Cooperation by Seller. (a) The Seller will cooperate fully and in a timely manner with the Owner Trustee, the Trust, the Servicer or the Indenture Trustee in connection with (i) the filing of any claims with an insurer or any agent of any insurer under any insurance policy affecting an Obligor or any of the Financed Vehicles; (ii) supplying any additional information as may be requested by the Owner Trustee, the Trust, the Servicer, the Indenture Trustee or any such agent or insurer in connection with the processing of any such claim; and (iii) the execution or endorsement of any check or draft made payable to the Seller representing proceeds from any such claim. The Seller shall take all such actions as may be requested by the Owner Trustee, the Trust, the Servicer or the Indenture Trustee to protect the rights of the Owner Trustee or the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) and the Note Insurer in and to any proceeds under any and all of the foregoing insurance policies. The Seller shall not take or cause to be taken any action which would impair the rights of the Owner Trustee or the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) and the Note Insurer in and to any proceeds under any of the foregoing insurance policies. (b) The Seller shall, within two (2) Business Days of receipt thereof, endorse any check or draft payable to the Seller representing insurance proceeds and (i) in the event there are no other payees on such check or draft, forward, via hand delivery, such endorsed check or draft to the Servicer for deposit into the Collection Account and (ii) in the event such check or draft is also payable to the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) and the Note Insurer, forward, via overnight courier, to the Indenture Trustee with a copy of such endorsed check or draft to the Servicer. The Seller will hold in trust and remit to the Indenture Trustee, within two (2) Business Days of receipt thereof, any funds received with respect to the Receivables after the Cutoff Date.
Appears in 2 contracts
Samples: Contribution Agreement (Capital One Auto Receivables LLC), Contribution Agreement (Capital One Auto Finance Trust 2002-C)
Cooperation by Seller. (a) The Seller will cooperate fully and in a timely manner with the Owner Trustee, the Trust, the Servicer or the Indenture Trustee in connection with (i) the filing of any claims with an insurer or any agent of any insurer under any insurance policy affecting an Obligor or any of the Financed Vehicles; (ii) supplying any additional information as may be requested by the Owner Trustee, the Trust, the Servicer, the Indenture Trustee or any such agent or insurer in connection with the processing of any such claim; and (iii) the execution or endorsement of any check or draft made payable to the Seller representing proceeds from any such claim. The Seller shall take all such actions as may be requested by the Owner Trustee, the Trust, the Servicer or the Indenture Trustee to protect the rights of the Owner Trustee or the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) Noteholders and the Note Insurer in and to any proceeds under any and all of the foregoing insurance policies. The Seller shall not take or cause to be taken any action which would impair the rights of the Owner Trustee or the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) Noteholders and the Note Insurer in and to any proceeds under any of the foregoing insurance policies.
(b) The Seller shall, within two (2) Business Days of receipt thereof, endorse any check or draft payable to the Seller representing insurance proceeds and (i) in the event there are no other payees on such check or draft, forward, via hand delivery, such endorsed check or draft to the Servicer for deposit into the Collection Account and (ii) in the event such check or draft is also payable to the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) Noteholders and the Note Insurer, forward, via overnight courier, to the Indenture Trustee with a copy of such endorsed check or draft to the Servicer. The Seller will hold in trust and remit to the Indenture Trustee, within two (2) Business Days of receipt thereof, any funds received with respect to the Receivables after the Cutoff Date.
Appears in 2 contracts
Samples: Contribution Agreement (Capital One Auto Receivables Trust 2001-B), Contribution Agreement (Capital One Auto Finance Trust 2002-A)
Cooperation by Seller. (a) The Seller will cooperate fully and in a timely manner with the Owner TrusteePurchaser, the Trust, the Supervisory Servicer or the Indenture Trustee in connection with (i) the filing of any claims with an insurer or any agent of any insurer under any insurance policy affecting an Obligor or any of the Financed Vehicles; (ii) supplying any additional information as may be requested by the Owner TrusteePurchaser, the Trust, the Supervisory Servicer, the Indenture Trustee or any such agent or insurer in connection with the processing of any such claim; and (iii) the execution or endorsement of any check or draft made payable to the Seller representing proceeds from any such claim. The Seller shall take all such actions as may be requested by the Owner TrusteePurchaser, the Trust, the Supervisory Servicer or the Indenture Trustee to protect the rights of the Owner Trustee Purchaser or the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) and the Note Insurer Certificateholders in and to any proceeds under any and all of the foregoing insurance policies. The Seller shall not take or cause to be taken any action which would impair the rights of the Owner Trustee Purchaser or the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) and the Note Insurer Certificateholders in and to any proceeds under any of the foregoing insurance policies.
(b) The Seller shall, within two one (21) Business Days Day of receipt thereof, endorse any check or draft payable to the Seller representing insurance proceeds and (i) in the event there are no other payees on such check or draft, forward, via hand delivery, deposit such endorsed check or draft to the Servicer for deposit draft, into the Collection Account within one (1) Business Day of receipt thereof; and (ii) in the event such check or draft is also payable to the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) and the Note InsurerTrustee, forward, via overnight courier, on behalf of the Certificateholders, to the Indenture Trustee with a copy of such endorsed check or draft to the Servicerdraft. The Seller will hold in trust and remit to the Indenture Trustee, within two (2) Business Days of receipt thereof, any funds received with respect to the Receivables after the applicable Cutoff Date.
Appears in 1 contract
Samples: Transfer and Assignment Agreement (Western Fidelity Funding Inc)
Cooperation by Seller. (a) The Seller will cooperate fully and in a timely manner with the Owner Trustee, the Trust, the Servicer or the Indenture Trustee in connection with (i) the filing of any claims with an insurer or any agent of any insurer under any insurance policy affecting an Obligor or any of the Financed Vehicles; (ii) supplying any additional information as may be requested 11 2003-A Contribution Agreement by the Owner Trustee, the Trust, the Servicer, the Indenture Trustee or any such agent or insurer in connection with the processing of any such claim; and (iii) the execution or endorsement of any check or draft made payable to the Seller representing proceeds from any such claim. The Seller shall take all such actions as may be requested by the Owner Trustee, the Trust, the Servicer or the Indenture Trustee to protect the rights of the Owner Trustee Trust or the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) and the Note Insurer in and to any proceeds under any and all of the foregoing insurance policies. The Seller shall not take or cause to be taken any action which would impair the rights of the Owner Trustee Trust or the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) and the Note Insurer in and to any proceeds under any of the foregoing insurance policies.
(b) The Seller shall, within two (2) Business Days of receipt thereof, endorse any check or draft payable to the Seller representing insurance proceeds and (i) in the event there are no other payees on such check or draft, forward, via hand delivery, such endorsed check or draft to the Servicer for deposit into the Collection Account and (ii) in the event such check or draft is also payable to the Indenture Trustee on behalf of the Noteholders, the Swap Counterparty (unless the Interest Rate Swap Agreement has been terminated and all amounts owed to the Swap Counterparty have been paid in full) and the Note Insurer, forward, via overnight courier, to the Indenture Trustee with a copy of such endorsed check or draft to the Servicer. The Seller will hold in trust and remit to the Indenture Trustee, within two (2) Business Days of receipt thereof, any funds received with respect to the Receivables after the Cutoff Date.
Appears in 1 contract
Samples: Contribution Agreement (Capital One Auto Receivables LLC)