Conveyance of the Receivables and the Other Conveyed Property. Section 2.1 Conveyance of the Receivables and the Other Conveyed Property. (a) Subject to the terms and conditions of this Agreement, the Originator hereby sells, transfers, assigns and otherwise conveys to the Depositor without recourse (but without limitation of its obligations in this Agreement), and the Depositor hereby purchases, all right, title and interest of the Originator in and to the Receivables and the Other Conveyed Property, including all moneys received after the Cutoff Date. It is the intention of the Originator and the Depositor that the sale and assignment contemplated by this Agreement constitutes a sale and contribution of the Receivables and the Other Conveyed Property from the Originator to the Depositor, conveying good title thereto free and clear of any liens, and the beneficial interest in and title to the Receivables and the Other Conveyed Property will not be part of the Originator's estate in the event of the filing of a bankruptcy petition by or against the Originator under any bankruptcy or similar law. (b) Simultaneously with the sale of the Receivables and the Other Conveyed Property to the Depositor, the Depositor has paid or caused to be paid to or upon the order of the Originator a purchase price equal to the aggregate Principal Balance of the Receivables. An amount equal to the net proceeds of the Class A Notes (less the initial deposit to the Spread Account) shall be paid by wire transfer of immediately available funds and the remaining balance of the purchase price will be paid with a portion of the proceeds from the sale of the Certificate by the Depositor to the Residual Holder.
Appears in 5 contracts
Samples: Purchase Agreement (Triad Automobile Receivables Trust 2006-A), Purchase Agreement (Triad Automobile Receivables Trust 2005-A), Purchase Agreement (Triad Financial Special Purpose LLC)
Conveyance of the Receivables and the Other Conveyed Property. Section SECTION 2.1 Conveyance of the Receivables and the Other Conveyed Property.
(a) Subject to the terms and conditions of this Agreement, the Originator hereby sells, transfers, assigns and otherwise conveys to the Depositor without recourse (but without limitation of its obligations in this Agreement), and the Depositor hereby purchases, all right, title and interest of the Originator in and to the Receivables and the Other Conveyed Property, including all moneys received after the Cutoff Date. It is the intention of the Originator and the Depositor that the sale and assignment contemplated by this Agreement constitutes a sale and contribution of the Receivables and the Other Conveyed Property from the Originator to the Depositor, conveying good title thereto free and clear of any liens, and the beneficial interest in and title to the Receivables and the Other Conveyed Property will not be part of the Originator's estate in the event of the filing of a bankruptcy petition by or against the Originator under any bankruptcy or similar law.
(b) Simultaneously with the sale of the Receivables and the Other Conveyed Property to the Depositor, the Depositor has paid or caused to be paid to or upon the order of the Originator a purchase price equal to the aggregate Principal Balance of the Receivables. An an amount equal to the net proceeds of the Class A Notes (less the initial deposit to the Spread Account) shall be paid by wire transfer of immediately available funds and the remaining balance remainder shall constitute a contribution of capital by the Originator to the Depositor (a wholly-owned subsidiary of the purchase price will be paid with a portion of the proceeds from the sale of the Certificate by the Depositor to the Residual HolderOriginator).
Appears in 1 contract
Samples: Purchase Agreement (Triad Automobile Receivables Trust 2004-A)
Conveyance of the Receivables and the Other Conveyed Property. Section 2.1 2.1. Conveyance of the Receivables and the Other Conveyed Property.
(a) Subject to the terms and conditions of this Agreement, the Originator hereby sells, transfers, assigns and otherwise conveys to the Depositor without recourse (but without limitation of its obligations in this Agreement), and the Depositor hereby purchases, all right, title and interest of the Originator in and to the Receivables and the Other Conveyed Property, including all moneys received after the Cutoff Date. It is the intention of the Originator and the Depositor that the sale and assignment contemplated by this Agreement constitutes a sale and contribution of the Receivables and the Other Conveyed Property from the Originator to the Depositor, conveying good title thereto free and clear of any liens, and the beneficial interest in and title to the Receivables and the Other Conveyed Property will not be part of the Originator's estate in the event of the filing of a bankruptcy petition by or against the Originator under any bankruptcy or similar law.
(b) Simultaneously with the sale of the Receivables and the Other Conveyed Property to the Depositor, the Depositor has paid or caused to be paid to or upon the order of the Originator a purchase price equal to the aggregate Principal Balance of the Receivables. An amount equal to the net proceeds of the Class A Notes (less the initial deposit to the Spread Account) shall be paid by wire transfer of immediately available funds and the remaining balance of the purchase price will be paid with a portion of the proceeds from the sale of the Certificate by the Depositor to the Residual Holder.
Appears in 1 contract
Samples: Purchase Agreement (Triad Financial Special Purpose LLC)