Conditions to Funding’s Obligations Regarding Loans. Consummation of the transactions contemplated hereby on the Closing Date shall be subject to the satisfaction of the following conditions: (a) All representations and warranties of CAC and the Servicer contained in this Agreement shall be true and correct on the Closing Date with the same effect as though such representations and warranties had been made on such date; (b) With respect to those Loans contributed on the Closing Date, all information concerning such Loans provided to Funding shall be true and correct in all material respects as of the Closing Date; (c) CAC and the Servicer shall have substantially performed all other obligations required to be performed by the provisions of this Agreement; (d) CAC shall have filed or caused to be filed, or shall have delivered for filing, the financing statement(s) required to be filed pursuant to Section 2.1(e); and (e) All corporate and legal proceedings and all instruments in connection with the transactions contemplated by this Agreement shall be satisfactory in form and substance to Funding, and Funding shall have received from CAC copies of all documents (including, without limitation, records of corporate proceedings) relevant to the transactions herein contemplated as Funding may reasonably have requested.
Appears in 12 contracts
Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)
Conditions to Funding’s Obligations Regarding Loans. Consummation of the transactions contemplated hereby on the Closing Date shall be subject to the satisfaction of the following conditions:
(a) All representations and warranties of CAC and the Servicer contained in this Agreement shall be true and correct on the Closing Date with the same effect as though such representations and warranties had been made on such date;
(b) With respect to those Loans sold and/or contributed on the Closing Date, all information concerning such Loans provided to Funding shall be true and correct in all material respects as of the Closing Date;
(c) CAC and the Servicer shall have substantially performed all other obligations required to be performed by the provisions of this Agreement;
(d) CAC shall have filed or caused to be filed, or shall have delivered for filing, the financing statement(s) required to be filed pursuant to Section 2.1(e); and
(e) All corporate and legal proceedings and all instruments in connection with the transactions contemplated by this Agreement shall be satisfactory in form and substance to Funding, and Funding shall have received from CAC copies of all documents (including, without limitation, records of corporate proceedings) relevant to the transactions herein contemplated as Funding may reasonably have requested.
Appears in 8 contracts
Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)
Conditions to Funding’s Obligations Regarding Loans. Consummation of the transactions contemplated hereby on the Closing Date, the Initial Funding Date and, where applicable, on the date of each Incremental Funding, shall be subject to the satisfaction of the following conditions:
(a) All representations and warranties of CAC and the Servicer contained in this Agreement shall be true and correct on the Closing Date, the Initial Funding Date and the date of each Incremental Funding with the same effect as though such representations and warranties had been made on such datedate and the date of each Incremental Funding;
(b) With respect to those Loans contributed on the Closing DateInitial Funding Date and the date of each Incremental Funding, all information concerning such Loans provided to Funding shall be true and correct in all material respects as of the Closing DateInitial Funding Date and the date of each Incremental Funding;
(c) CAC and the Servicer shall have substantially performed all other obligations required to be performed by the provisions of this Agreement;
(d) CAC shall have filed or caused to be filed, or shall have delivered for filing, the financing statement(s) required to be filed pursuant to Section 2.1(e); and;
(e) All corporate and legal proceedings and all instruments in connection with the transactions contemplated by this Agreement shall be satisfactory in form and substance to Funding, and Funding shall have received from CAC copies of all documents (including, without limitation, records of corporate proceedings) relevant to the transactions herein contemplated as Funding may reasonably have requested; and
(f) On the Initial Funding Date, CAC shall deliver to Funding and the Deal Agent a Monthly Report as of the Initial Funding Date.
Appears in 7 contracts
Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)
Conditions to Funding’s Obligations Regarding Loans. Consummation of the transactions contemplated hereby on the Closing Date, the Initial Funding Date and, where applicable, on each Addition Date, shall be subject to the satisfaction of the following conditions:
(a) All representations and warranties of CAC and the Servicer contained in this Agreement shall be true and correct in all material respects on the Closing Date, the Initial Funding Date and each Addition Date with the same effect as though such representations and warranties had been made on such datedate and each Addition Date;
(b) With respect to those Loans sold and/or contributed on the Closing Initial Funding Date and each Addition Date, all information concerning such Loans provided to Funding shall be true and correct in all material respects as of the Closing Initial Funding Date and each Addition Date;
(c) CAC and the Servicer shall have substantially performed all other obligations required to be performed by the provisions of this Agreement;
(d) CAC shall have filed or caused to be filed, or shall have delivered for filing, the financing statement(s) required to be filed pursuant to Section 2.1(e); and
(e) All corporate and legal proceedings and all instruments in connection with the transactions contemplated by this Agreement shall be satisfactory in form and substance to Funding, and Funding shall have received from CAC copies of all documents (including, without limitation, records of corporate proceedings) relevant to the transactions herein contemplated as Funding may reasonably have requested.
Appears in 4 contracts
Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)
Conditions to Funding’s Obligations Regarding Loans. Consummation of the transactions contemplated hereby on the Closing Date shall be subject to the satisfaction of the following conditions:
(a) All representations and warranties of CAC and the Servicer contained in this Agreement shall be true and correct on the Closing Date with the same effect as though such representations and warranties had been made on such date;
(b) With respect to those Loans contributed sold on the Closing Date, all information concerning such Loans provided to Funding shall be true and correct in all material respects as of the Closing Date;
(c) CAC and the Servicer shall have substantially performed all other obligations required to be performed by the provisions of this Agreement;
(d) CAC shall have filed or caused to be filed, or shall have delivered for filing, the financing statement(s) required to be filed pursuant to Section 2.1(e); and
(e) All corporate and legal proceedings and all instruments in connection with the transactions contemplated by this Agreement shall be satisfactory in form and substance to Funding, and Funding shall have received from CAC copies of all documents (including, without limitation, records of corporate proceedings) relevant to the transactions herein contemplated as Funding may reasonably have requested.
Appears in 4 contracts
Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)
Conditions to Funding’s Obligations Regarding Loans. Consummation of the transactions contemplated hereby on the Closing Date shall be subject to the satisfaction of the following conditions:
(a1) All representations and warranties of CAC and the Servicer contained in this Agreement shall be true and correct on the Closing Date with the same effect as though such representations and warranties had been made on such date;
(b2) With respect to those Loans sold and/or contributed on the Closing Date, all information concerning such Loans provided to Funding shall be true and correct in all material respects as of the Closing Date;
(c3) CAC and the Servicer shall have substantially performed all other obligations required to be performed by the provisions of this Agreement;
(d4) CAC shall have filed or caused to be filed, or shall have delivered for filing, the financing statement(s) required to be filed pursuant to Section 2.1(e); and
(e5) All corporate and legal proceedings and all instruments in connection with the transactions contemplated by this Agreement shall be satisfactory in form and substance to Funding, and Funding shall have received from CAC copies of all documents (including, without limitation, records of corporate proceedings) relevant to the transactions herein contemplated as Funding may reasonably have requested.
Appears in 3 contracts
Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)
Conditions to Funding’s Obligations Regarding Loans. Consummation of the transactions contemplated hereby on the Closing Date shall be subject to the satisfaction of the following conditions:
(a) All representations and warranties of CAC and the Servicer contained in this Agreement shall be true and correct on the Closing Date with the same effect as though such representations and warranties had been made on such date;
(b) With respect to those Loans contributed on the Closing Date, all information concerning such Loans provided to Funding shall be true and correct in all material respects as of the Closing Date;
(c) CAC and the Servicer shall have substantially performed all other obligations required to be performed by the provisions of this Agreement;
(d) CAC shall have filed or caused to be filed, or shall have delivered for filing, filed the financing statement(s) required to be filed pursuant to Section 2.1(e2.1(b); and;
(e) All corporate and legal proceedings and all instruments in connection with the transactions contemplated by this Agreement shall be satisfactory in form and substance to Funding, and Funding shall have received from CAC copies of all documents (including, without limitation, records of corporate proceedings) relevant to the transactions herein contemplated as Funding may reasonably have requested; and
(f) On the Closing Date, CAC shall deliver to Funding and the Deal Agent a Monthly Servicer's Certificate as of the Closing Date.
Appears in 1 contract
Samples: Contribution Agreement (Credit Acceptance Corporation)
Conditions to Funding’s Obligations Regarding Loans. Consummation of the transactions contemplated hereby on the Closing Date, the Initial Funding Date and, where applicable, on the date of each Incremental Funding, shall be subject to the satisfaction of the following conditions:
(a) All representations and warranties of CAC and the Servicer contained in this Agreement shall be true and correct on the Closing Date, the Initial Funding Date and the date of each Incremental Funding with the same effect as though such representations and warranties had been made on such datedate and the date of each Incremental Funding;
(b) With respect to those Loans contributed on the Closing DateInitial Funding Date and the date of each Incremental Funding, all information concerning such Loans provided to Funding shall be true and correct in all material respects as of the Closing DateInitial Funding Date and the date of each Incremental Funding;
(c) CAC and the Servicer shall have substantially performed all other obligations required to be performed by the provisions of this Agreement;
(d) CAC shall have filed or caused to be filed, or shall have delivered for filing, the financing statement(s) required to be filed pursuant to Section 2.1(e); and;
(e) All corporate and legal proceedings and all instruments in connection with the transactions contemplated by this Agreement shall be satisfactory in form and substance to Funding, and Funding shall have received from CAC copies of all documents (including, without limitation, records of corporate proceedings) relevant to the transactions herein contemplated as Funding may reasonably have requested; and
(i) On the Initial Funding Date, CAC shall deliver to Funding and the Deal Agent a Monthly Report as of the Initial Funding Date.
Appears in 1 contract
Conditions to Funding’s Obligations Regarding Loans. Consummation of the transactions contemplated hereby on the Closing Date and on any Subsequent Contribution Date shall be subject to the satisfaction of the following conditions:
(a) All representations and warranties of CAC and the Servicer contained in this Agreement shall be true and correct on the Closing Date and on each Subsequent Contribution Date thereafter with the same effect as though such representations and warranties had been made on such date;
(b) With respect to those Loans contributed on the Closing Date, all All information concerning such the Loans provided to Funding shall be true and correct in all material respects as of the Closing Date, in the case of any Loans sold on the Closing Date, or the Subsequent Contribution Date, in the case of any Loans sold on any Subsequent Contribution Date;
(c) CAC and the Servicer shall have substantially performed all other obligations required to be performed by the provisions of this Agreement;
(d) CAC shall have filed or caused to be filed, or shall have delivered for filing, filed the financing statement(s) required to be filed pursuant to Section 2.1(e2.1(b); and;
(e) All corporate and legal proceedings and all instruments in connection with the transactions contemplated by this Agreement shall be satisfactory in form and substance to Funding, and Funding shall have received from CAC copies of all documents (including, without limitation, records of corporate proceedings) relevant to the transactions herein contemplated as Funding may reasonably have requested; and
(f) On the Closing Date, CAC shall deliver to Funding and the Agent a Monthly Servicer's Certificate as of the Closing Date.
Appears in 1 contract
Samples: Contribution Agreement (Credit Acceptance Corporation)
Conditions to Funding’s Obligations Regarding Loans. Consummation of the transactions contemplated hereby on the Closing Initial Funding Date and on the date of each Incremental Funding shall be subject to the satisfaction of the following conditions:
(a) All representations and warranties of CAC and the Servicer contained in this Agreement shall be true and correct in all material respects on the Closing Initial Funding Date and the date of each Incremental Funding with the same effect as though such representations and warranties had been made on such datedate and the date of each Incremental Funding;
(b) With respect to those Loans sold and/or contributed on the Closing DateInitial Funding Date and the date of each Incremental Funding, all information concerning such Loans provided to Funding shall be true and correct in all material respects as of the Closing DateInitial Funding Date and the date of each Incremental Funding;
(c) CAC and the Servicer shall have substantially performed all other obligations required to be performed by the provisions of this Agreement;
(d) CAC shall have filed or caused to be filed, or shall have delivered for filing, the financing statement(s) required to be filed pursuant to Section 2.1(e); and
(e) All corporate and legal proceedings and all instruments in connection with the transactions contemplated by this Agreement shall be satisfactory in form and substance to Funding, and Funding shall have received from CAC copies of all documents (including, without limitation, records of corporate proceedings) relevant to the transactions herein contemplated as Funding may reasonably have requested.
Appears in 1 contract
Samples: Sale and Contribution Agreement (Credit Acceptance Corp)