Common use of Conveyance of the Subsequent Loans Clause in Contracts

Conveyance of the Subsequent Loans. (a) Subject to the conditions set forth in paragraph (b) below, in consideration of the Trustee's delivery on the related Subsequent Transfer Dates to or upon the order of the Representative of all or a portion of the balance of funds in the Pre-Funding Account, the Originators shall on any Subsequent Transfer Date contribute, transfer, assign, set over and otherwise convey without recourse, to the Issuer all right, title and interest of the applicable Originators in and to each Subsequent Loan listed on the Loan Schedule delivered by the Representative on such Subsequent Transfer Date, all their right, title and interest in and to principal collected and interest accruing on each such Subsequent Loan on and after the related Subsequent Cut-Off Date and all their right, title and interest in and to all Insurance Policies; PROVIDED, HOWEVER, that the Originators reserve and retain all their right, title and interest in and to principal (including Principal Prepayments) collected and interest accruing on each such Subsequent Loan prior to the related Subsequent Cut-Off Date. The transfer by the Originators of the Subsequent Loans set forth on the Loan Schedule to the Issuer shall be absolute and shall be intended by all parties hereto to be treated as a sale by the Originators. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances as of the related Subsequent Transfer Date of the Subsequent Loans so transferred; provided, however, that the amount released from the Pre-Funding Account for a Low Interest Loan, if applicable, shall be the percentage set forth on Exhibit O attached hereto of the aggregate principal balance thereof as of the related Subsequent Transfer Date.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp)

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Conveyance of the Subsequent Loans. (a) a. Subject to the conditions set forth in paragraph (b) below, in consideration of the Trustee's delivery on the related Subsequent Transfer Dates to or upon the order of the Representative Seller of all or a portion of the balance of funds in the Pre-Funding AccountGroup I Subaccount, the Originators Pre-Funding Group II-A Subaccount or the Pre-Funding Group II-B Subaccount, the Seller shall on any Subsequent Transfer Date contributesell, transfer, assign, set over and otherwise convey without recourse, to the Issuer Trust by execution and delivery of a Subsequent Transfer Instrument, all the right, title and interest of the applicable Originators Seller in and to each the Subsequent Loan listed Loans identified on the Loan Schedule delivered by List of Loans attached to the Representative on such Subsequent Transfer DateInstrument, including all their right, title and interest in and rights to principal collected and interest accruing receive payments on each such or with respect to the Subsequent Loan on and Loans due after the related Subsequent Cut-Off Date off Date, and all their right, title and interest in and items with respect to all Insurance Policies; PROVIDED, HOWEVER, that the Originators reserve and retain all their right, title and interest in and to principal (including Principal Prepayments) collected and interest accruing on each such Subsequent Loan prior to Loans in the related Subsequent Cut-Off DateLoan Files. The transfer to the Trustee by the Originators Seller of the Subsequent Loans set forth on the Loan Schedule to the Issuer shall be absolute and shall be is intended by all parties hereto the Seller, the Trustee, and the Certificateholders to constitute and to be treated as a sale of the Subsequent Loans by the OriginatorsSeller or the Originator to the Trust. The amount released from purchase price paid by the Pre-Funding Account Trustee shall be one-one hundred percent (100%) of the aggregate principal balances as Cut-off Date Principal Balances of the related such Subsequent Transfer Date Loans. The purchase price of the Subsequent Group I-B Loans so transferred; provided, however, that the amount released from shall be paid solely with amounts in the Pre-Funding Account for a Low Interest Loan, if applicable, Group I Subaccount. The purchase price of Subsequent Group II-A Loans shall be paid solely with amounts in the percentage set forth on Exhibit O attached hereto Pre-Funding Group II-A Subaccount. The purchase price of Subsequent Group II-B Loans shall be paid solely with amounts in the Pre-Funding Group II-B Subaccount. This Agreement shall constitute a fixed price contract in accordance with Section 860G(a)(3)(A)(ii) of the aggregate principal balance thereof as Code. Subsequent Group I Loans are assets of the related Subsidiary A REMIC. Subsequent Transfer DateGroup II Loans are assets of the Subsidiary B REMIC.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Conveyance of the Subsequent Loans. (a) Subject to the conditions set forth in paragraph (b) below, in consideration of the Trustee's delivery on the related Subsequent Transfer Dates to or upon the order of the Representative of all or a portion of the balance of funds in the Pre-Funding Account, the Originators shall on any Subsequent Transfer Date contribute, transfer, assign, set over and otherwise convey without recourse, to the Issuer all right, title and interest of the applicable Originators in and to each Subsequent Loan listed on the Loan Schedule delivered by the Representative on such Subsequent Transfer Date, all their right, title and interest in and to principal collected and interest accruing on each such Subsequent Loan on and after the related Subsequent Cut-Off Date and all their right, title and interest in and to all Insurance Policies; PROVIDED, HOWEVER, that the Originators reserve and retain all their right, title and interest in and to principal (including Principal Prepayments) collected and interest accruing on each such Subsequent Loan prior to the related Subsequent Cut-Off Date. The transfer by the Originators of the Subsequent Loans set forth on the Loan Schedule to the Issuer shall be absolute and shall be intended by all parties hereto to be treated as a sale by the Originators. The amount released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate principal balances as of the related Subsequent Transfer Date of the Subsequent Loans so transferred; provided, however, that the amount released from the Pre-Pre- Funding Account for a Low Interest Loan, if applicable, shall be the percentage set forth on Exhibit O attached hereto of the aggregate principal balance thereof as of the related Subsequent Transfer Date.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Money Store Home Equity Corp)

Conveyance of the Subsequent Loans. (a) a. Subject to the conditions set forth in paragraph (b) below, in consideration of the Trustee's delivery on the related Subsequent Transfer Dates to or upon the order of the Representative Seller of all or a portion of the balance of funds in the Pre-Funding AccountGroup I ARM Subaccount, the Originators Pre-Funding Group II ARM Subaccount and the Pre-Funding Fixed Rate Subaccount, the Seller shall on any Subsequent Transfer Date contributesell, transfer, assign, set over and otherwise convey without recourse, to the Issuer Trust by execution and delivery of a Subsequent Transfer Instrument, all the right, title and interest of the applicable Originators Seller in and to each the Subsequent Loan listed Loans identified on the Loan Schedule delivered by List of Loans attached to the Representative on such Subsequent Transfer DateInstrument, including all their right, title and interest in and rights to principal collected and interest accruing receive payments on each such or with respect to the Subsequent Loan on and Loans due after the related Subsequent Cut-Off Date off Date, and all their right, title and interest in and items with respect to all Insurance Policies; PROVIDED, HOWEVER, that the Originators reserve and retain all their right, title and interest in and to principal (including Principal Prepayments) collected and interest accruing on each such Subsequent Loan prior to Loans in the related Subsequent Cut-Off DateLoan Files. The transfer to the Trustee by the Originators Seller of the Subsequent Loans set forth on the Loan Schedule to the Issuer shall be absolute and shall be is intended by all parties hereto the Seller, the Trustee, the Certificateholders and the Class C Certificateholders to constitute and to be treated as a sale of the Subsequent Loans by the OriginatorsSeller or the Originator to the Trust. The amount released from purchase price paid by the Pre-Funding Account Trustee shall be one-one hundred percent (100%) of the aggregate principal balances as Cut-off Date Principal Balances of the related such Subsequent Transfer Date Loans. The purchase price of the Subsequent Fixed Rate Loans so transferred; provided, however, that the amount released from shall be paid solely with amounts in the Pre-Funding Account for a Low Interest Loan, if applicable, Fixed Rate Subaccount. The purchase price of Subsequent Group I Adjustable Rate Loans shall be paid solely with amounts in the percentage set forth on Exhibit O attached hereto Pre-Funding Group I ARM Subaccount. The purchase price of Subsequent Group II Adjustable Rate Loans shall be paid solely with amounts in the Pre-Funding Group II ARM Subaccount. This Agreement shall constitute a fixed price contract in accordance with Section 860G(a)(3)(A)(ii) of the aggregate principal balance thereof as of the related Subsequent Transfer DateCode.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Conveyance of the Subsequent Loans. (a) a. Subject to the conditions set forth in paragraph (b) below, in consideration of the Trustee's delivery on the related Subsequent Transfer Dates to or upon the order of the Representative Seller of all or a portion of the balance of funds in the Pre-Funding AccountGroup I Subaccount or the Pre-Funding Group II Subaccount, the Originators Seller shall on any Subsequent Transfer Date contributesell, transfer, assign, set over and otherwise convey without recourse, to the Issuer Trust by execution and delivery of a Subsequent Transfer Instrument, all the right, title and interest of the applicable Originators Seller in and to each the Subsequent Loan listed Loans identified on the Loan Schedule delivered by List of Loans attached to the Representative on such Subsequent Transfer DateInstrument, including all their right, title and interest in and rights to principal collected and interest accruing receive payments on each such or with respect to the Subsequent Loan on and Loans due after the related Subsequent Cut-Off Date off Date, and all their right, title and interest in and items with respect to all Insurance Policies; PROVIDED, HOWEVER, that the Originators reserve and retain all their right, title and interest in and to principal (including Principal Prepayments) collected and interest accruing on each such Subsequent Loan prior to Loans in the related Subsequent Cut-Off DateLoan Files. The transfer to the Trustee by the Originators Seller of the Subsequent Loans set forth on the Loan Schedule to the Issuer shall be absolute and shall be is intended by all parties hereto the Seller, the Trustee, and the Certificateholders to constitute and to be treated as a sale of the Subsequent Loans by the OriginatorsSeller or the Originator to the Trust. The amount released from purchase price paid by the Pre-Funding Account Trustee shall be one-one hundred percent (100%) of the aggregate principal balances as Cut-off Date Principal Balances of the related such Subsequent Transfer Date Loans. The purchase price of the Subsequent Group I Loans so transferred; provided, however, that the amount released from shall be paid solely with amounts in the Pre-Funding Account for a Low Interest Loan, if applicable, Group I Subaccount. The purchase price of Subsequent Group II Loans shall be paid solely with amounts in the percentage set forth on Exhibit O attached hereto Pre-Funding Group II Subaccount. This Agreement shall constitute a fixed price contract in accordance with Section 860G(a)(3)(A)(ii) of the aggregate principal balance thereof as Code. Subsequent Group I Loans are assets of the related Subsidiary A REMIC. Subsequent Transfer DateGroup II Loans are assets of the Subsidiary B REMIC.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

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Conveyance of the Subsequent Loans. (a) a. Subject to the conditions set forth in paragraph (b) below, in consideration of the Trustee's delivery on the related Subsequent Transfer Dates to or upon the order of the Representative Seller of all or a portion of the balance of funds in the Pre-Funding AccountFixed Rate Group I Subaccount, the Originators Pre-Funding Fixed Rate Group II Subaccount and the Pre-Funding ARM Subaccount, the Seller shall on any Subsequent Transfer Date contributesell, transfer, assign, set over and otherwise convey without recourse, to the Issuer Trust by execution and delivery of a Subsequent Transfer Instrument, all the right, title and interest of the applicable Originators Seller in and to each the Subsequent Loan listed Loans identified on the Loan Schedule delivered by List of Loans attached to the Representative on such Subsequent Transfer DateInstrument, including all their right, title and interest in and rights to principal collected and interest accruing receive payments on each such or with respect to the Subsequent Loan on and Loans due after the related Subsequent Cut-Off Date off Date, and all their right, title and interest in and items with respect to all Insurance Policies; PROVIDED, HOWEVER, that the Originators reserve and retain all their right, title and interest in and to principal (including Principal Prepayments) collected and interest accruing on each such Subsequent Loan prior to Loans in the related Subsequent Cut-Off DateLoan Files. The transfer to the Trustee by the Originators Seller of the Subsequent Loans set forth on the Loan Schedule to the Issuer shall be absolute and shall be is intended by all parties hereto the Seller, the Trustee, the Certificateholders and the Class C Certificateholder to constitute and to be treated as a sale of the Subsequent Loans by the OriginatorsSeller or the Originator to the Trust. The amount released from purchase price paid by the Pre-Funding Account Trustee shall be one-one hundred percent (100%) of the aggregate principal balances as Cut-off Date Principal Balances of the related such Subsequent Transfer Date Loans. The purchase price of the Subsequent Adjustable Rate Loans so transferred; provided, however, that the amount released from shall be paid solely with amounts in the Pre-Funding Account for a Low Interest Loan, if applicable, ARM Subaccount. The purchase price of Subsequent Fixed Rate Group I Loans shall be paid solely with amounts in the percentage set forth on Exhibit O attached hereto Pre-Funding Fixed Rate Group I Subaccount. The purchase price of Subsequent Fixed Rate Group II Loans shall be paid solely with amounts in the Pre-Funding Fixed Rate Group II Subaccount. This Agreement shall constitute a fixed price contract in accordance with Section 860G(a)(3)(A)(ii) of the aggregate principal balance thereof as of the related Subsequent Transfer DateCode.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)

Conveyance of the Subsequent Loans. (a) a. Subject to the conditions set forth in paragraph (b) below, in consideration of the Trustee's delivery on the related Subsequent Transfer Dates to or upon the order of the Representative Company of all or a portion of the balance of funds in the Pre-Funding AccountGroup I ARM Subaccount, the Originators Pre-Funding Group II ARM Subaccount and Pre-Funding Fixed Rate Subaccount, the Company shall on any Subsequent Transfer Date contributesell, transfer, assign, set over and otherwise convey without recourse, to the Issuer Trust by execution and delivery of a Subsequent Transfer Instrument, all the right, title and interest of the applicable Originators Company in and to each the Subsequent Loan listed Loans identified on the Loan Schedule delivered by List of Loans attached to the Representative on such Subsequent Transfer DateInstrument, including all their right, title and interest in and rights to principal collected and interest accruing receive payments on each such or with respect to the Subsequent Loan on and Loans due after the related Subsequent Cut-Off Date off Date, and all their right, title and interest in and items with respect to all Insurance Policies; PROVIDED, HOWEVER, that the Originators reserve and retain all their right, title and interest in and to principal (including Principal Prepayments) collected and interest accruing on each such Subsequent Loan prior to Loans in the related Subsequent Cut-Off DateLoan Files. The transfer to the Trustee by the Originators Company of the Subsequent Loans set forth on the Loan Schedule to the Issuer shall be absolute and shall be is intended by all parties hereto the Company, the Trustee, the Certificateholders and the Class C Certificateholders to constitute and to be treated as a sale of the Subsequent Loans by the OriginatorsCompany to the Trust. The amount released from purchase price paid by the Pre-Funding Account Trustee shall be one-one hundred percent (100%) of the aggregate principal balances as Cut-off Date Principal Balances of the related such Subsequent Transfer Date Loans. The purchase price of the Subsequent Fixed Rate Loans so transferred; provided, however, that the amount released from shall be paid solely with amounts in the Pre-Funding Account for a Low Interest Loan, if applicable, Fixed Rate Subaccount. The purchase price of Subsequent Group I Adjustable Rate Loans shall be paid solely with amounts in the percentage set forth on Exhibit O attached hereto Pre-Funding Group I ARM Subaccount. The purchase price of Subsequent Group II Adjustable Rate Loans shall be paid solely with amounts in the Pre-Funding Group II ARM Subaccount. This Agreement shall constitute a fixed price contract in accordance with Section 860G(a)(3)(A)(ii) of the aggregate principal balance thereof as of the related Subsequent Transfer DateCode.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)

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