Consumer Loans. Each Consumer Loan that you request and we approve from time to time will be considered a separate Loan transaction that is consummated at the time a Loan Advance Disclosure for each Loan is accepted by you. The terms applicable to your Consumer Loans will be governed by: (i) the Consumer Loan Application; (ii) this Agreement; (iii) the Loan Advance Disclosures provided with each Loan; (iv) a Loan proceeds check endorsement; and (v) other Loan documents required under this Agreement. These Loan documents are incorporated in and integrated as part of this Agreement.
Consumer Loans. The term "Consumer Loans" means all consumer loan accounts and receivables of the Business, including, without limitation, pawn loans, deferred deposit (or payday) loans, auto (or title) loans, installment loans and all other loans made by Seller to consumers, to the extent that any such loans, whether or not the same are current or delinquent, are being assigned to and assumed by Purchaser pursuant to this Agreement and the other Transaction Documents.
Consumer Loans. All Consumer Loans made in the Business have been made in compliance and accordance with all Applicable Laws. All Consumer Loan Documents represent bona fide assets of Seller and bona fide transactions between Seller and the respective parties to such transactions. Seller’s books and records that are being delivered to Purchaser contain an accurate record of the Consumer Loans and the Consumer Loan Documents, including, without limitation, for each loan written, all material loan application data and back-up documentation, all material underwriting criteria and documentation, all notices of adverse action, all promissory notes and loan documents, all pawn tickets, all buy-sell and/or repurchase agreements, the items securing or evidencing any security for such loans, if applicable, the amount loaned, the lawful interest charge and other lawful charges, if any, to accrue thereon, renewals thereof, all layaway contracts, and with respect to buy-sell or repurchase agreements — the purchase price, the repurchase price, and other lawful charges, if any, and with respect to pawn loans and buy-sell and/or repurchase agreements — an accurate description, in all material respects, of the pledged goods or the goods subject to buy-sell or repurchase agreements. All interest, fees and charges on each Consumer Loan and layaway contract included in the Consumer Loans do not exceed the maximum rate of interest, charges and fees allowed by Applicable Laws. In addition to, and without limiting the foregoing, the Consumer Loan Documents are complete in every material respect and comply with all Applicable Laws. Attached to Schedule 2.5(a) is a true, complete and correct copy of Seller’s standard agreements and standard required underwriting information for the creation of Consumer Loans. Except as set forth on Schedule 2.5(b), each Consumer Loan has been created using such standard forms of agreement and such standard underwriting information without material modification or substitution (except as may be consistent with Seller’s ordinary course of business — provided that any such consistent material modification or substitution is described in detail on Schedule 2.5(b)). With respect to pawn loans, all pawn tickets accurately reflect, in all material respects, that all outstanding pawn loans bear no more than the maximum lawful finance charge and other lawful charges, if any, applicable to the transaction and merchandise pawned and all buy-sell or repurchase agreements ac...
Consumer Loans. (i) Each Consumer Loan has been made and serviced in compliance, in all material respects, with the Underwriting Guidelines, Servicing Standards and all requirements of all Consumer Financial Services Laws, and all Consumer Loan Documents relating to a Consumer Loan comply in all material respects with all applicable Consumer Financial Services Laws and are enforceable in all material respects in accordance with their terms subject to the Bankruptcy and Equity Exception. No Consumer Loan was originated under the “tribal model” and/or any “offshore or commerce model.” The Servicing Standards used with respect to a Consumer Loan are in all material respects customary in the subprime consumer lending and servicing business with respect to subprime consumer loans similar to the Consumer Loans and comply in all material respects with all applicable municipal, state or federal laws or regulations; including, the Consumer Financial Services Laws.
Consumer Loans. From time to time the Borrower shall deliver to the Agent the Required Consumer Loan Documents for consumer loans by the Borrower, and the Borrower hereby pledges to the Agent and grants to the Agent for the benefit of the Lenders a security interest in all of the Borrower's right, title and interest in each such consumer loan, now existing or hereafter arising, (a) for which the original promissory note, comparable instrument or
Consumer Loans. All Consumer Loans made in thx Xxsiness have been made in compliance and accordance with all Applicable Laws, except where Seller has no Actual Knowledge of the failure to do so and such unknown failure would not, either individually or in the aggregate, have a Material Adverse Effect. All Consumer Loan Documents represent bona fide assets of Seller and bona fide transactions between Seller and the respective parties to such transactions. Seller's books and records that are being delivered to Purchaser contain an accurate record, in all material respects, of the Consumer Loans and the Consumer Loan Documents, including, without limitation, for each loan written, all material loan application data and back-up documentation, all material underwriting criteria and documentation, all notices of adverse action, all promissory notes and loan documents, all pawn tickets, all buy-sell and/or repurchase agreements, documentary evidence of compliance with all Applicable Laws, the underlying check or other items securing or evidencing any security for such loans, if applicable, the amount loaned, the lawful interest charge and other lawful charges, if any, to accrue thereon, renewals thereof, all layaway contracts, and with respect to buy-sell or repurchase agreements - the purchase price, the repurchase price, and other lawful charges, if any, and with respect to pawn loans and buy-sell and/or repurchase agreements - an accurate description, in all material respects, of the pledged goods or the goods subject to buy-sell or repurchase agreements. All interest, fees and charges on each Consumer Loan and layaway contract included in the Consumer Loans do not exceed the maximum rate of interest, charges and fees allowed by Applicable Laws. In addition to, and without limiting the foregoing, the Consumer Loan Documents are complete in every material respect and comply in all material respects with all Applicable Laws. Attached to Schedule 2.5(a) is a true, complete and correct copy of Seller's standard agreements for the creation of Consumer Loans. Except as set forth on Schedule 2.5(b), each Consumer Loan has been created using such standard forms of agreement without material modification or substitution (except as may be consistent with Seller's ordinary course of business - provided that any such consistent material modification or substitution is described in detail on Schedule 2.5(b)) except where Seller has no Actual Knowledge of the failure to use such standard f...
Consumer Loans. 317 204 Commercial Loans, including participations .........
Consumer Loans. All of Seller's secured and unsecured consumer loans carried on the books of Seller excluding loans 30 days contractually Past Due with respect to the Branches, including loans made on the security of the obligor's home equity in residential real estate and other consumer loans, as of the close of business on the Closing Date, plus accrued interest, fees and unposted activity (the "Consumer Loans"). A true and complete list, to the best of Seller's knowledge, of Consumer Loans as of June 30, 1998, is set forth on Schedule F hereto. The parties acknowledge that Schedule F shall be updated as of the Closing Date in accordance with Section 6.02
Consumer Loans. “Consumer Loans” shall mean all loan and credit services transactions conducted in the Business other than the Excluded Consumer Loans. All Consumer Loans have been made in accordance with applicable Law. All Consumer Loans, Consumer Loan accounts, loan documents, loan applications, loan files, credit services disclosure statements, credit services agreements, debit authorizations, arbitration agreements, customer checks, promissory notes and other Customer Transaction Documents (as defined below) and evidences of indebtedness related to the Business and Consumer Loans and reflected by the Go Cash Sellers’ electronic books and records as Consumer Loans owed to and owned by the Go Cash Sellers (collectively, the “Consumer Loans, Documents and Files”), represent bona fide assets of the Go Cash Sellers, free and clear of any Encumbrance and bona fide transactions between a Go Cash Seller and the respective parties to such transactions. The Go Cash Sellers’ books and records that are being delivered to the Purchaser contain a materially accurate record of the Consumer Loans, Documents and Files, including, without limitation, for each Consumer Loan written, all loan application data and back-up documentation, all underwriting criteria and documentation, all notices of adverse action, all promissory notes and loan documents, the underlying check or other items securing or evidencing any security for such loans, the amount loaned and the lawful interest charge and other lawful charges, if any, to accrue thereon and all other applicable Customer Transaction Documents related thereto. All interest, fees and charges on each Consumer Loan included in the Consumer Loans, Documents and Files do not exceed the maximum rate of interest, charges and fees allowed by Law. The Go Cash Sellers have provided to the Purchaser the opportunity to review the business rules the Go Cash Sellers follow in receiving loan applications and in denying, approving, originating, making, documenting, holding, servicing and collecting all Consumer Loans (collectively, the “Business Rules”). The Go Cash Sellers have provided or made available to the Purchaser true, complete and correct copies of all form documentation used by Go Cash Sellers in the twelve months prior to the date of this Agreement (on a state by state basis) in receiving loan applications and in denying, approving, originating, making, documenting, holding, servicing and collecting all Consumer Loans, including, without limit...
Consumer Loans. (a) Schedule 2.20 contains a true, complete and correct list of all of the consumer loans originated by any Seller (each, a “Consumer Loan”) (including the principal amount due and payment status) that are outstanding and not written off by the Sellers as of the Cut-Off Date, and Sellers have delivered to Buyer Consumer Loan data (including the principal amount due, total amount of interest payable, periodic payments, annual percentage interest rate, and payment status for each Consumer Loan) that is true, complete and correct as of the Cut-Off Date.
(b) No Seller has advanced funds, or induced, solicited, or knowingly received any advance of funds from a party other than the maker, co-maker, guarantor, or other obligor with respect to a Consumer Loan (“Consumer Loan Obligor”), directly or indirectly, for the payment of any amount required by the applicable Note (as defined below).
(c) There are no delinquent Taxes or other outstanding charges affecting the Consumer Loans. Each Consumer Loan materially complies with any and all requirements of applicable Laws.
(d) Neither the terms of the original executed notes or other evidence of the Consumer Loan indebtedness of a Consumer Loan Obligor (the “Notes”) nor the Consumer Loans have been impaired, waived, altered, or modified in any respect, except by written instruments.
(e) Except as may be limited by bankruptcy, insolvency, reorganization or similar Laws affecting the rights of creditors, no Notes are subject to any right of rescission, reformation, counterclaim, or defense, including the defense of usury, nor will the operation of any of the terms of the Notes render them unenforceable, in whole or in part, or subject to any right of rescission, reformation, counterclaim, or defense, including the defense of usury and no such right of rescission, reformation, counterclaim, or defense has been asserted with respect thereto, and there is no basis for any Consumer Loan to be modified or reformed without the consent of the holder thereof under applicable Law, except as may be permitted by bankruptcy, insolvency, reorganization or similar Laws affecting the rights of creditors.
(f) None of the Notes have been cancelled (other than upon repayment in full), subordinated, or rescinded, in whole or in part, nor has any instrument been executed that would affect any satisfaction, cancellation, subordination or rescission of any Note, other than, in each case, in the Ordinary Course of Business. The Notes are genui...
