Common use of Dealer Agreements Clause in Contracts

Dealer Agreements. The Dealer that sold each Contract to the Originator has entered into a Dealer Agreement and such Dealer Agreement constitutes the entire agreement between the Originator and the related Dealer with respect to the sale of such Contract to the Originator. Each such Dealer Agreement is in full force and effect and is the legal, valid and binding obligation of such Dealer, there have been no material defaults by such Dealer or by the Originator under such Dealer Agreement; the Originator has fully performed all of its obligations under such Dealer Agreement; the Originator has not made any statements or representations to such Dealer (whether written or oral) inconsistent with any term of such Dealer Agreement; the purchase price (as specified in the applicable Dealer Agreement, if any) for such Contract has been paid in full by the Originator; there is no other payment due to such Dealer from the Originator for the purchase of such Contract; such Dealer has no right, title or interest in or to any Contract; there is no prior course of dealing between such Dealer and the Originator which will affect the terms of such Dealer Agreement; any payment owed to such Dealer by the Originator is a corporate obligation of the Originator in the nature of a bonus for amounts collected by the Originator in excess of the purchase price for a Contract.

Appears in 11 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-2), Sale and Servicing Agreement (Drive Auto Receivables LLC), Contribution Agreement (Santander Drive Auto Receivables LLC)

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Dealer Agreements. The Dealer that sold each Contract such Receivable to the Originator has Seller entered into a Dealer Agreement with the Seller and such Dealer Agreement constitutes or, at the time of sale of such Receivable to the Seller, did constitute the entire agreement between the Originator Seller and the related Dealer with respect to the sale of such Contract Receivable to the OriginatorSeller. Each such Such Dealer Agreement is or, at the time of sale of such Receivable to the Seller, was in full force and effect and is or was, at the time of such sale, the legal, valid and binding obligation of such Dealer; with respect to any Dealer Agreement that remains in effect, there have been no material defaults by such Dealer or by the Originator Seller under such Dealer Agreement; the Originator Seller has fully performed all of its obligations under such Dealer Agreement; the Originator Seller has not made any statements or representations to such Dealer (whether written or oral) inconsistent with any term of such Dealer Agreement; the purchase price (as specified in the applicable Dealer Agreement, if any) for such Contract Receivable has been paid in full by the OriginatorSeller; there is no other payment due to such Dealer from the Originator Seller for the purchase of such ContractReceivable; such Dealer has no right, title or interest in or to any ContractReceivable; there is no prior course of dealing between such Dealer and the Originator Seller which will affect the terms of such Dealer Agreement; any payment owed to such Dealer by the Originator is a corporate obligation of the Originator in the nature of a bonus for amounts collected by the Originator in excess of the purchase price for a Contract.

Appears in 1 contract

Samples: Transfer and Assignment Agreement (Western Fidelity Funding Inc)

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