Collecting Title Documents Not Delivered at the Closing Date. In the case of any Contract in respect of which written evidence from the Dealer selling or transferring the related Financed Vehicle that the Title Document for such Financed Vehicle showing the Master Servicer as first lienholder has been applied for from the Registrar of Titles was delivered to the Owner Trustee on the Closing Date in lieu of a Title Document, the Master Servicer shall use its best efforts to collect such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing the Master Servicer as first lienholder is not received by the Master Servicer or the related Subservicer within 180 days after the Closing Date, then the representation and warranty in Section 3.01(b)(iii) in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Certificateholders.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Funded Contract or Prefunded Contract in respect of which, in place of a Title Document, the Custodian received on the Closing Date or the Prefunding Closing Date, as applicable, written evidence from the Dealer selling the related Financed Vehicle that, or otherwise in respect of which, the Title Document for such Financed Vehicle showing Onyx as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect (or to obtain evidence in the electronic title records of) such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing Onyx as first lienholder is not received by the Servicer (or verified by the Servicer in the electronic title records) within 180 days after the Closing Date with respect to the Funded Contracts or within 180 days after the Prefunding Closing Date with respect to the Prefunded Contracts, then the representation and warranty in Section 2.02(b)(iii) as to any such Funded Contracts or the representation and warranty in Section 2.02(d)(iii) as to any such Prefunded Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Noteholders, and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.03.
Collecting Title Documents Not Delivered at the Closing Date. (a) If the Title Document for a Financed Vehicle does not reflect the Company as lienholder at the time of the Company's purchase direct from a Dealer of the related Contract, the Servicer shall confirm, prior to the Company's purchase, that an appropriate application has been made to transfer the lien on the Title Document to the Company. If the Title Document for a Financed Vehicle reflects the Servicer as lienholder at the time of the Company's purchase of the related Contract, the Servicer shall, in connection with the Company's purchase, make an appropriate application to transfer the lien on the Title Document to the Company.
(b) In the case of any Contract in respect of which the Title Document for the related Financed Vehicle showing the Servicer as first lienholder has been applied for in connection with the purchase of the Contract, the Servicer shall use reasonable efforts to obtain such Title Document and promptly upon receipt thereof to make application for the transfer of the lien noted thereon to the Company. In the case of any Contract in respect of which the Title Document for the related Financed Vehicle showing the Company as first lienholder has been applied for in connection with the purchase of the Contract or thereafter, the Servicer shall use reasonable efforts to obtain such Title Document and to deliver it to the Company (or other Person appointed as custodian for the Contract Documents) as promptly as possible. If such Title Document showing the Company as first lienholder is not received by the Company (or custodian) within 120 days after the Purchase Date, then the representation and warranty in Section 12.16 in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Holders.
(c) The Servicer shall deliver to the Trustee on a monthly basis a listing of Contracts which as of the date prior to such delivery do not show the Servicer or the Company as first lienholder on the Title Documents for such Contracts.
(d) Any fees charged for the transfer of liens on the Title Documents for the Financed Vehicles into or out of the Company's name shall be paid by the Company as an Allowed Expense.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Contract in respect of which, in place of a Title Document, the Custodian received on the Closing Date written evidence from the Dealer selling the related Financed Vehicle that, or otherwise in respect of which, the Title Document for such Financed Vehicle showing Onyx or a subsidiary of Onyx as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect (or in the case of California, to obtain evidence in the electronic title records of) such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing Onyx or a subsidiary of Onyx as first lienholder is not received by the Servicer (or in the case of the State of California, verified by the Servicer in the electronic title records) within 180 days after the Closing Date with respect to the Contracts, then the representation and warranty in Section 2.02(b)(iii) as to such Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Certificateholders, and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.03.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Funded Contract or Prefunded Contract in respect of which, in place of a Title Document, the Custodian received on the Closing Date or the Prefunding Closing Date, as applicable, written evidence from the Dealer selling the related Financed Vehicle that, or otherwise in respect of which, the Title Document for such Financed Vehicle showing Onyx as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect (or in the case of California, to obtain evidence in the electronic title records of) such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing Onyx as first lienholder is not received by the Servicer (or in the case of the State of California, verified by the Servicer in the electronic title records) within 180 days after the Closing Date with respect to the Funded Contracts or within 180 days after the Prefunding Closing Date with respect to the Prefunded Contracts, then the representation and warranty in Section 2.02(b)(iii) as to any such Funded Contracts or the representation and warranty in Section 2.02(d)(iii) as to any such Prefunded Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Noteholders, and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.03.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Contract in respect of which written evidence from the Dealer selling or transferring the related Financed Vehicle that the Title Document for such Financed Vehicle showing the Master Servicer as first lienholder has been applied for from the Registrar of Titles was delivered to the Owner Trustee on the Closing Date and in lieu of a Title Document, the Master Servicer shall use its best efforts to collect such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing the Master Servicer as first lienholder is not received by the Master Servicer or the related Subservicer within 180 days after the Closing Date, then the representation and warranty in Section 3.01(b)(iii) in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Certificateholders and the Seller shall purchase such Contract, on or before the Master Servicer Report Date next succeeding the end of the 180-day period, from the Issuer for an amount equal to the related Repurchase Amount in the manner set forth in Section 5.04. ARTICLE FOUR
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Contract in respect of which, in place of a Title Document, the Trustee received on the Closing Date written evidence from the Dealer selling the related Financed Vehicle, or Onyx that the Title Document for such Financed Vehicle showing Onyx as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect (or, in the case of the State of California, to obtain evidence in the electronic title records of) such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing the Servicer as first lienholder is not received (or, in the case of the State of California, verified in the electronic title records) by the Servicer within 180 days after the Closing Date with respect to the Contracts, then the representation and warranty in Section 2.2(b)(iii) as to such Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Certificateholders and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.3.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Contract in respect of which, in place of a Title Document, the Custodian received on or before the Closing Date written evidence from the Dealer selling the related Financed Vehicle, or from AutoNation Financial Services, that the Title Document for such Financed Vehicle showing AutoNation Financial Services as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing AutoNation Financial Services as first lienholder is not received by the Servicer within 180 days after the Closing Date with respect to the Contracts, then the representation and warranty in Section 2.02(b)(iii) as to such Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Noteholders, and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.03.
Collecting Title Documents Not Delivered at the Closing Date. The Seller shall use its best efforts to collect such Title Document from the registrar of titles as promptly as possible and shall deliver such Title Documents promptly to the Custodian. The Seller shall deliver to the Purchaser on each Servicer Report Date, a schedule of Title Documents for the related Financed Vehicles which, as of the last day of the related Collection Period, or as of the related Closing Date in the case of the first Servicer Report Date, do not show the Seller as first lienholder. If any such Title Document showing the Seller as first lienholder is not received by the Purchaser or its agent within 180 days after the related Closing Date, then the representation and warranty in Section 3.01(b)(iii) in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Purchaser and on such 180th day, the Seller shall remit to the Collection Account the Repurchase Amount in respect of the related Contract.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Contract in respect of which, in place of a Title Document, the Custodian received on or before the Closing Date written evidence from the Dealer selling the related Financed Vehicle, or from AutoNation Financial Services, that the Title Document for such Financed Vehicle showing AutoNation Financial Services or a subsidiary of AutoNation Financial Services as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing AutoNation Financial Services or a subsidiary of AutoNation Financial Services as first lienholder is not received by the Servicer within 180 days after the Closing Date with respect to the Contracts, then the representation and warranty in Section 2.02(b)(iii) as to such Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Noteholders, and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.03.
