Common use of Original Contract Clause in Contracts

Original Contract. The Depositor (or its custodian, on its behalf) has in its possession all original copies of the Contracts that constitute or evidence the Receivables (or, in the case of each Receivable constituting electronic chattel paper the custodian has “control” (as such term is used in Section 9-105 of the UCC) over the “authoritative copy” (as such term is used in Section 9-105 of the UCC) of each such Receivable). The Depositor has in its possession all original copies of any written amendment to any Receivable constituting tangible chattel paper or electronic chattel paper. The Contracts that constitute or evidence the Receivables do not have any marks or notations indicating that they have been pledged, assigned or otherwise conveyed to any Person other than the Issuer. All financing statements filed or to be filed against the Depositor in favor of the Issuer in connection herewith describing the Receivables contain a statement to the following effect: “A purchase of or security interest in any collateral described in this financing statement will violate the rights of the Issuer.”

Appears in 4 contracts

Samples: Sale and Servicing Agreement (BMW Fs Securities LLC), Sale and Servicing Agreement (BMW Fs Securities LLC), Sale and Servicing Agreement (BMW Fs Securities LLC)

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Original Contract. The Depositor (or its custodian, on its behalf) has in its possession all original copies of the Contracts that constitute or evidence the Receivables (or, in the case of each Receivable constituting electronic chattel paper the custodian has "control" (as such term is used in Section 9-105 of the UCC) over the "authoritative copy" (as such term is used in Section 9-105 of the UCC) of each such Receivable). The Depositor has in its possession all original copies of any written amendment to any Receivable constituting tangible chattel paper or electronic chattel paper. The Contracts that constitute or evidence the Receivables do not have any marks or notations indicating that they have been pledged, assigned or otherwise conveyed to any Person other than the Issuer. All financing statements filed or to be filed against the Depositor in favor of the Issuer in connection herewith describing the Receivables contain a statement to the following effect: "A purchase of or security interest in any collateral described in this financing statement will violate the rights of the Issuer."

Appears in 1 contract

Samples: Sale and Servicing Agreement (BMW Fs Securities LLC)

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