 12.9%, (K) has a remaining Principal Balance of not more than $17,500, (L) has not been extended beyond its original term, except in keeping with the TFC's stated policies and procedures for deferments contained in the August 1, 1992 memo attached as part of Exhibit E to the Sale and Servicing Agreement, which allows for up to two, one-month deferments in any twelve month period not to exceed up to four, one-month deferments over the life of a monthly-pay contract, (M) satisfies in all material respects, including but not limited to, down-payment provisions, the requirements under TFC's Credit Guidelines as in effect on August 31, 1999, (N) was purchased through an approved Dealer of TFC, (O) is due from a U.S. citizen in the case of military Receivables and a U.S. resident in the case of civilian Receivables and is denominated in U.S. dollars, (P) is secured by a Financed Vehicle and a valid first priority perfected security interest is in effect with respect to such Financed Vehicle, (Q) is owned solely by TFC free and clear of any lien, claim, or other encumbrance, excluding liens that will be released no later than the Closing Date, (R) with respect to the related security interest in the related Financed Vehicle is perfected and with clear legal right of repossession, (S) that is a Point-of-Sale Receivable, was secured by a vehicle covered by an Insurance Policy, and naming TFC as loss payee on the date the loan advance was made, (T) meets, in all material respects, all applicable requirements of federal, state, and local laws and regulations, (U) is not subject to any right of setoff by the Obligor and (V) will be clearly marked in the books and records of TFC as being sold to Seller, and from Seller to Issuer and liened to the Trust Collateral Agent.

Appears in 1 contract

Samples: Purchase Agreement (TFC Enterprises Inc)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment Assignment, (iii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating AffiliateDealer, such Dealer Originating Affiliate or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliatethe Dealer’s, the DealerOriginating Affiliate’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed or electronically authenticated (as defined in the UCC) by the parties thereto, and AmeriCredit, each Originating AffiliateDealer, each Dealer Originating Affiliate and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating AffiliateDealer, each such Dealer Originating Affiliate or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a fully amortizing Simple Interest Receivable or Pre-Computed Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Characteristics of Receivables. Each Receivable (A1) was originated is evidenced either by (i) by AmeriCredit, a retail installment sale contract or (ii) an installment promissory note and security agreement; (2) if such Receivable is evidenced by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredita retail installment sale contract, (iii) has been originated in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’ssuch Dealer's business and without any fraud or misrepresentation on the part of the Dealer, such Originating Affiliate’sDealer had all necessary licenses and permits to originate such Receivables in the state where such Dealer was located, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties thereto, and AmeriCredithas been purchased by the Seller or TFC, each Originating Affiliateas applicable, each directly from the Dealer in connection with the sale of Financed Vehicles by the Dealer and each Third-Party has been validly assigned without any intervening assignments by such Dealer to the Seller or TFC, as applicable, in accordance with its terms; (3) if such Receivable is evidenced by an installment promissory note and security agreement, has been originated in the United States of America by a Consumer Lender in the ordinary course of such Consumer Lender's business and without any fraud or misrepresentation on the part of such Consumer Lender or the Dealer, and such Consumer Lender had all necessary licenses and permits to originate Receivables such Receivable in the state State where AmeriCredit, each such Originating Affiliate, each Receivable was originated and where such Dealer or each such Third-Party Consumer Lender was located, and such Receivable has been fully and properly executed by the parties thereto, has been purchased by the Seller directly from the Consumer Lender (Cif the Consumer Lender is not the Seller) in connection with the sale of Financed Vehicles by the Dealer and has been validly assigned by such Consumer Lender without any intervening assignments by such Consumer Lender to the Seller (if the Consumer Lender is not the Seller); (4) has created a valid, subsisting, and enforceable first priority perfected security interest in favor of the Seller, TFC or the Consumer Lender, as applicable, in the Financed Vehicle, which security interest has been validly assigned by the Seller or TFC, as applicable, to the Purchaser or by the Consumer Lender to the Seller (if the Consumer Lender is not the Seller) and by the Seller to the Purchaser, as applicable, and by the Purchaser to the Trustee; (5) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral security, of the benefits of the security including without limitation a right of repossession following a default; (D6) is a Receivable which provides for level weekly, bi-weekly, semi-monthly or monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term (except for the last payment, which may be different from the level payment but in no event shall exceed three times such level payment) and yields interest at the Annual Percentage Rate; (7) is a Rule of 78's Receivable or a Simple Interest Receivable; (8) if such Receivable is a Rule of 78's Receivable, provides for, in the event that such contract is prepaid, a prepayment that fully pays the Principal Balance and includes a full month's interest, in the month of prepayment, at the APR of the Receivable; (9) if such Receivable is a Simple Interest Receivable, provides, in the case of prepayment, for the full payment of the Principal Balance thereof plus accrued interest through the date of prepayment based on the APR of the Receivable; (10) if such Receivable is evidenced by a retail installment sale contract, was originated by a Dealer to an Obligor and was sold by the Dealer to the Seller or TFC, as applicable, or if such Receivable is evidenced by an installment promissory note and security agreement, was originated by a Consumer Lender to an Obligor and, if not originated by the Seller, has been sold by such Consumer Lender to the Seller, in each case without any fraud or misrepresentation on the part of the Seller, TFC, such Consumer Lender, such Dealer or the related Obligor; (11) is denominated in U.S. dollars; and (E12) has not been amended or collections with respect contains no obligation to which waived, other than as evidenced lend more money to the related Obligor in the Receivable File or the Servicer’s electronic records relating theretofuture.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Characteristics of Receivables. (A) Each Receivable (A1) was has been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’ssuch Dealer's business, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables such Receivable in the state State where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, has been fully and properly executed by the parties thereto and has been purchased by LBAC from such Dealer under an existing Dealer Agreement with LBAC, in connection with the sale of Financed Vehicles by the Dealer, and was validly assigned by such Dealer to LBAC in accordance with its terms, (C2) has created a valid, subsisting, and enforceable first priority security interest in favor of LBAC in the Financed Vehicle, which security interest is assignable and has been validly assigned by LBAC to the Transferor, which in turn has been validly assigned by the Transferor to the Issuer pursuant to the Sale and Servicing Agreement, which in turn has been validly assigned by the Issuer to the Indenture Trustee pursuant to the Indenture, (3) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral of the benefits of the security, (D4) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term (except for the first or last payment, which may be minimally different from the level payment) and yield interest at the Annual Percentage Rate, (5) has an Annual Percentage Rate of not less than ___%, (6) in the case of a Receivable that is a Precomputed Receivable, in the event that such Receivable is prepaid, provides for a prepayment that fully pays the Principal Balance and includes, unless prohibited by applicable law, a full month's interest, in the month of prepayment, at the Annual Percentage Rate, (7) is a Precomputed Receivable or a Simple Interest Receivable, and (E8) was originated by a Dealer to an Obligor and was sold by the Dealer to LBAC without any fraud or misrepresentation on the part of such Dealer or on the part of the Obligor; and (B) has not been amended approximately _____% of the aggregate Principal Balance of the Receivables, constituting _____% of the number of contracts, as of the Cutoff Date, represents financing of used automobiles, vans, sport utility vehicles or collections with respect to which waivedlight duty trucks; the remainder of the Receivables represent financing of new automobiles, other vans, sport utility vehicles or light duty trucks; approximately ____% of the aggregate Principal Balance of the Receivables as of the Cutoff Date were originated under the LBAC Class I program; approximately _____% of the aggregate Principal Balance of the Receivables as of the Cutoff Date were originated under the LBAC Class IIA program; approximately _____% of the aggregate Principal Balance of the Receivables as of the Cutoff Date were originated under the LBAC Class IIB program; approximately _____% of the aggregate Principal Balance of the Receivables as of the Cutoff Date were originated under the LBAC Class III program; approximately ____% of the aggregate Principal Balance of the Receivables as of the Cutoff Date were originated under the LBAC Class IV program; no Receivable shall have a payment that is more than 29 days overdue (calculated on the basis of a 360-day year of twelve 30-day months) as evidenced in of the Cutoff Date; _____% of the aggregate Principal Balance of the Receivables are Precomputed Receivables and _____% of the aggregate Principal Balance of the Receivables are Simple Interest Receivables; each Receivable File shall have a final scheduled payment due no later than ________________. Each Receivable was originated on or before the Servicer’s electronic records relating theretoCutoff Date.

Appears in 1 contract

Samples: Purchase Agreement (Long Beach Acceptance Corp)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 1 contract

Samples: Purchase Agreement (General Motors Financial Company, Inc.)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCreditthe [related] Originator, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCreditthe [related] Originator, (iii) by a Dealer and purchased by AmeriCredit the [related] Originator from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit the [related] Originator and was validly assigned by such Dealer to AmeriCredit the [related] Originator pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit the [related] Originator from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit the [related] Originator and was validly assigned by such Third-Party Lender to AmeriCredit the [related] Originator pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCreditthe [related] Originator, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCreditthe [related] Originator’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCreditthe [related] Originator’s credit policies and was fully and properly executed by the parties thereto, and AmeriCreditthe [related] Originator, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit[the/each] Originator, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 1 contract

Samples: Sale and Servicing (AFS SenSub Corp.)

Characteristics of Receivables. (A) Each Receivable (A1) was has been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’ssuch Dealer's business, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables such Receivable in the state State where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, has been fully and properly executed by the parties thereto and has been purchased by Triad from such Dealer under an existing Dealer Agreement with Triad, in connection with the sale of Financed Vehicles by the Dealer, and was validly assigned by such Dealer to Triad in accordance with its terms, (C2) has created a valid, subsisting, and enforceable first priority security interest in favor of Triad in the Financed Vehicle, which security interest is assignable and has been validly assigned by Triad to the Transferor, which in turn has been validly assigned by the Transferor to the Issuer pursuant to the [Sale and Servicing Agreement/Pooling and Servicing Agreement], which in turn has been validly assigned by the Issuer to the Indenture Trustee pursuant to the Indenture, (3) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral of the benefits of the security, (D4) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term (except for the first or last payment, which may be minimally different from the level payment) and yield interest at the Annual Percentage Rate, (5) has an Annual Percentage Rate of not less than ___%, (6) in the case of a Receivable that is a Precomputed Receivable, in the event that such Receivable is prepaid, provides for a prepayment that fully pays the Principal Balance and includes, unless prohibited by applicable law, a full month's interest, in the month of prepayment, at the Annual Percentage Rate, (7) is a Precomputed Receivable or a Simple Interest Receivable, and (E8) was originated by a Dealer to an Obligor and was sold by the Dealer to Triad without any fraud or misrepresentation on the part of such Dealer or on the part of the Obligor; and (B) has not been amended approximately _____% of the aggregate Principal Balance of the Receivables, constituting _____% of the number of contracts, as of the Cutoff Date, represents financing of used automobiles, vans, sport utility vehicles or collections with respect to which waivedlight duty trucks; the remainder of the Receivables represent financing of new automobiles, other vans, sport utility vehicles or light duty trucks; approximately ____% of the aggregate Principal Balance of the Receivables as of the Cutoff Date were originated under the Triad Class I program; approximately _____% of the aggregate Principal Balance of the Receivables as of the Cutoff Date were originated under the Triad Class IIA program; approximately _____% of the aggregate Principal Balance of the Receivables as of the Cutoff Date were originated under the Triad Class IIB program; approximately _____% of the aggregate Principal Balance of the Receivables as of the Cutoff Date were originated under the Triad Class III program; approximately ____% of the aggregate Principal Balance of the Receivables as of the Cutoff Date were originated under the Triad Class IV program; no Receivable shall have a payment that is more than 29 days overdue (calculated on the basis of a 360-day year of twelve 30-day months) as evidenced in of the Cutoff Date; _____% of the aggregate Principal Balance of the Receivables are Precomputed Receivables and _____% of the aggregate Principal Balance of the Receivables are Simple Interest Receivables; each Receivable File shall have a final scheduled payment due no later than ________________. Each Receivable was originated on or before the Servicer’s electronic records relating theretoCutoff Date.

Appears in 1 contract

Samples: Purchase Agreement (Triad Financial Corp)

Characteristics of Receivables. Each Receivable (Aa) was has been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties thereto, has been purchased either (X) by the Seller from Ford Credit, which in turn has purchased such Receivable from a Dealer under an existing dealer agreement with Ford Credit, and AmeriCreditwhich has been validly assigned by such Dealer to Ford Credit and which in turn has been validly assigned by Ford Credit to the Seller in accordance with its terms, each Originating Affiliateor (Y) by the Seller from Ford Credit, each which has been assigned such Receivable by PRIMUS, which in turn has purchased such Receivable from a Dealer or other finance source (provided that such purchase relates to an individual Receivable and each Third-Party Lender had all necessary licenses not a bulk purchase) under an existing agreement with PRIMUS, and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each which has been validly assigned by such Dealer or each such Third-Party Lender was locatedother finance source to PRIMUS and has been validly assigned by PRIMUS to Ford Credit in the ordinary course of business and which in turn has been validly assigned by Ford Credit to the Seller in accordance with its terms, (Cb) creates or has created a valid, subsisting, and enforceable first priority security interest in favor of Ford Credit in the Financed Vehicle, which security interest has been assigned by Ford Credit to the Seller, which in turn will be assignable by the Seller to the Issuer, (c) contains customary and enforceable provisions such as to render that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security, (Dd) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period last month in the life of the Receivable may be minimally different from but in no event more than twice the normal period and amount of the level payment) which, if made when due, shall that fully amortize the Amount Financed over by maturity and yield interest at the original term Annual Percentage Rate, (e) provides for, in the event that such contract is prepaid, a prepayment that fully pays the Principal Balance, and (Ef) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating theretois a Simple Interest Receivable.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)

Characteristics of Receivables. Each Receivable (Aa) was has been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties thereto, has been purchased either (X) by the Seller from Ford Credit, which in turn has purchased such Receivable from a Dealer under an existing dealer agreement with Ford Credit, and AmeriCreditwhich has been validly assigned by such Dealer to Ford Credit and which in turn has been validly assigned by Ford Credit to the Seller in accordance with its terms, each Originating Affiliateor (Y) by the Seller from Ford Credit, each which has been assigned such Receivable by PRIMUS, which in turn has purchased such Receivable from a Dealer or other finance source (provided that such purchase relates to an individual Receivable and each Third-Party Lender had all necessary licenses not a bulk purchase) under an existing agreement with PRIMUS, and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each which has been validly assigned by such Dealer or each such Third-Party Lender was locatedother finance source to PRIMUS and has been validly assigned by PRI MUS to Ford Credit in the ordinary course of business and which in turn has been validly assigned by Ford Credit to the Seller in accordance with its terms, (Cb) creates or has created a valid, subsisting, and enforceable first priority security interest in favor of Ford Credit in the Financed Vehicle, which security interest has been assigned by Ford Credit to the Seller, which in turn will be assignable by the Seller to the Issuer, (c) contains customary and enforceable provisions such as to render that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security, (Dd) provides for, in the event that such contract is prepaid, a Receivable which prepayment that fully pays the Principal Balance, (d) provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period last month in the life of the Receivable may be minimally different from up to twice the normal period and amount of the level payment) which, if made when due, shall that fully amortize the Amount Financed over by maturity and yield interest at the original term Annual Percentage Rate, and (Ee) has not been amended is an Actuarial Receivable or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating theretoa Simple Interest Receivable.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)

Characteristics of Receivables. Each Receivable (A) was originated by a Dealer for the retail sale of a Financed Vehicle in the ordinary course of such Dealer's business in accordance with either (i) by AmeriCredit, TFC's credit policies or (ii) credit policies which were reviewed by an Originating Affiliate TFC prior to a purchase of a Receivable by TFC and such Dealer had all necessary licenses and permits to originate Receivables in the state where such Dealer was validly assigned located, was fully and properly executed by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and the parties thereto was purchased by AmeriCredit TFC from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and Assignment, was validly assigned by such Dealer to AmeriCredit TFC pursuant to a the Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant the Dealer Assignment, was validly assigned by TFC to a Third-Party Lender Assignment with AmeriCredit the Seller, and was validly assigned by such Third-Party Lender the Seller to AmeriCredit pursuant the Trust and pledged by the Trust to a Third-Party Lender Assignment the Trust Collateral Agent, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (DC) is a Receivable which provides for level monthly payments Scheduled Receivable Payments (provided that the period payment in the first Collection Monthly Period and the payment in the final Collection Monthly Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term term, (D) provides for, in the event that the related Contract is prepaid, a prepayment that fully pays the principal balance of such related Contract and includes accrued but unpaid interest through the date of prepayment at a rate at least equal to the annual percentage rate, (E) has not been amended or rewritten, or collections with respect to which deferred or waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto, (F) that is a military Receivable, has an original term of twelve (12) to sixty (60) months or that is a civilian Receivable, has an original term of twelve (12) to sixty (60) months, (G) has been acquired by TFC and, if a monthly pay contract, is not more than thirty (30) days delinquent and the related Obligor does not have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (H) has been acquired by TFC and, if a non-monthly-pay contract, is not more than thirty (30) days delinquent nor is it defaulted based on TFC's methodology in effect for converting non-monthly pay Receivables to a daily delinquency equivalent as such methodology is described in Schedule 1 of the Insurance Agreement nor does the Obligor have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (I) has a final Scheduled Receivable Payment due no less than eight (8) months before the Final Scheduled Payment Date, (J) has an annual percentage rate of not less than 12.00%, (K) has a remaining Principal Balance of not more than $19,744, (L) has not been extended beyond its original term, except in keeping with TFC's stated policies and procedures for deferments contained in the August 1, 1992 memo attached as part of Exhibit E hereto, which allows for up to two, one-month deferments in any twelve month period not to exceed up to four, one-month deferments over the life of a monthly-pay contract, (M) satisfies, the requirements under TFC's Credit Guidelines as in effect on August 31, 1999 in all material respects (except with respect to (a) changes associated with certain memorandums previously delivered to the Insurer related to allowing total loss protection instead of comprehensive vehicle insurance and (b) a new lending program called, Special E4 Program), including but not limited to, down-payment provisions, (N) was purchased through an approved Dealer of TFC, (O) is due from a U.S. citizen in the case of military Receivables and a U.S. resident in the case of civilian Receivables and is denominated in U.S. dollars, (P) meets, in all material respects, all applicable requirements of federal, state, and local laws and regulations, and (Q) is not subject to any right of setoff by the Obligor.

Appears in 1 contract

Samples: Sale and Servicing (TFC Enterprises Inc)

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Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by the Contributor or a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale or refinancing of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the DealerContributor’s or the Third-Party Lendersuch Dealer’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Contributor or such Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state State where AmeriCredit, each such Originating Affiliate, each the Contributor or such Dealer or each was located (except for any Ineligible Receivable), was fully and properly executed by the parties thereto, and, in the case of Receivables originated by a Dealer, was purchased by the Contributor from such Third-Party Lender Dealer under an existing Dealer Agreement with the Contributor and was locatedvalidly assigned by such Dealer to the Contributor, (B) was purchased by the Depositor from the Contributor pursuant to the Contribution Agreement and was validly assigned by the Contributor to the Depositor, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is not a Rule of 78s Receivable or a pre-computed interest Receivable, but is a fully amortizing simple interest receivable which provides for level monthly payments (provided that the period payment or payments in the first Collection Period and the payment in the final Collection Period of the life of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and term, (E) provides that, in the event such Receivable is prepaid, such prepayment fully pays the principal balance and all accrued and unpaid interest through the date of such prepayment at an interest rate equal to or greater than the APR, (F) has not been amended amended, rewritten, modified or collections with respect to which deferred, nor any provisions thereof waived, other than except in accordance with the Collection Policy and the provisions of the Transaction Documents, (G) is payable in United States dollars and (H) does not entitle the Contributor to reduce, nor has the Contributor reduced, the APR under such Receivable to below 4%. No Subsequent Receivable will be a Chapter 13 Receivable, an Ultra Receivable or a Lendco Receivable, as evidenced in the Receivable File or the Servicer’s electronic records relating theretoof its transfer date.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bay View Capital Corp)

Characteristics of Receivables. Each Receivable (A1) was has been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each has been purchased by the related Applicable Purchaser in connection with the sale of Financed Vehicles by a Dealer and each Thirdhas been validly assigned by such Dealer to such Applicable Purchaser, by such Applicable Purchaser to CPS (either directly or through other wholly-Party Lender had all necessary licenses owned subsidiaries of CPS), by CPS to the Seller, by the Seller to the Trust, (2) has created a valid, subsisting, and permits to originate Receivables enforceable first priority perfected security interest in favor of the related Applicable Purchaser in the state where AmeriCreditFinanced Vehicle, each which security interest has been assigned by the Applicable Purchaser to CPS (either directly or through other wholly-owned subsidiaries of CPS), which in turn has assigned such Originating Affiliatesecurity interest to the Seller, each which in turn assigned such Dealer or each security interest to the Trust, which in turn has pledged such Third-Party Lender was locatedsecurity interest to the Trustee for the benefit of the Securityholders and the Note Insurer, (C3) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral securityof the benefits of the security including, without limitation, a right of repossession following a default, (D4) is either a Rule of 78s Receivable which provides for level monthly payments or a Simple Interest Receivable, (provided that 5) was originated by the period related Dealer and was sold by such Dealer without any fraud or misrepresentation on the part of such Dealer, (6) is denominated in U.S. dollars, (7) has a final scheduled payment due no later than June 30, 2013; (8) was originated on or before the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term related Cutoff Date; and (E9) has is not been amended or collections more than 30 days past due with respect to which waivedmore than 10% of any Scheduled Receivable Payment as of the related Cutoff Date and no funds have been advanced by the Seller, other than as evidenced the Applicable Purchaser, any Dealer or anyone acting on their behalf in the order to cause any Receivable File or the Servicer’s electronic records relating thereto.to satisfy such requirement;

Appears in 1 contract

Samples: Sale and Servicing (Consumer Portfolio Services Inc)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCreditSeller, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit Seller from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit Seller and was validly assigned by such Dealer to AmeriCredit Seller pursuant to a Dealer Assignment or (iviii) by a Third-Party Lender and purchased by AmeriCredit Seller from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit Seller and was validly assigned by such Third-Party Lender to AmeriCredit Seller pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating AffiliateSeller, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating AffiliateSeller’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCreditSeller’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating AffiliateSeller, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating AffiliateSeller, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 1 contract

Samples: Purchase and Servicing Agreement (Welund Fund Inc)

Characteristics of Receivables. Each Receivable (A) was originated by ------------------------------ a Dealer for the retail sale of a Financed Vehicle in the ordinary course of such Dealer's business in accordance with either (i) by AmeriCredit, TFC's credit policies or (ii) credit policies which were reviewed by an Originating Affiliate TFC prior to a purchase of a Receivable by TFC and such Dealer had all necessary licenses and permits to originate Receivables in the state where such Dealer was validly assigned located, was fully and properly executed by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and the parties thereto was purchased by AmeriCredit TFC from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and Assignment, was validly assigned by such Dealer to AmeriCredit TFC pursuant to a the Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant the Dealer Assignment, was validly assigned by TFC to a Third-Party Lender Assignment with AmeriCredit the Seller, and was validly assigned by such Third-Party Lender the Seller to AmeriCredit pursuant the Trust and pledged by the Trust to a Third-Party Lender Assignment the Trust Collateral Agent, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (DC) is a Receivable which provides for level monthly payments Scheduled Receivable Payments (provided that the period payment in the first Collection Monthly Period and the payment in the final Collection Monthly Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term term, (D) provides for, in the event that the related Contract is prepaid, a prepayment that fully pays the principal balance of such related Contract and includes accrued but unpaid interest through the date of prepayment in an amount at least equal to the annual percentage rate, (E) has not been amended or rewritten, or collections with respect to which deferred or waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto, (F) that is a military Receivable, has an original term of eleven (11) to forty-eight (48) months or that is a civilian Receivable, has an original term of eleven (11) to sixty (60) months, (G) that has been acquired by TFC and, if a monthly pay contract which is not more than thirty (30) days delinquent, the related Obligor does not have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (H) that has been acquired by TFC and, if a non-monthly-pay contract, is not more than thirty (30) days delinquent nor is it defaulted based on the Company's methodology in effect for converting non-monthly pay Receivables to a daily delinquency equivalent as such methodology is described in Schedule 1 of the Insurance Agreement nor does the Obligor have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (I) has a final Scheduled Receivable Payment due no less than eight (8) months before the Final Scheduled Payment Date, (J) has an annual percentage rate of not less than 9.9%, (K) has a remaining Principal Balance of not more than $24,411, (L) has not been extended beyond its original term, except in keeping with the TFC's stated policies and procedures for deferments contained in the August 1, 1992 memo attached as part of Exhibit E hereto, which allows for up to two, one-month deferments in any twelve month period not to exceed up to four, one-month deferments over the life of a monthly-pay contract, (M) satisfies, the requirements under TFC's Credit Guidelines as in effect on August 31, 1999 in all material respects (except with respect to (a) changes associated with certain memorandums previously delivered to the Insurer related to allowing total loss protection instead of comprehensive vehicle insurance and (b) a new lending program called, Special E4 Program), including but not limited to, down-payment provisions, (N) was purchased through an approved Dealer of TFC, (O) is due from a U.S. citizen in the case of military Receivables and a U.S. resident in the case of civilian Receivables and is denominated in U.S. dollars, (P) is secured by a Financed Vehicle and a valid first priority perfected security interest is in effect with respect to such Financed Vehicle, (Q) is owned solely by TFC free and clear of any lien, claim, or other encumbrance, excluding liens that will be released no later than the Closing Date, (R) with respect to the related security interest in the related Financed Vehicle is perfected and with clear legal right of repossession, (S) that is a Point-of-Sale Receivable, was secured by a vehicle with total loss protection coverage or covered by an Insurance Policy, and naming TFC as loss payee on the date the loan advance was made, (T) meets, in all material respects, all applicable requirements of federal, state, and local laws and regulations, (U) is not subject to any right of setoff by the Obligor and (V) will be clearly marked in the books and records of TFC as being sold to Seller, and from Seller to Issuer and liened to the Trust Collateral Agent.

Appears in 1 contract

Samples: Sale and Servicing Agreement (TFC Enterprises Inc)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCreditthe related Originator, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCreditthe related Originator, (iii) by a Dealer and purchased by AmeriCredit the related Originator from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit the related Originator and was validly assigned by such Dealer to AmeriCredit such Originator pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit the related Originator from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit the related Originator and was validly assigned by such Third-Party Lender to AmeriCredit the related Originator pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCreditthe related Originator, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCreditthe related Originator’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCreditthe related Originator’s credit policies and was fully and properly executed by the parties thereto, and AmeriCreditthe related Originator, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCrediteach Originator, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 1 contract

Samples: Purchase Agreement (AmeriCredit Prime Automobile Receivables Trust 2007-1)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by the Contributor or a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale or refinancing of a Financed Vehicle in the ordinary course of AmeriCredit’s, the Contributor's or such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Contributor or such Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state State where AmeriCredit, each such Originating Affiliate, each the Contributor or such Dealer or each was located (except for any Ineligible Receivable), was fully and properly executed by the parties thereto, and, in the case of Receivables originated by a Dealer, was purchased by the Contributor from such Third-Party Lender Dealer under an existing Dealer Agreement with the Contributor and was locatedvalidly assigned by such Dealer to the Contributor, (B) was purchased by the Depositor from the Contributor pursuant to the Contribution Agreement and was validly assigned by the Contributor to the Depositor, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is not a Rule of 78s Receivable or a pre-computed interest Receivable, but is a fully amortizing simple interest receivable which provides for level monthly payments (provided that the period payment or payments in the first Collection Period and the payment in the final Collection Period of the life of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and term, (E) provides that, in the event such Receivable is prepaid, such prepayment fully pays the principal balance and all accrued and unpaid interest through the date of such prepayment at an interest rate equal to or greater than the APR, (F) has not been amended amended, rewritten, modified or collections with respect to which deferred, nor any provisions thereof waived, other than except in accordance with the Collection Policy and the provisions of the Transaction Documents, (F) is payable in United States dollars and (H) does not entitle the Contributor to reduce, nor has the Contributor reduced, the APR under such Receivable to below 4%. No Subsequent Receivable will be a Chapter 13 Receivable, an Ultra Receivable or a Lendco Receivable, as evidenced in the Receivable File or the Servicer’s electronic records relating theretoof its transfer date.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bay View Capital Corp)

Characteristics of Receivables. Each Receivable (A) was originated by ------------------------------ a Dealer for the retail sale of a Financed Vehicle in the ordinary course of such Dealer's business in accordance with either (i) by AmeriCredit, TFC's credit policies or (ii) credit policies which were reviewed by an Originating Affiliate TFC prior to a purchase of a Receivable by TFC and such Dealer had all necessary licenses and permits to originate Receivables in the state where such Dealer was validly assigned located, was fully and properly executed by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and the parties thereto was purchased by AmeriCredit TFC from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and Assignment, was validly assigned by such Dealer to AmeriCredit TFC pursuant to a the Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant the Dealer Assignment, was validly assigned by TFC to a Third-Party Lender Assignment with AmeriCredit the Seller, and was validly assigned by such Third-Party Lender the Seller to AmeriCredit pursuant the Trust and pledged by the Trust to a Third-Party Lender Assignment the Trust Collateral Agent, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (DC) is a Receivable which provides for level monthly payments Scheduled Receivable Payments (provided that the period payment in the first Collection Monthly Period and the payment in the final Collection Monthly Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term term, (D) provides for, in the event that the related Contract is prepaid, a prepayment that fully pays the principal balance of such related Contract and includes accrued but unpaid interest through the date of prepayment in an amount at least equal to the annual percentage rate, (E) has not been amended or rewritten, or collections with respect to which deferred or waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto, (F) that is a military Receivable, has an original term of eleven (11) to forty-eight (48) months or that is a civilian Receivable, has an original term of eleven (11) to sixty (60) months, (G) that has been acquired by TFC and, if a monthly pay contract which is not more than thirty (30) days delinquent, the related Obligor does not have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (H) that has been acquired by TFC and, if a non-monthly-pay contract, is not more than thirty (30) days delinquent nor is it defaulted based on the Company's methodology in effect for converting non-monthly pay Receivables to a daily delinquency equivalent as such methodology is described in Schedule 1 of the Insurance Agreement nor does the Obligor have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (I) has a final Scheduled Receivable Payment due no less than eight (8) months before the Final Scheduled Payment Date, (J) has an annual percentage rate of not less than 12.9%, (K) has a remaining Principal Balance of not more than $17,500, (L) has not been extended beyond its original term, except in keeping with the TFC's stated policies and procedures for deferments contained in the August 1, 1992 memo attached as part of Exhibit E hereto, which allows for up to two, one-month deferments in any twelve month period not to exceed up to four, one-month deferments over the life of a monthly-pay contract, (M) satisfies in all material respects, including but not limited to, down-payment provisions, the requirements under TFC's Credit Guidelines as in effect on August 31, 1999, (N) was purchased through an approved Dealer of TFC, (O) is due from a U.S. citizen in the case of military Receivables and a U.S. resident in the case of civilian Receivables and is denominated in U.S. dollars, (P) is secured by a Financed Vehicle and a valid first priority perfected security interest is in effect with respect to such Financed Vehicle, (Q) is owned solely by TFC free and clear of any lien, claim, or other encumbrance, excluding liens that will be released no later than the Closing Date, (R) with respect to the related security interest in the related Financed Vehicle is perfected and with clear legal right of repossession, (S) that is a Point-of-Sale Receivable, was secured by a vehicle covered by an Insurance Policy, and naming TFC as loss payee on the date the loan advance was made, (T) meets, in all material respects, all applicable requirements of federal, state, and local laws and regulations, (U) is not subject to any right of setoff by the Obligor and (V) will be clearly marked in the books and records of TFC as being sold to Seller, and from Seller to Issuer and liened to the Trust Collateral Agent.

Appears in 1 contract

Samples: Sale and Servicing (TFC Enterprises Inc)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, AmeriCredit (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 1 contract

Samples: Sale and Servicing (General Motors Financial Company, Inc.)

Characteristics of Receivables. (a) Each Receivable (A1) was has been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties theretothereto and has been purchased by the Seller (or, with respect to the Samco Receivables, Samco, with respect to the Linc Receivables, Linc, and AmeriCredit[with respect to the [Affiliated Originator] Receivables, each Originating Affiliate[Affiliated Originator]]) in connection with the sale of Financed Vehicles by the Dealers, each Dealer (2) has created a valid, subsisting, and each Third-Party Lender had all necessary licenses enforceable first priority security interest in favor of the Seller (or, with respect to the Samco Receivables, Samco, with respect to the Linc Receivables, Linc, and permits [with respect to originate Receivables the [Affiliated Originator] Receivables, [Affiliated Originator]]) in the state where AmeriCreditFinanced Vehicle, each which security interest has been assigned by the Seller (or, with respect to the Samco Receivables, Samco, with respect to the Linc Receivables, Linc, and [with respect to the [Affiliated Originator] Receivables, [Affiliated Originator]]) to the Purchaser, which in turn has assigned such Originating Affiliate, each security interest to the Trust pursuant to the Pooling and Servicing Agreement which will in turn assign such Dealer or each such Third-Party Lender was locatedsecurity interest to the Trustee, (C3) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral of the benefits of the security, (D4) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term (except for the last payment, which may be different from the level payment) and yield interest at the Annual Percentage Rate, (5) has an Annual Percentage Rate of not less than [ %], (6) that is a Rule of 78's Receivable provides for, in the event that such contract is prepaid, a prepayment that fully pays the Principal Balance and includes a full month's interest, in the month of prepayment, at the Annual Percentage Rate, (7) is a Rule of 78's Receivable or a Simple Interest Receivable, and (E) has not been amended 8) was originated by a Dealer and was sold by the Dealer without any fraud or collections with respect to which waived, other than as evidenced in misrepresentation on the Receivable File or the Servicer’s electronic records relating theretopart of such Dealer.

Appears in 1 contract

Samples: CPS Purchase Agreement (Consumer Portfolio Services Inc)

Characteristics of Receivables. Each Receivable (A) was originated by a ------------------------------ Dealer for the retail sale of a Financed Vehicle in the ordinary course of such Dealer's business in accordance with either (i) by AmeriCredit, TFC's credit policies or (ii) credit policies which were reviewed by an Originating Affiliate TFC prior to a purchase of a Receivable by TFC and such Dealer had all necessary licenses and permits to originate Receivables in the state where such Dealer was validly assigned located, was fully and properly executed by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and the parties thereto was purchased by AmeriCredit TFC from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and Assignment, was validly assigned by such Dealer to AmeriCredit the Seller pursuant to a the Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant the Dealer Assignment, was validly assigned by TFC to a Third-Party Lender Assignment with AmeriCredit the Seller, and was validly assigned by such Third-Party Lender the Seller to AmeriCredit pursuant the Trust and pledged by the Trust to a Third-Party Lender Assignment the Trust Collateral Agent, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (DC) is a Receivable which provides for level monthly scheduled payments (provided that the period payment in the first Collection Monthly Period and the payment in the final Collection Monthly Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term term, (D) provides for, in the event that the related Contract is prepaid, a prepayment that fully pays the principal balance of such related Contract and includes accrued but unpaid interest through the date of prepayment in an amount at least equal to the annual percentage rate, (E) has not been amended or rewritten, or collections with respect to which deferred or waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto, (F) has an original term of eleven (11) to forty-eight (48) months and a remaining term of not less than six (6) months, (G) that has been acquired by TFC and, if a monthly pay contract which is not more than thirty (30) days delinquent, the related Obligor does not have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (H) that has been acquired by TFC and, if a non-monthly-pay contract, is not more than thirty (30) days delinquent nor is it defaulted based on the Company's methodology in effect for converting non-monthly pay Receivables to a daily delinquency equivalent as such methodology is described in Schedule 1 of the Insurance Agreement nor does the Obligor have other Receivables owing to TFC that are delinquent, (I) has a final scheduled payment due no less than eight (8) months before the Final Scheduled Payment Date, (J) has not been extended beyond its original term, except in keeping with the TFC's stated policies and procedures which allow for up to two, one-month deferments in any twelve month period not to exceed up to four, one-month deferments over the life of a monthly-pay contract, (K) satisfies in all material respects, including but not limited to, down-payment provisions, the requirements under TFC's Credit Guidelines as in effect on August 31, 1999, (L) was originated through an approved Dealer of TFC, (M) is due from a U.S. citizen in the case of military Receivables and a U.S. resident in the case of civilian Receivables and is denominated in U.S. dollars, (N) is secured by a Financed Vehicle and a valid first priority perfected security interest is in effect with respect to such Financed Vehicle, (O) is owned solely by TFC free and clear of any lien, claim, or other encumbrance, excluding liens that will be released no later than the Closing Date, (P) with respect to the related security interest in the related Financed Vehicle is perfected and with clear legal right of repossession, (Q) that if a Point-of-Sale Receivable, was secured by a vehicle covered by a comprehensive insurance policy covering theft, fire, collision, and naming TFC as loss payee on the date the loan advance was made, (R) meets, in all material respects, all applicable requirements of federal, state, and local laws and regulations, (S) has an annual percentage rate of not less than 14.9%, (T) has a remaining principal balance of net less than fifteen thousand dollars, (U) is not subject to any right of setoff by the Obligor and (V) will be clearly marked in the books and records of TFC as being sold to Seller, and from Seller to Issuer and liened to the Trust Collateral Agent.

Appears in 1 contract

Samples: Purchase Agreement (TFC Enterprises Inc)

Characteristics of Receivables. Each Receivable (A) was originated by a ------------------------------ Dealer for the retail sale of a Financed Vehicle in the ordinary course of such Dealer's business in accordance with either (i) by AmeriCredit, TFC's credit policies or (ii) credit policies which were reviewed by an Originating Affiliate TFC prior to a purchase of a Receivable by TFC and such Dealer had all necessary licenses and permits to originate Receivables in the state where such Dealer was validly assigned located, was fully and properly executed by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and the parties thereto was purchased by AmeriCredit TFC from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and Assignment, was validly assigned by such Dealer to AmeriCredit TFC pursuant to a the Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant the Dealer Assignment, was validly assigned by TFC to a Third-Party Lender Assignment with AmeriCredit the Seller, and was validly assigned by such Third-Party Lender the Seller to AmeriCredit pursuant the Trust and pledged by the Trust to a Third-Party Lender Assignment the Trust Collateral Agent, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (DC) is a Receivable which provides for level monthly payments Scheduled Receivable Payments (provided that the period payment in the first Collection Monthly Period and the payment in the final Collection Monthly Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term term, (D) provides for, in the event that the related Contract is prepaid, a prepayment that fully pays the principal balance of such related Contract and includes accrued but unpaid interest through the date of prepayment in an amount at least equal to the annual percentage rate, (E) has not been amended or rewritten, or collections with respect to which deferred or waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto, (F) that is a military Receivable, has an original term of eleven (11) to forty-eight (48) months or that is a civilian Receivable, has an original term of eleven (11) to sixty (60) months, (G) that has been acquired by TFC and, if a monthly pay contract which is not more than thirty (30) days delinquent, the related Obligor does not have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (H) that has been acquired by TFC and, if a non- monthly-pay contract, is not more than thirty (30) days delinquent nor is it defaulted based on the Company's methodology in effect for converting non- monthly pay Receivables to a daily delinquency equivalent as such methodology is described in Schedule 1 of the Insurance Agreement nor does the Obligor have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (I) has a final Scheduled Receivable Payment due no less than eight (8) months before the Final Receivable Payment Date, (J) has an annual percentage rate of not less than 9.9%, (K) has a remaining Principal Balance of not more than $24,411, (L) has not been extended beyond its original term, except in keeping with the TFC's stated policies and procedures for deferments contained in the August 1, 1992 memo attached as part of Exhibit E to the Sale and Servicing Agreement, which allows for up to two, one-month deferments in any twelve month period not to exceed up to four, one- month deferments over the life of a monthly-pay contract, (M) satisfies, the requirements under TFC's Credit Guidelines as in effect on August 31, 1999, in all material respects (except with respect to (a) changes associated with certain memorandums previously delivered to the Insurer relating to allowing total loss protection instead of comprehensive vehicle insurance and (b) a new lending program called, Special E4 Program) including but not limited to, down-payment provisions, (N) was purchased through an approved Dealer of TFC, (O) is due from a U.S. citizen in the case of military Receivables and a U.S. resident in the case of civilian Receivables and is denominated in U.S. dollars, (P) is secured by a Financed Vehicle and a valid first priority perfected security interest is in effect with respect to such Financed Vehicle, (Q) is owned solely by TFC free and clear of any lien, claim, or other encumbrance, excluding liens that will be released no later than the Closing Date, (R) with respect to the related security interest in the related Financed Vehicle is perfected and with clear legal right of repossession, (S) that is a Point-of-Sale Receivable, was secured by a vehicle with total loss protection coverage or covered by an Insurance Policy, and naming TFC as loss payee on the date the loan advance was made, (T) meets, in all material respects, all applicable requirements of federal, state, and local laws and regulations, (U) is not subject to any right of setoff by the Obligor and (V) will be clearly marked in the books and records of TFC as being sold to Seller, and from Seller to Issuer and liened to the Trust Collateral Agent.

Appears in 1 contract

Samples: Purchase Agreement (TFC Enterprises Inc)

Characteristics of Receivables. Each Receivable Receivable: (A) was originated (1) (i) was originated in the United States of America by AmeriCredita Dealer in connection with the retail sale or lease of Financed Equipment in the ordinary course of such Dealer's business, and (ii) either (x) was purchased by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by the Originator from a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment the Originator in accordance with its terms, or (ivy) by a Third-Party Lender and was purchased by AmeriCredit the Originator from such Third-Party Lender under an existing Auto Loan Purchase NH Credit and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment the Originator in accordance with its terms, or (B2) was originated in the United States of America by AmeriCredit, such Originating Affiliate, such Dealer Case Credit in connection with the financing or such Third-Party Lender for the retail sale lease of a Financed Vehicle Equipment in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s businessCase Credit's business and, in each case was originated in accordance with AmeriCredit’s credit policies and either case, was fully and properly executed by the parties thereto, (B) has created a valid, subsisting and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables enforceable first priority security interest in the state where AmeriCreditFinanced Equipment in favor of the Originator or, each in the case of a NH Receivable, NH Credit, which (i) with respect to a NH Receivable, has been assigned to the Originator, and (ii) with respect to the Receivables (including any NH Receivable), as of the Closing Date, has been assigned by the Originator to the Purchaser, by the Purchaser to the Issuer and by the Issuer to the Indenture Trustee, except that (x) no security interest against the Obligor is created in True Lease Equipment, and (y) the Originator makes no representation or warranty as to any such Originating Affiliate, each such security interest granted by any Dealer or each such Third-Party Lender was locatedto secure the Dealer's obligations to make payments in respect of Termination Values, (C) contains customary and enforceable provisions such as to render that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security, and (D) is a Receivable which (i) in the case of Retail Installment Contracts, provides for level monthly fixed payments (provided on a periodic basis that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over by maturity and yield interest at the original term Annual Percentage Rate, and (Eii) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File case of any Contracts sold, or to be sold, hereunder that are Leases, provides for fixed payments on a periodic basis that fully amortize the Servicer’s electronic records relating theretoAmount Financed by maturity and yield interest at the Annual Percentage Rate, except that any Contracts sold, or to be sold, hereunder that are Leases also provide for payments of the related Termination Values.

Appears in 1 contract

Samples: Purchase Agreement (CNH Receivables Inc)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iviii) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s's, the Dealer’s 's or the Third-Party Lender’s 's business, in each case was originated in accordance with AmeriCredit’s 's credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a fully amortizing Simple Interest Receivable or Pre-Computed Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Characteristics of Receivables. Each Receivable Receivable: (A) was originated (1) (i) was originated in the United States of America by AmeriCredita Dealer in connection with the retail sale or lease of Financed Equipment in the ordinary course of such Dealer’s business, and (ii) was purchased by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, CNHCA (iiiin the case of each CNHCA Receivable) by or NH Credit (in the case of each NH Owned Contract) from a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment CNHCA (in the case of each CNHCA Receivable) or NH Credit (in the case of each NH Owned Contract) in accordance with its terms, or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B2) was originated in the United States of America by AmeriCredit, such Originating Affiliate, such Dealer CNHCA (in the case of each CNHCA Receivable) or such Third-Party Lender for NH Credit (in the retail sale case of a each NH Owned Contract) in connection with the financing or lease of Financed Vehicle Equipment in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, CNHCA’s business (in the Dealercase of each CNHCA Receivable) or NH Credit’s or business (in the Third-Party Lender’s businesscase of each NH Owned Contract) and, in each case was originated in accordance with AmeriCredit’s credit policies and case, was fully and properly executed by the parties thereto, (B) has created a valid, subsisting and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables enforceable first priority security interest in the state where AmeriCreditFinanced Equipment in favor of CNHCA (in the case of each CNHCA Receivable) or NH Credit (in the case of each NH Owned Contract) except to the extent that such security interest has been assigned by CNHCA (in the case of each CNHCA Receivable) or NH Credit (in the case of each NH Owned Contract) to CNHCR, each by CNHCR to the Issuer and by the Issuer to the Indenture Trustee, except that (x) no security interest against the Obligor is created in True Lease Equipment, and (y) CNHCA makes no representation or warranty as to any such Originating Affiliate, each such security interest granted by any Dealer or each such Third-Party Lender was locatedto secure the Dealer’s obligations to make payments in respect of Termination Values, (C) contains customary and enforceable provisions such as to render that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security, and (D) is a Receivable which (i) in the case of Retail Installment Contracts, provides for level monthly fixed payments (provided on a periodic basis that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over by maturity and yield interest at the original term Annual Percentage Rate, and (Eii) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File case of any Contracts sold, or to be sold, hereunder that are Leases, provides for fixed payments on a periodic basis that fully amortize the Servicer’s electronic records relating theretoAmount Financed by maturity and yield interest at the Annual Percentage Rate, except that any Contracts sold, or to be sold, hereunder that are Leases also provide for payments of the related Termination Values.

Appears in 1 contract

Samples: Cnhca Purchase Agreement (CNH Equipment Trust 2005-B)

Characteristics of Receivables. Each Receivable (A1) was has been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’ssuch Dealer's business and without any fraud or misrepresentation on the part of the Dealer, such Originating Affiliate’sDealer had all necessary licenses and permits to originate such Receivables in the state where such Dealer was located, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties thereto, has been purchased by the Seller directly from the Dealer in connection with the sale of Financed Vehicles by the Dealers and AmeriCredithas been validly assigned without any intervening assignments by such Dealer to the Seller in accordance with its terms, each Originating Affiliate(2) has created a valid, each Dealer subsisting, and each Third-Party Lender had all necessary licenses and permits to originate Receivables enforceable first priority perfected security interest in favor of the Seller in the state where AmeriCreditFinanced Vehicle, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was locatedwhich security interest has been validly assigned by the Seller to the Purchaser and by the Purchaser to the Trustee, (C3) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral securityof the benefits of the security including without limitation a right of repossession following a default, (D4) is a Receivable which provides for level weekly, bi-weekly, semi-monthly or monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term (except for the last payment, which may be different from the level payment but in no event shall exceed three times such level payment) and yield interest at the Annual Percentage Rate, (5) was originated by a Dealer to an Obligor and was sold by the Dealer to the Seller without any fraud or misrepresentation on the part of such Dealer, the Obligor or the Seller, (6) is denominated in U.S. dollars; (7) provides, in the case of prepayment, for the full payment of the Principal Balance thereof plus accrued interest through the date of prepayment based on the APR of the Receivable; and (E) has not been amended or collections with respect 8) contains no obligation to which waived, other than as evidenced lend more money to the related Obligor in the Receivable File or the Servicer’s electronic records relating theretofuture.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCreditTriad, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and purchased by AmeriCredit Triad from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit Triad and was validly assigned by such Dealer to AmeriCredit Triad pursuant to a Dealer Assignment Assignment, or (iviii) by a Third-Party Lender and purchased by AmeriCredit Triad from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit Triad and was validly assigned by such Third-Party Lender to AmeriCredit Triad pursuant to a Third-Party Lender Assignment Assignment, (B) was originated by AmeriCredit, such Originating AffiliateTriad, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’sTriad's, the Dealer’s 's or the Third-Party Lender’s 's business, in each case was originated case, in accordance with AmeriCredit’s Triad's credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating AffiliateTriad, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating AffiliateTriad, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render that the rights and remedies of the holder thereof are adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) whichthat, if made when due, shall will fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 1 contract

Samples: Purchase Agreement (Triad Automobile Receivables Trust 2003-B)

Characteristics of Receivables. Each Receivable (A) was originated by a ------------------------------ Dealer for the retail sale of a Financed Vehicle in the ordinary course of such Dealer's business in accordance with either (i) by AmeriCredit, TFC's credit policies or (ii) credit policies which were reviewed by an Originating Affiliate TFC prior to a purchase of a Receivable by TFC and such Dealer had all necessary licenses and permits to originate Receivables in the state where such Dealer was validly assigned located, was fully and properly executed by such Originating Affiliate to AmeriCredit, (iii) by a Dealer and the parties thereto was purchased by AmeriCredit TFC from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and Assignment, was validly assigned by such Dealer to AmeriCredit TFC pursuant to a the Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant the Dealer Assignment, was validly assigned by TFC to a Third-Party Lender Assignment with AmeriCredit the Seller, and was validly assigned by such Third-Party Lender the Seller to AmeriCredit pursuant the Trust and pledged by the Trust to a Third-Party Lender Assignment the Trust Collateral Agent, (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCredit, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (DC) is a Receivable which provides for level monthly payments Scheduled Receivable Payments (provided that the period payment in the first Collection Monthly Period and the payment in the final Collection Monthly Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term term, (D) provides for, in the event that the related Contract is prepaid, a prepayment that fully pays the principal balance of such related Contract and includes accrued but unpaid interest through the date of prepayment at a rate at least equal to the annual percentage rate, (E) has not been amended or rewritten, or collections with respect to which deferred or waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto, (F) that is a military Receivable, has an original term of eleven (11) to forty-eight (48) months or that is a civilian Receivable, has an original term of eleven (11) to sixty (60) months, (G) has been acquired by TFC and, if a monthly pay contract, is not more than thirty (30) days delinquent and the related Obligor does not have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (H) has been acquired by TFC and, if a non-monthly-pay contract, is not more than thirty (30) days delinquent nor is it defaulted based on TFC's methodology in effect for converting non-monthly pay Receivables to a daily delinquency equivalent as such methodology is described in Schedule 1 of the Insurance Agreement nor does the Obligor have other Receivables owing to TFC that are more than thirty (30) days delinquent or defaulted, (I) has a final Scheduled Receivable Payment due no less than eight (8) months before the Final Scheduled Payment Date, (J) has an annual percentage rate of not less than 9.99%, (K) has a remaining Principal Balance of not more than $20,064, (L) has not been extended beyond its original term, except in keeping with TFC's stated policies and procedures for deferments contained in the August 1, 1992 memo attached as part of Exhibit E hereto, which allows for up to two, one-month deferments in any twelve month period not to exceed up to four, one-month deferments over the life of a monthly-pay contract, (M) satisfies, the requirements under TFC's Credit Guidelines as in effect on August 31, 1999 in all material respects (except with respect to (a) changes associated with certain memorandums previously delivered to the Insurer related to allowing total loss protection instead of comprehensive vehicle insurance and (b) a new lending program called, Special E4 Program), including but not limited to, down-payment provisions, (N) was purchased through an approved Dealer of TFC, (O) is due from a U.S. citizen in the case of military Receivables and a U.S. resident in the case of civilian Receivables and is denominated in U.S. dollars, (P) meets, in all material respects, all applicable requirements of federal, state, and local laws and regulations, and (Q) is not subject to any right of setoff by the Obligor.

Appears in 1 contract

Samples: Sale and Servicing (TFC Enterprises Inc)

Characteristics of Receivables. Each Receivable (A1) was has been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’ssuch Dealer's business and without any fraud or misrepresentation on the part of the Dealer, such Originating Affiliate’sDealer had all necessary licenses and permits to originate such Receivables in the state where such Dealer was located, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties thereto, has been purchased by the Seller directly from the Dealer in connection with the sale of Financed Vehicles by the Dealers and AmeriCredithas been validly assigned without any intervening assignments by such Dealer to the Seller in accordance with its terms, each Originating Affiliate(2) has created a valid, each Dealer subsisting, and each Third-Party Lender had all necessary licenses and permits to originate Receivables enforceable first priority perfected security interest in favor of the Seller in the state where AmeriCreditFinanced Vehicle, each such Originating Affiliate, each such Dealer or each such Third-Party Lender was locatedwhich security interest has been validly assigned by the Seller to the Purchaser and by the Purchaser to the Trustee, (C3) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral securityof the benefits of the security including without limitation a right of repossession following a default, (D4) is a Receivable which provides for level weekly, bi-weekly, semi-monthly or monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term (except for the last payment, which may be different from the level payment but in no event shall exceed three times such level payment) and yield interest at the Annual Percentage Rate, (5) if such Receivable is a Rule of 78's Receivable, provides for, in the event that such contract is prepaid, a prepayment that fully pays the Principal Balance and includes a full month's interest, in the month of prepayment, at the Annual Percentage Rate, (6) is a Rule of 78's Receivable or a Simple Interest Receivable, (7) was originated by a Dealer to an Obligor and was sold by the Dealer to the Seller without any fraud or misrepresentation on the part of such Dealer, the Obligor or the Seller, (8) is denominated in U.S. dollars and (E9) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating theretocontains no future funding obligation.

Appears in 1 contract

Samples: Sale and Servicing (Consumer Portfolio Services Inc)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCreditthe Seller[s], (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCreditthe Seller[s], (iii) by a Dealer and purchased by AmeriCredit the Seller[s] from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit the Seller[s] and was validly assigned by such Dealer to AmeriCredit the Seller[s] pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit the Seller[s] from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit the Seller[s] and was validly assigned by such Third-Party Lender to AmeriCredit the Seller[s] pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCreditthe Seller[s], such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCreditthe Seller[s]’s, such Originating Affiliate’s, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCreditthe Seller[s]’s credit policies and was fully and properly executed by the parties thereto, and AmeriCreditthe Seller[s], each Originating Affiliate, each Dealer and each Third-Party Lender had all necessary licenses and permits to originate Receivables in the state where AmeriCreditthe Seller[s], each such Originating Affiliate, each such Dealer or each such Third-Party Lender was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, (D) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term and (E) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 1 contract

Samples: Purchase Agreement (AFS SenSub Corp.)

Characteristics of Receivables. (A) Each Receivable (A1) was has been originated (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit, (iii) in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’ssuch Dealer's business, such Originating Affiliate’sDealer had all necessary licenses and permits to originate such Receivables in the state where such Dealer was located, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties thereto, has been purchased by the Seller in connection with the sale of Financed Vehicles by the Dealers and AmeriCredithas been validly assigned by such Dealer to the Seller in accordance with its terms, each Originating Affiliate(2) has created a valid, each Dealer continuing, subsisting, and each Third-Party Lender had all necessary licenses and permits to originate Receivables enforceable first priority perfected security interest in favor of the Seller in the state where AmeriCreditFinanced Vehicle, each such Originating Affiliatewhich security interest has been validly assigned by the Seller to the Purchaser, each such Dealer or each such Third-Party Lender was locatedand by the Purchaser to the Trustee and the Seller has taken all steps necessary to perfect its security interest against the applicable Obligor, (C3) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral of the benefits of the security, (D4) is a Receivable which provides for level monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term (except for the last payment, which may be different from the level payment) and yield interest at the Annual Percentage Rate, (5) if such Receivable is a Rule of 78's Receivable, provides for, in the event that such contract is prepaid, a prepayment that fully pays the Principal Balance and includes a full month's interest, in the month of prepayment, at the Annual Percentage Rate, (6) is a Rule of 78's Receivable or a Simple Interest Receivable, and (E7) has was originated by a Dealer to an Obligor and was sold by the Dealer to the Seller without any fraud or misrepresentation on the part of such Dealer or the Obligor and (B) each Receivable was not been amended originated under the Seller's First Time Buyer Program or collections with respect to which waived, by MSN Financial Corporation or any Affiliate thereof (other than as evidenced in the Receivable File or the Servicer’s electronic records relating theretoSeller).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Characteristics of Receivables. Each Receivable (A1) was originated is evidenced either by (i) by AmeriCredit, a retail installment sale contract or (ii) an installment promissory note and security agreement; (2) if such Receivable is evidenced by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredita retail installment sale contract, (iii) has been originated in the United States of America by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment or (iv) by a Third-Party Lender and purchased by AmeriCredit from such Third-Party Lender under an existing Auto Loan Purchase and Sale Agreement or pursuant to a Third-Party Lender Assignment with AmeriCredit and was validly assigned by such Third-Party Lender to AmeriCredit pursuant to a Third-Party Lender Assignment (B) was originated by AmeriCredit, such Originating Affiliate, such Dealer or such Third-Party Lender for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’ssuch Dealer's business and without any fraud or misrepresentation on the part of the Dealer, such Originating Affiliate’sDealer had all necessary licenses and permits to originate such Receivables in the state where such Dealer was located, the Dealer’s or the Third-Party Lender’s business, in each case was originated in accordance with AmeriCredit’s credit policies and was has been fully and properly executed by the parties thereto, and AmeriCredit, each Originating Affiliate, each has been purchased by the Seller directly from the Dealer in connection with the sale of Financed Vehicles by the Dealer and each Third-Party has been validly assigned without any intervening assignments by such Dealer to the Seller in accordance with its terms; (3) if such Receivable is evidenced by an installment promissory note and security agreement, has been originated in the United States of America by a Consumer Lender in the ordinary course of such Consumer Lender's business and without any fraud or misrepresentation on the part of such Consumer Lender or the Dealer, and such Consumer Lender had all necessary licenses and permits to originate Receivables such Receivable in the state State where AmeriCredit, each such Originating Affiliate, each Receivable was originated and where such Dealer or each such Third-Party Consumer Lender was located, and such Receivable has been fully and properly executed by the parties thereto, has been purchased by the Seller directly from the Consumer Lender (Cif the Consumer Lender is not the Seller) in connection with the sale of Financed Vehicles by the Dealer and has been validly assigned by such Consumer Lender without any intervening assignments by such Consumer Lender to the Seller (if the Consumer Lender is not the Seller); (4) has created a valid, subsisting, and enforceable first priority perfected security interest in favor of the Seller or the Consumer Lender, as applicable, in the Financed Vehicle, which security interest has been validly assigned by the Seller to the Purchaser or by the Consumer Lender to the Seller (if the Consumer Lender is not the Seller) and by the Seller to the Purchaser, as applicable, and by the Purchaser to the Trustee; (5) contains customary and enforceable provisions such as to render that the rights and remedies of the holder or assignee thereof shall be adequate for realization against the collateral security, of the benefits of the security including without limitation a right of repossession following a default; (D6) is a Receivable which provides for level weekly, bi-weekly, semi-monthly or monthly payments (provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, if made when due, shall fully amortize the Amount Financed over the original term (except for the last payment, which may be different from the level payment but in no event shall exceed three times such level payment) and yields interest at the Annual Percentage Rate; (7) if such Receivable is evidenced by a retail installment sale contract, was originated by a Dealer to an Obligor and was sold by the Dealer to the Seller, or if such Receivable is evidenced by an installment promissory note and security agreement, was originated by a Consumer Lender to an Obligor and, if not originated by the Seller, has been sold by such Consumer Lender to the Seller, in each case without any fraud or misrepresentation on the part of the Seller, such Consumer Lender, such Dealer or the related Obligor; (8) is denominated in U.S. dollars; (9) provides, in the case of prepayment, for the full payment of the Principal Balance thereof plus accrued interest through the date of prepayment based on the APR of the Receivable; and (E10) has not been amended or collections with respect contains no obligation to which waived, other than as evidenced lend more money to the related Obligor in the Receivable File or the Servicer’s electronic records relating theretofuture.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

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