Common use of Evidence of Security Interest Clause in Contracts

Evidence of Security Interest. Within 10 days after each Sale Date, the Seller shall deliver or cause to be delivered to the Trustee, as Custodian, (A) an original certificate of title or (B) if the applicable state title registration agency does not deliver certificates of title to lienholders, such other document delivered to the Seller by the state title registration agency evidencing the security interest of the Seller in the Financed Vehicle, or (C) a guarantee of title or a copy of an application for title if no certificate of title or other evidence of the security interest in the Financed Vehicle has yet been issued, for each Financed Vehicle relating to each Receivable sold, transferred, assigned and conveyed hereunder; provided, however, that any original certificate of title or other document evidencing the security interest of the Seller in the Financed Vehicle not so delivered on the Sale Date, due to the fact that such title or other document has not yet been issued by a state title registration agency and delivered to the Seller as of such date, shall be delivered by the Seller to the Trustee within one hundred twenty (120) days after the Sale Date or such later date (not exceeding another 120 days thereafter) permitted by the related Pooling and Servicing Agreement; provided, further, that failure to so deliver any original certificate of title or other document evidencing the security interest of the Seller in the Financed Vehicle to the Trustee shall be deemed to be a breach by the Seller of its representations and warranties contained in this Section 3.01, and such occurrence shall constitute a breach pursuant to Section 7.02 herein.

Appears in 2 contracts

Samples: Master Purchase Agreement (Aegis Consumer Funding Group Inc), Master Purchase Agreement (Aegis Consumer Funding Group Inc)

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Evidence of Security Interest. Within 10 days after On the Closing Date (in the case of the Initial Receivables) and the applicable Funding Date (in the case of each Sale DateAdditional Receivable), the Seller shall deliver or cause to be delivered to the Trustee, as Custodian, Custodian (A) an original certificate of title or (B) if the applicable state title registration agency does not deliver certificates of title to lienholders, such other document delivered to the Seller by the under applicable state title registration agency laws evidencing the security interest of the Seller Aegis Finance in the Financed Vehicle, or (C) a guarantee of title or a copy of an application for title if no certificate of title or other evidence of the security interest in the Financed Vehicle has yet been issued, for each Financed Vehicle relating to each Receivable sold, transferred, assigned and conveyed hereunder; provided, however, that any original certificate of title or other document under applicable law evidencing the security interest of the Seller Aegis Finance in the Financed Vehicle not so delivered on the Sale Closing Date or Funding Date, as the case may be, due to the fact that such certificate of title or other document has not yet been issued by a state title registration agency and delivered to the Seller as of such date, shall be delivered by the Seller to the Trustee Custodian within one hundred twenty (120) days after the Sale Closing Date or the applicable Funding Date, as the case may be, or such later date (not exceeding another 120 days thereafter) permitted by the related Pooling and Servicing Agreementin accordance with Section 3.03(a); provided, further, that failure to so deliver any original certificate of title or other document evidencing the security interest of the Seller Aegis Finance in the Financed Vehicle to the Trustee shall be deemed to be a breach by the Seller of its representations and warranties contained in this Section 3.01, and such occurrence shall constitute a breach pursuant to Section 7.02 herein3.02.

Appears in 2 contracts

Samples: Master Trust Agreement (Aegis Consumer Funding Group Inc), Master Trust Agreement (Aegis Consumer Funding Group Inc)

Evidence of Security Interest. Within 10 days after each Sale On the Closing Date, the Seller shall deliver or cause to be delivered to the Trustee, as Custodian, Custodian or the Temporary Agent (A) an original certificate of title or (B) if the applicable state title registration agency does not deliver certificates of title to lienholders, such other document delivered to the Seller by the under applicable state title registration agency laws evidencing the security interest of the Seller Aegis Finance in the Financed Vehicle, or (C) a guarantee of title or a copy of an application for title if no certificate of title or other evidence of the security interest in the Financed Vehicle has yet been issued, for each Financed Vehicle relating to each Receivable sold, transferred, assigned and conveyed hereunder; provided, however, that any original certificate of title or other document under applicable law evidencing the security interest of the Seller Aegis Finance in the Financed Vehicle not so delivered on the Sale Closing Date, due to the fact that such certificate of title or other document has not yet been issued by a state title registration agency and delivered to the Seller as of such date, shall be delivered by the Seller to the Trustee Custodian within one hundred twenty fifty (120150) days after the Sale Date Closing Date, or such later date (not exceeding another 120 days thereafter) permitted by the related Pooling and Servicing AgreementMajority Certificateholders (or, if the Certificates have been rated, by each Rating Agency) in accordance with Section 3.03(a); provided, further, that failure to so deliver any original certificate of title or other document evidencing the security interest of the Seller Aegis Finance in the Financed Vehicle to the Trustee shall be deemed to be a breach by the Seller of its representations and warranties contained in this Section 3.01, and such occurrence shall constitute a breach pursuant to Section 7.02 herein3.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aegis Consumer Funding Group Inc)

Evidence of Security Interest. Within 10 days after On the Closing Date (in the case of the Initial Receivables) and the applicable Funding Date (in the case of each Sale DateAdditional Receivable), the Seller shall deliver or cause to be delivered to the Trustee, as Custodian, (A) an original certificate of title or (B) if the applicable state title registration agency does not deliver certificates of title to lienholders, such other document delivered to the Seller by the state title registration agency evidencing the security interest of the Seller in the Financed Vehicle, or (C) a guarantee of title or a copy of an application for title if no certificate of title or other evidence of the security interest in the Financed Vehicle has yet been issued, for each Financed Vehicle relating to each Receivable sold, transferred, assigned and conveyed hereunder; provided, however, that any original certificate of title or other document evidencing the security interest of the Seller in the Financed Vehicle not so delivered on the Sale Closing Date or the Funding Date, as the case may be, due to the fact that such title or other document has not yet been issued by a state title registration agency and delivered to the Seller as of such date, shall be delivered by the Seller to the Trustee within one hundred twenty (120) days after the Sale Closing Date or Funding Date, as the case may be, or such later date (not exceeding another 120 days thereafter) permitted by the related Rating Agencies in accordance with Section 3.03(a) of the Pooling and Servicing Agreement; provided, further, that failure to so deliver any original certificate of title or other document evidencing the security interest of the Seller in the Financed Vehicle to the Trustee shall be deemed to be a breach by the Seller of its representations and warranties contained in this Section 3.01, and such occurrence shall constitute a breach pursuant to Section 7.02 herein.

Appears in 1 contract

Samples: Purchase Agreement (Aegis Consumer Funding Group Inc)

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Evidence of Security Interest. Within 10 days after each Sale On the Closing Date, the Seller shall deliver or cause to be delivered to the Trustee, as Custodian, (A) an original certificate of title or (B) if the applicable state title registration agency does not deliver certificates of title to lienholders, such other document delivered to the Seller by the state title registration agency evidencing the security interest of the Seller in the Financed Vehicle, or (C) a guarantee of title or a copy of an application for title if no certificate of title or other evidence of the security interest in the Financed Vehicle has yet been issued, for each Financed Vehicle relating to each Receivable sold, transferred, assigned and conveyed hereunder; provided, however, that any original certificate of title or other document evidencing the security interest of the Seller in the Financed Vehicle not so delivered on the Sale Closing Date, due to the fact that such title or other document has not yet been issued by a state title registration agency and delivered to the Seller as of such date, shall be delivered by the Seller to the Trustee within one hundred twenty fifty (120150) days after the Sale Closing Date or such later date (not exceeding another 120 days thereafter) permitted by the related Majority Certificateholders (or, if the Certificates have been rated, by each Rating Agency) in accordance with Section 3.03(a) of the Pooling and Servicing Agreement; provided, further, that failure to so deliver any original certificate of title or other document evidencing the security interest of the Seller in the Financed Vehicle to the Trustee shall be deemed to be a breach by the Seller of its representations and warranties contained in this Section 3.01, and such occurrence shall constitute a breach pursuant to Section 7.02 herein.

Appears in 1 contract

Samples: Purchase Agreement (Aegis Consumer Funding Group Inc)

Evidence of Security Interest. Within 10 days after On the Closing Date (in the case of the Initial Receivables) and the applicable Funding Date (in the case of each Sale DateAdditional Receivable), the Seller shall deliver or cause to be delivered to the Trustee, as Custodian, Custodian (A) an original certificate of title or (B) if the applicable state title registration agency does not deliver certificates of title to lienholders, such other document delivered to the Seller by the under applicable state title registration agency laws evidencing the security interest of the Seller Aegis Finance in the Financed Vehicle, or (C) a guarantee of title or a copy of an application for title if no certificate of title or other evidence of the security interest in the Financed Vehicle has yet been issued, for each Financed Vehicle relating to each Receivable sold, transferred, assigned and conveyed hereunder; provided, however, that any original certificate of title or other document under applicable law evidencing the security interest of the Seller Aegis Finance in the Financed Vehicle not so delivered on the Sale Closing Date or Funding Date, as the case may be, due to the fact that such certificate of title or other document has not yet been issued by a state title registration agency and delivered to the Seller as of such date, shall be delivered by the Seller to the Trustee Custodian within one hundred twenty (120) days after the Sale Closing Date or the applicable Funding Date, as the case may be, or such later date (not exceeding another 120 days thereafter) permitted by the related Pooling and Servicing AgreementRating Agencies in accordance with Section 3.03(a); provided, further, that failure to so deliver any original certificate of title or other document evidencing the security interest of the Seller Aegis Finance in the Financed Vehicle to the Trustee shall be deemed to be a breach by the Seller of its representations and warranties contained in this Section 3.01, and such occurrence shall constitute a breach pursuant to Section 7.02 herein3.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aegis Consumer Funding Group Inc)

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