Common use of Definitions; Effectiveness Clause in Contracts

Definitions; Effectiveness. (a) The terms used in this Agreement shall be defined as set forth in Schedule 1, and the rules of construction set forth in Schedule 1 shall apply to this Agreement. Terms not defined herein shall have the meanings ascribed to them in the Marketing Agreement. (b) This Agreement shall be effective as of the Effective Date and, as of the Effective Date, shall supersede and replace the Existing Sale Agreement (except that, as provided in section 1(c), the Existing Sale Agreement will govern the purchase of Loans originated prior to the Effective Date). This Agreement shall apply to all Loans originated by Bank during the term of this Agreement, beginning on the Effective Date. Loans originated on or after the Effective Date shall not be subject to the Existing Sale Agreement. (c) All Loans originated by Bank prior to the Effective Date shall be governed by the terms of the Existing Sale Agreement as in effect at the time that such Loans were originated, and shall not be subject to the terms of this Agreement. (d) This Agreement shall not operate so as to render invalid or improper any action heretofore taken under the Existing Sale Agreement.

Appears in 3 contracts

Samples: Loan and Receivable Sale Agreement, Loan and Receivable Sale Agreement (LendingClub Corp), Loan and Receivable Sale Agreement (LendingClub Corp)

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Definitions; Effectiveness. (a) The terms used in this Agreement shall be defined as set forth in Schedule 1, and 1 to the Marketing Agreement. The rules of construction set forth in Schedule 1 to the Marketing Agreement shall apply to this Agreement. Terms not defined herein shall have the meanings ascribed to them in the Marketing Agreement. (b) This Agreement shall be effective as of August 1, 2016 (the Effective Date Date”) and, as of the Effective Date, shall supersede and replace the Existing Sale Agreement (except that, as provided in section 1(c), the Existing Sale Agreement will govern the purchase of Loans originated prior to the Effective Date). This Agreement shall apply to all Loans originated by Bank during the term of this Agreement, beginning on the Effective Date. Loans originated on or after the Effective Date shall not be subject to the Existing Sale Agreement. (c) All Loans originated by Bank prior to the Effective Date shall be governed by the terms of the Existing Sale Agreement as in effect at the time that such Loans were originated, and shall not be subject to the terms of this Agreement. As to such Loans, the terms of the Existing Program Agreement, including indemnification, shall continue to apply on the terms set forth therein. (d) This Agreement shall not operate so as to render invalid or improper any action heretofore taken under the Existing Sale Agreement.

Appears in 2 contracts

Samples: Asset Sale Agreement (Prosper Funding LLC), Asset Sale Agreement (Prosper Funding LLC)

Definitions; Effectiveness. (a) The terms used in this Agreement shall be defined as set forth in Schedule 1; provided, and however, that any capitalized terms not defined in Schedule 1 shall have the respective meanings attributed to such terms under the Loan Account Program Agreement. The rules of construction set forth in Schedule 1 shall apply to this Agreement. Terms not defined herein shall have the meanings ascribed to them in the Marketing Agreement. (b) This Agreement shall be effective as of the Effective Date and, as of the Effective Date, shall supersede and replace the Existing Sale Agreement (except that, as provided in section 1(c), the Existing Sale Agreement will govern the purchase of Loans Loan Accounts originated prior to the Effective Date). This Agreement shall apply to all Loans Loan Accounts originated by Bank during the term of this Agreement, beginning on the Effective Date. Loans originated on or after the Effective Date shall not be subject to the Existing Sale Agreement. (c) All Loans Loan Accounts originated by Bank prior to the Effective Date shall be governed by the terms of the Existing Sale Agreement as in effect at the time that such Loans Loan Accounts were originated, and shall not be subject to the terms of this Agreement. (d) This Agreement shall not operate so as to render invalid or improper any action heretofore taken under the Existing Sale Agreement.

Appears in 2 contracts

Samples: Loan Sale Agreement (Prosper Funding LLC), Loan Sale Agreement (Prosper Funding LLC)

Definitions; Effectiveness. (a) The terms used in this Agreement shall be defined as set forth in Schedule 1, and the rules of construction set forth in Schedule 1 shall apply to this Agreement. Terms not defined herein shall have the meanings ascribed to them in the Marketing Agreement. (b) This Agreement shall be effective as of the Effective Date and, as of the Effective Date, shall supersede and replace the Existing Sale Agreement (except that, as provided in section 1(c), the Existing Sale Agreement will govern the purchase of Loans Loan Accounts originated prior to the Effective Date). This Agreement shall apply to all Loans Loan Accounts originated by Bank during the term of this Agreement, beginning on the Effective Date. Loans originated on or after the Effective Date shall not be subject to the Existing Sale Agreement. (c) All Loans Loan Accounts originated by Bank prior to the Effective Date shall be governed by the terms of the Existing Sale Agreement as in effect at the time that such Loans Loan Accounts were originated, and shall not be subject to the terms of this Agreement. (d) This Agreement shall not operate so as to render invalid or improper any action heretofore taken under the Existing Sale Agreement.

Appears in 1 contract

Samples: Loan Sale Agreement (Prosper Marketplace Inc)

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Definitions; Effectiveness. (a) The terms used in this Agreement shall be defined as set forth in Schedule 1, and 1 to the Marketing Agreement. The rules of construction set forth in Schedule 1 to the Marketing Agreement shall apply to this Agreement. Terms not defined herein shall have the meanings ascribed to them in the Marketing Agreement. (b) This Agreement shall be effective as of August 1, 2016 (the Effective Date Date”) and, as of the Effective Date, shall supersede and replace the Existing Sale Stand By Loan Purchase Agreement (except that, as provided in section 1(c), the Existing Sale Stand By Loan Purchase Agreement will govern the purchase of Loans originated prior to the Effective Date). This Agreement shall apply to all Loans originated by Bank during the term of this Agreement, beginning on the Effective Date. Loans originated on or after the Effective Date shall not be subject to the Existing Sale Stand By Loan Purchase Agreement. (c) All Loans originated by Bank prior to the Effective Date shall be governed by the terms of the Existing Sale Stand By Loan Purchase Agreement as in effect at the time that such Loans were originated, and shall not be subject to the terms of this Agreement. As to such Loans, the terms of the Existing Stand By Loan Purchase Agreement, including indemnification, shall continue to apply on the terms set forth therein. (d) This Agreement shall not operate so as to render invalid or improper any action heretofore taken under the Existing Sale Stand By Loan Purchase Agreement.

Appears in 1 contract

Samples: Stand by Purchase Agreement (Prosper Funding LLC)

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