Common use of Characterization of the Transactions Contemplated by the Agreement; Tax Treatment Clause in Contracts

Characterization of the Transactions Contemplated by the Agreement; Tax Treatment. (a) The parties hereto agree that this Agreement shall constitute a security agreement under applicable law. The Debtor hereby assigns to the Collateral Agent, for the benefit of the Secured Parties, all of its rights and remedies under (i) the Master Receivables Purchase Agreement with respect to the Receivables and with respect to any obligations thereunder of each of AmeriCredit and AMC with respect to the Receivables and (ii) under or in connection with any Hedging Arrangement. The Collateral Agent agrees that upon any release of a Receivable or Contract to the Debtor, the Collateral Agent shall be deemed to have released its security interest therein and reassigned to the Debtor all of the Collateral Agent’s rights under the Master Receivables Purchase Agreement with respect to such Receivable or Contract. The Debtor agrees that neither it nor the Servicer shall give any consent or waiver required or permitted to be given under the Master Receivables Purchase Agreement with respect to the Receivables or the Contracts without the prior consent of the Collateral Agent and the Note Insurer. (b) Each of the parties hereto agrees to treat the transactions contemplated by this Agreement as a financing for federal income tax purposes and further agree to file on a timely basis all federal and other income tax returns consistent with such treatment.

Appears in 2 contracts

Samples: Security Agreement (Americredit Corp), Security Agreement (Americredit Corp)

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Characterization of the Transactions Contemplated by the Agreement; Tax Treatment. (a) The parties hereto agree that this Agreement shall constitute a security agreement under applicable law. The Debtor Issuer hereby assigns to the Collateral Agent, for the benefit of the Secured Parties, all of its rights and remedies under (i) the Master Receivables Purchase Agreement with respect to the Receivables and with respect to any obligations thereunder of each of AmeriCredit and AMC AWC with respect to the Receivables and (ii) under or in connection with any Hedging Arrangement. The Collateral Agent agrees that upon any release of a Receivable or Contract to the DebtorIssuer, the Collateral Agent shall be deemed to have released its security interest therein and reassigned to the Debtor Issuer all of the Collateral Agent’s rights under the Master Receivables Purchase Agreement with respect to such Receivable or Contract. The Debtor Issuer agrees that neither it nor the Servicer shall give any consent or waiver required or permitted to be given under the Master Receivables Purchase Agreement with respect to the Receivables or the Contracts without the prior consent of the Collateral Agent and the Note InsurerAgent. (b) Each of the parties hereto agrees to treat the transactions contemplated by this Agreement as a financing for federal income tax purposes and further agree to file on a timely basis all federal and other income tax returns consistent with such treatment.

Appears in 1 contract

Samples: Security Agreement (Americredit Corp)

Characterization of the Transactions Contemplated by the Agreement; Tax Treatment. (a) The parties hereto agree that this Agreement shall constitute a security agreement under applicable law. The Debtor hereby assigns to the Collateral Agent, for the benefit of the Secured Parties, all of its rights and remedies under to pay ment (i) under the Master Receivables Sale and Purchase Agreement and the PFC Sale and Purchase Agreement with respect to the Receivables and with respect to any obligations thereunder there under of each of AmeriCredit and AMC UAC or PFC, as applicable, with respect to the Receivables and (ii) under or in connection with any Hedging Arrangement. The Collateral Agent agrees that upon any release of a Receivable or Contract to the Debtor, the Collateral Agent shall be deemed to have released its security interest therein and reassigned to the Debtor all of the Collateral Agent’s 's rights under the Master Receivables Sale and Purchase Agreement or the PFC Sale and Purchase Agreement, as applicable, with respect to such Receivable or ContractCon tract. The Debtor agrees that neither it nor the Servicer Collection Agent shall give any consent con sent or waiver required or permitted to be given under the Master Receivables Sale and Purchase Agreement Agree ment with respect to the Receivables or the Contracts without the prior consent of either the Collateral Agent, the Administrative Agent and or the Note Insurer. (ba) Each of the parties hereto agrees to treat the transactions transac tions contemplated by this Agreement as a financing for federal income tax purposes and further agree to file on a timely basis all federal and other income tax returns consistent with such treatment.

Appears in 1 contract

Samples: Security Agreement (Union Acceptance Corp)

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Characterization of the Transactions Contemplated by the Agreement; Tax Treatment. (a) The parties hereto agree that this Agreement shall constitute a security agreement under applicable law. The Debtor hereby assigns to the Collateral Agent, for the benefit of the Secured Parties, all of its rights and remedies under (i) the Master Receivables Purchase Agreement with respect to the Receivables and with respect to any obligations thereunder of each of AmeriCredit and AMC AMTN with respect to the Receivables and (ii) under or in connection with any Hedging Arrangement. The Collateral Agent agrees that upon any release of a Receivable or Contract to the Debtor, the Collateral Agent shall be deemed to have released its security interest therein and reassigned to the Debtor all of the Collateral Agent’s 's rights under the Master Receivables Purchase Agreement with respect to such Receivable or Contract. The Debtor agrees that neither it nor the Servicer shall give any consent or waiver required or permitted to be given under the Master Receivables Purchase Agreement with respect to the Receivables or the Contracts without the prior consent of the Collateral Agent and the Note Insurer. (b) Each of the parties hereto agrees to treat the transactions contemplated by this Agreement as a financing for federal income tax purposes and further agree to file on a timely basis all federal and other income tax returns consistent with such treatment.

Appears in 1 contract

Samples: Security Agreement (Americredit Corp)

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