Conditions Precedent to Issuance of Policies. (a) The obligation of Financial Security to issue the Policies is subject to the following having occurred or being true (as the case may be): (i) WFS shall have assigned, conveyed and transferred, or caused to be assigned, conveyed and transferred, the Collateral to the Company, (ii) the Company shall have created a valid security interest in the Collateral in favor of the Collateral Agent, (iii) the Company shall have assigned, conveyed and transferred the Collateral to the Trust, (iv) no stop order suspending the effectiveness of the Registration Statement shall have been issued and no proceeding for that purpose shall have been instituted or, to the best knowledge of the Company, threatened by the Commission and any request for additional information on the part of the Commission (to be included in the Registration Statement, the Prospectus or otherwise) shall have been complied with to the reasonable satisfaction of the Commission, (v) the Premium shall have been paid in accordance with Section 3.03 hereof, (vi) the representations and warranties of the Trust and each Western Entity set forth or incorporated by reference in this Agreement shall be true and correct on and as of the Closing Date, and (vii) each Transaction Agreement shall be in full force and effect as of the Closing Date and no default (or event which, with the giving of notice or passage of time, or both, would become a default) thereunder shall have occurred and be continuing.
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Samples: Insurance, Indemnity and Pledge Agreement (WFS Financial 1997-B Owner Trust), Insurance, Indemnity and Pledge Agreement (WFS Financial 1997-C Owner Trust), Indemnity and Pledge Agreement (WFS Financial 1997-a Owners Trust)
Conditions Precedent to Issuance of Policies. (a) The obligation of Financial Security to issue the Policies is subject to the following having occurred or being true (as the case may be): (i) WFS shall have assigned, conveyed and transferred, or caused to be assigned, conveyed and transferred, the Collateral to the Company, (ii) the Company shall have created a valid security interest in the Collateral in favor of the Collateral Agent, (iii) the Company shall have assigned, conveyed and transferred the Collateral to the Trust, (iv) no stop order suspending the effectiveness of the Registration Statement shall have been issued and no proceeding for that purpose shall have been instituted or, to the best knowledge of the Company, threatened by the Commission and any request for additional information on the part of the Commission (to be included in the Registration Statement, the Prospectus or otherwise) shall have been complied with to the reasonable satisfaction of the Commission, (v) the Premium shall have been paid in accordance with Section 3.03 hereof, (vi) the representations and warranties of the Trust and each Western Entity set forth or incorporated by reference in this Agreement shall be true and correct on and as of the Closing Date, and (vii) each Transaction Agreement shall be in full force and effect as of the Closing Date and no default (or event which, with the giving of notice or passage of time, or both, would become a default) thereunder shall have occurred and be continuing.and
Appears in 1 contract
Samples: Insurance, Indemnity and Pledge Agreement (WFS Financial 1996-D Owner Trust)
Conditions Precedent to Issuance of Policies. (a) The obligation of Financial Security to issue the Policies is subject to the following having occurred or being true (as the case may be): (i) WFS shall have assigned, conveyed and transferred, or caused to be assigned, conveyed and transferred, the Collateral to the Company, (ii) the Company shall have created a valid security interest in the Collateral in favor of the Collateral Agent, (iii) the Company shall have assigned, conveyed and transferred the Collateral to the Trust, (iv) no stop order suspending the effectiveness of the Registration Statement shall have been issued and no proceeding for that purpose shall have been instituted or, to the best knowledge of the Company, threatened by the Commission and any request for additional information on the part of the Commission (to be included in the Registration Statement, the Prospectus or otherwise) shall have been complied with to the reasonable satisfaction of the Commission, (v) the Premium shall have been paid in accordance with Section 3.03 hereof, (vi) the representations and warranties of the Trust and each Western Entity set forth or incorporated by reference in this Agreement shall be true and correct on and as of the Closing Date, and (vii) each Transaction Agreement shall be in full force and effect as of the Closing Date and no default (or event which, with the giving of notice or passage of time, or both, would become a default) thereunder shall have occurred and be continuing.with
Appears in 1 contract
Samples: Indemnity and Pledge Agreement (WFS Financial 1997-D Owner Trust)