Common use of Perfection of Security Interest in Financed Vehicle Clause in Contracts

Perfection of Security Interest in Financed Vehicle. If such Receivable was originated in a state in which notation of a security interest on the certificate of title is required or permitted to perfect the security interest in the related Financed Vehicle, the certificate of title for such Financed Vehicle shows the Seller as the sole holder of a security interest in such Financed Vehicle. If such Receivable was originated in a state in which the filing of a financing statement under the UCC is required to perfect a security interest in the related Financed Vehicle, such filings have been duly made and show the Seller as the sole holder of a first priority security interest in such Financed Vehicle, and in either case the Purchaser following purchase of the Receivable has the same rights as the Seller has or would have (if the Seller were still the owner of a Receivable) against the Obligor and all creditors of the Obligor claiming an interest in such Financed Vehicle.

Appears in 3 contracts

Samples: Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb1), Purchase and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2003-Hb1)

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Perfection of Security Interest in Financed Vehicle. If such Receivable was originated in a state in which notation of a security interest on the certificate of title is required or permitted in order to perfect the security interest in the related Financed Vehicle, the certificate of title for such Financed Vehicle shows the Seller as the sole holder of a security interest in such Financed Vehicle. If such Receivable was originated in a state in which the filing of a financing statement is required under the UCC is required to perfect a security interest in the related Financed Vehicle, such filings have been duly made and show the Seller as the sole holder of a first priority security interest in such Financed Vehicle, and in either case the Purchaser following purchase of the Receivable has the same rights as the Seller has or would have (if the Seller were still the owner of a such Receivable) against the Obligor and all creditors of the Obligor claiming an interest in such Financed Vehicle.

Appears in 1 contract

Samples: Flow Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb2)

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