Common use of Contract Files Clause in Contracts

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 Financing Originator as custodian for CFUSA) 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 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 their conveyance to the Depositor under the Non-VFC Purchase Agreement), the VFC Trust (prior to their conveyance to the Depositor under the VFC Assignment) and the Depositor.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (Cit Equipment Collateral 2003-Ef1), Pooling and Servicing Agreement (NCT Funding Co LLC)

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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 Financing Originator as custodian for CFUSA) 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 "β€œtangible chattel paper" ” as defined in the UCC, the End-User 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 their conveyance to the Depositor under the Non-VFC Purchase Agreement), the VFC Trust (prior to their conveyance to the Depositor under the VFC Assignment) and the Depositor.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Funding Co, LLC)

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