Perfection. 6. The Bank has submitted or will have caused to be submitted, on the effective date of this Agreement, the filing of all appropriate financing statements in the proper filing office in the appropriate jurisdictions under applicable law in order to perfect the sale of the Receivables from the Bank to XXXX and the security interest in the Receivables granted to XXXX hereunder; and the Servicer, in its capacity as custodian, has in its possession the original copies of such instruments or tangible chattel paper that constitute or evidence the Receivables, and all financing statements referred to in this paragraph contain a statement that: “A purchase of or security interest in any collateral described in this financing statement will violate the rights of the Secured Party/Purchaser”.
Appears in 19 contracts
Samples: Purchase Agreement (Capital One Prime Auto Receivables Trust 2022-2), Purchase Agreement (Capital One Prime Auto Receivables Trust 2023-2), Purchase Agreement (Capital One Prime Auto Receivables Trust 2023-2)
Perfection. 6. The Bank Seller has submitted or will have caused to be submitted, on the effective date of this Agreement, the filing of all appropriate financing statements in the proper filing office in the appropriate jurisdictions under applicable law in order to perfect the sale of the Receivables from the Bank Seller to XXXX the Issuer and the security interest in the Receivables granted to XXXX the Issuer hereunder; and the Servicer, in its capacity as custodian, has in its possession the original copies of such instruments or tangible chattel paper that constitute or evidence the Receivables, and all financing statements referred to in this paragraph contain a statement that: “A purchase of or security interest in any collateral described in this financing statement will violate the rights of the Secured Party/Purchaser”.
Appears in 18 contracts
Samples: Sale Agreement (Capital One Prime Auto Receivables Trust 2023-2), Sale Agreement (Capital One Prime Auto Receivables Trust 2023-2), Sale Agreement (Capital One Prime Auto Receivables Trust 2023-1)
Perfection. 6. The Bank has submitted or will have caused to be submitted, on the effective date of this Agreement, the filing of all appropriate financing statements in the proper filing office in the appropriate jurisdictions under applicable law in order to perfect the sale of the Receivables from the Bank to XXXX FTH LLC and the security interest in the Receivables granted to XXXX FTH LLC hereunder; and the Servicer, in its capacity as custodian, has in its possession the original copies of such instruments or tangible chattel paper that constitute or evidence the Receivables, and all financing statements referred to in this paragraph contain a statement that: “A purchase of or security interest in any collateral described in this financing statement will violate the rights of the Secured Party/Purchaser.”.
Appears in 9 contracts
Samples: Receivables Sale Agreement (Fifth Third Auto Trust 2023-1), Receivables Sale Agreement (Fifth Third Auto Trust 2023-1), Receivables Sale Agreement (Fifth Third Holdings Funding, LLC)
Perfection. 6. The Bank Seller has submitted or will have caused to be submittedsubmitted on, on the effective date of this Agreement, the filing of all appropriate financing statements in the proper filing office in the appropriate jurisdictions under applicable law in order to perfect the sale of the Receivables from the Bank Seller to XXXX the Issuer and the security interest in the Receivables granted to XXXX the Issuer hereunder; and the Servicer, in its capacity as custodian, has in its possession the original copies of such instruments or tangible chattel paper that constitute or evidence the Receivables, and all financing statements referred to in this paragraph contain a statement that: “A purchase of or security interest in any collateral described in this financing statement will violate the rights of the Secured Party/Purchaser”.
Appears in 7 contracts
Samples: Sale Agreement (Fifth Third Auto Trust 2023-1), Sale Agreement (Fifth Third Auto Trust 2023-1), Sale Agreement (Fifth Third Holdings Funding, LLC)
Perfection. 6. The Bank has submitted or will have caused to be submitted, on the effective date of this Agreement, the filing of all appropriate financing statements in the proper filing office in the appropriate jurisdictions under applicable law in order to perfect the sale of the Receivables from the Bank to XXXX the Depositor and the security interest in the Receivables granted to XXXX the Depositor hereunder; and the Servicer, in its capacity as custodian, has in its possession the original copies of such instruments or tangible chattel paper that constitute or evidence the Receivables, and all financing statements referred to in this paragraph contain a statement that: “A purchase of or security interest in any collateral described in this financing statement will violate the rights of the Secured Party/Purchaser.”.
Appears in 7 contracts
Samples: Receivables Sale Agreement (Huntington Auto Trust 2016-1), Receivables Sale Agreement (Huntington Auto Trust 2016-1), Form Of (Huntington Funding, LLC)
Perfection. 6. The Bank Issuer has submitted caused or will have caused to be submittedcaused, on by the effective date of this Agreementthe Indenture, the filing of all appropriate financing statements in the proper filing office in the appropriate jurisdictions under applicable law Law in order to perfect the sale of the Receivables Contracts and Related Rights from the Bank Seller to XXXX the Issuer, and the security interest in the Receivables Trust Estate granted to XXXX the Trustee hereunder; and the Servicer, in its capacity as custodian, Servicer or the Custodian has in its possession the original copies of such instruments or tangible chattel paper that constitute or evidence the Receivables, and all financing statements referred to in this paragraph contain or will contain when filed a statement that: “A purchase of or security interest in any collateral described in this financing statement will violate the rights of the Secured Party/Purchasersecured party.”.
Appears in 1 contract
Samples: Oportun Financial Corp