Contract Files. As of the Closing Date (or as of the Substitution Transfer Date, with respect to Substitute Contracts), (i) immediately prior to such date, CFUSA (or the applicable Financing Originator as custodian for CFUSA, with respect to TCC Contracts) had possession of each original Contract and the related complete Contract File, and there were no other custodial agreements relating to the same in effect (other than offsite storage arrangements described in Section 4.01(b)); (ii) each of such documents which is required to be signed by the Obligor has been signed by the Obligor in the appropriate spaces; and (iii) the complete Contract File for each Contract is in the possession of the Servicer. If the Contract is "tangible chattel paper" as defined in the UCC, the End User Contract that constitutes or evidences the Contract does not have any marks or notations indicating that it has been pledged, assigned or otherwise conveyed to any other Person besides CFUSA (prior to its conveyance to the Depositor under the Non VFC Purchase Agreement), the VFC Trust (prior to its conveyance to the Depositor under the VFC Assignment) and the Depositor.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Cit Equipment Collateral 2001-1), Pooling and Servicing Agreement (CIT Equipment Collateral 2005-Vt1), Pooling and Servicing Agreement (Cit Equipment Collateral 2003-Vt1)
Contract Files. As of the Closing Date (or as of the Substitution Transfer Date, with respect to Substitute Contracts), (i) immediately prior to such date, CFUSA (or the applicable Financing Originator as custodian for CFUSA, with respect to TCC Contracts) had possession of each original Contract and the related complete Contract File, and there were no other custodial agreements relating to the same in effect (other than offsite storage arrangements described in Section 4.01(b)); (ii) each of such documents which is required to be signed by the Obligor has been signed by the Obligor in the appropriate spaces; and (iii) to the Depositor’s knowledge, the complete Contract File for each Contract is in the possession of the Servicer. If the Contract is "“tangible chattel paper" ” as defined in the UCC, the End End-User Contract that constitutes or evidences the Contract does not have any marks or notations indicating that it has been pledged, assigned or otherwise conveyed to any other Person besides CFUSA (prior to its conveyance to the Depositor under the Non Non-VFC Purchase Agreement), the VFC Trust (prior to its conveyance to the Depositor under the VFC Assignment) and the Depositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CIT Equipment Collateral 2006-Vt1), Pooling and Servicing Agreement (Cit Funding Co, LLC)
Contract Files. As of the Closing Date (or as of the Substitution Transfer Date, with respect to Substitute Contracts), (i) immediately prior to such date, CFUSA (or the applicable Financing Originator as custodian for CFUSA, with respect to TCC Contracts) had possession of each original Contract and the related complete Contract File, and there were no other custodial agreements relating to the same in effect (other than offsite storage arrangements described in Section 4.01(b)); (ii) each of such documents which is required to be signed by the Obligor has been signed by the Obligor in the appropriate spaces; and (iii) to the Depositor's knowledge the complete Contract File for each Contract is in the possession of the Servicer. If the Contract is "tangible chattel paper" as defined in the UCC, the End End-User Contract Contracts that constitutes or evidences the Contract does not have any marks or notations indicating that it has been pledged, assigned or otherwise conveyed to any other Person besides CFUSA (prior to its their conveyance to the Depositor under the Non Non-VFC Purchase Agreement), the VFC Trust (prior to its their conveyance to the Depositor under the VFC Assignment) and the Depositor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Cit Funding Co, LLC), Pooling and Servicing Agreement (CIT Equipment Collateral 2005-Ef1)