Conveyance of Initial Receivables. In consideration of the Issuer's delivery to or upon the order of the Seller on the Closing Date of the net proceeds from the sale of the Notes and the Certificates and the other amounts to be distributed from time to time to the Seller in accordance with the terms of this Agreement, the Seller does hereby sell, transfer, assign, set over and otherwise convey to the Issuer, without recourse (subject to the obligations set forth herein), all right, title and interest of the Seller in and to: (a) the Initial Receivables, and all moneys received thereon after the Initial Cutoff Date; (b) an assignment of the security interests in the Financed Vehicles granted by Obligors pursuant to the Initial Receivables and any other interest of the Seller in such Financed Vehicles; (c) any proceeds with respect to the Initial Receivables from claims on any physical damage, credit life or disability insurance policies covering Financed Vehicles or Obligors and any proceeds from the liquidation of the Initial Receivables; (d) any proceeds from any Initial Receivable repurchased by a Dealer, pursuant to a Dealer Agreement, as a result of a breach of representation or warranty in the related Dealer Agreement; (e) all rights under any Service Contracts on the related Financed Vehicles; (f) the related Receivables Files;
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Money Store Auto Trust 1996-2), Sale and Servicing Agreement (TMS Auto Holdings Inc), Sale and Servicing Agreement (TMS Auto Holdings Inc)
Conveyance of Initial Receivables. In consideration of CNHCR’s payment of $ (the Issuer's delivery to or upon “[Initial] Purchase Price”) in the order of the Seller on the Closing Date of the net proceeds from the sale of the Notes and the Certificates manner set out in Section 2.5(a), and the other amounts to be distributed from time to time to the Seller in accordance with consideration (including the terms of this Agreementand covenants) contained herein, the Seller CNHICA does hereby sell, transfer, assign, set over and otherwise convey to the IssuerCNHCR, without recourse (subject to the obligations set forth herein), all of its right, title title, interest in, to and interest of under (collectively, the Seller in and to:“[Initial] CNHICA Assets”):
(ai) the Initial [Initial] Receivables, including all documents constituting chattel paper included therewith, and all moneys received thereon obligations of the Obligors thereunder, including all monies paid thereunder on or after the Initial [Initial] Cutoff Date;
(bii) an assignment of the security interests in the Financed Vehicles Equipment granted by Obligors pursuant to the Initial [Initial] Receivables and any other interest of the Seller CNHICA in such Financed VehiclesEquipment;
(ciii) any proceeds with respect to the Initial [Initial] Receivables from claims on any physical damage, credit life or disability insurance policies covering Financed Vehicles Equipment or Obligors and (to the extent not used to purchase Substitute Equipment);
(iv) any proceeds from recourse to Dealers with respect to the liquidation of the Initial [Initial] Receivables;
(dv) any proceeds from any Initial Receivable repurchased Financed Equipment that shall have secured the [Initial] Receivables and that shall have been acquired by a Dealer, pursuant to a Dealer Agreement, as a result or on behalf of a breach of representation or warranty in the related Dealer Agreement;CNHCR; and
(e) all rights under any Service Contracts on the related Financed Vehicles;
(fvi) the related Receivables Files;proceeds of any and all of the foregoing.
Appears in 3 contracts
Samples: Purchase Agreement (CNH Capital Receivables LLC), Purchase Agreement (CNH Capital Receivables LLC), Purchase Agreement (CNH Capital Receivables LLC)
Conveyance of Initial Receivables. In consideration of the Issuer's delivery to or upon the order payment of the Seller on Initial Purchase Price and its agreement to pay the Closing Date portion of the net proceeds from the sale of the Notes and the Certificates and the other amounts to be distributed from time to time Residual Purchase Price allocable to the Seller Initial Receivables as provided in accordance with the terms of this AgreementSection 2.4, the Seller does hereby hereby:
(a) sell, transfer, assign, set over and otherwise convey to the Issuer, without recourse Issuer (subject to the obligations set forth herein), herein including the obligation of the Seller to service the Initial Receivables) all of its right, title and interest of in, to and under the Seller in and tofollowing:
(ai) the Initial Receivables, including all documents constituting chattel paper included therewith, and all obligations of the Obligors thereunder, including all moneys received thereon paid thereunder after the Initial Cutoff Cut-Off Date;
(bii) an assignment of the security interests in the Financed Vehicles granted by Obligors pursuant to the Initial Receivables and any other interest interests of the Seller in such Financed Vehicles;
(ciii) any proceeds with respect to the Initial Receivables from claims on any physical damage, credit life or disability insurance policies covering the related Financed Vehicles or Obligors and Obligors;
(iv) any proceeds from the liquidation of recourse to Dealers with respect to the Initial Receivables;
(dv) any proceeds from any Initial Receivable repurchased by a Dealer, pursuant to a Dealer Agreement, as a result of a breach of representation or warranty in the related Dealer Agreement;
(e) all rights under any Service Contracts on for the related Financed Vehicles;
(fvi) the related Receivables Files;; and
(vii) all proceeds of any and all of the foregoing including the related Recoveries; and
(b) agree to act as initial Servicer hereunder and to service the Initial Receivables and other property sold hereunder in accordance with the terms of this Agreement and to pay all costs and expenses of the Issuer incurred in connection with the completion of this Agreement.
Appears in 1 contract
Conveyance of Initial Receivables. In consideration of the Issuer's delivery to or upon the order of the Seller on the Closing Date of the net proceeds from the sale of the Notes and the Certificates and the other amounts to be distributed from time to time to the Seller in accordance with the terms of this Agreement, the Seller does hereby sell, transfer, assign, set over and otherwise convey to the Issuer, without recourse (subject to the obligations set forth herein), all right, title and interest of the Seller in and to:
(a) the Initial Receivables, and all moneys received thereon after the Initial Cutoff Date;
(b) an assignment of the security interests in the Financed Vehicles granted by Obligors pursuant to the Initial Receivables and any other interest of the Seller in such Financed Vehicles;
(c) any proceeds with respect to the Initial Receivables from claims on any physical damage, credit life or disability insurance policies covering Financed Vehicles or Obligors and any proceeds from the liquidation of the Initial Receivables;
(d) any proceeds from any Initial Receivable repurchased by a Dealer, pursuant to a Dealer Agreement, as a result of a breach of representation or warranty in the related Dealer Agreement;
(e) all rights under any Service Contracts on the related Financed Vehicles;
(f) the related Receivables Files;
Appears in 1 contract
Samples: Sale and Servicing Agreement (TMS Auto Holdings Inc)
Conveyance of Initial Receivables. In consideration of the --------------------------------- Issuer's delivery to or upon the order of the Seller on the Closing Date of the net proceeds from the sale of the Notes and the Certificates and the other amounts to be distributed from time to time to the Seller in accordance with the terms of this Agreement, the Seller does hereby sell, transfer, assign, set over and otherwise convey to the Issuer, without recourse (subject to the obligations set forth herein), all right, title and interest of the Seller in and to:
(a) the Initial Receivables, Receivables and all moneys received thereon after the Initial Cutoff Date;
(b) an assignment of the security interests in the Financed Vehicles granted by Obligors pursuant to the Initial Receivables and any other interest of the Seller in such Financed Vehicles;
(c) any proceeds and the right to receive proceeds with respect to the Initial Receivables from claims on any physical damage, credit life or disability insurance policies covering Financed Vehicles or Obligors and any proceeds from the liquidation of the Initial Receivables;
(d) any proceeds from any Initial Receivable repurchased by a Dealer, all rights of the Seller against Dealers pursuant to a Dealer Agreement, as a result of a breach of representation or warranty in the related Dealer AgreementAgreements;
(e) all rights under any Service Contracts on the related Financed Vehicles;
(f) the related Receivables Files;
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)