Common use of Protection of Right Title and Interest Clause in Contracts

Protection of Right Title and Interest. (a) The Company shall not change its name, identity, or corporate structure in any manner that would, could, or might make any UCC financing statement or continuation statement filed by the Contributor in accordance with Section 1.01(c) of the Contribution and Servicing Agreement seriously misleading within the meaning of Section 9-506 of the UCC, unless it shall have given the Issuer at least thirty (30) days' prior written notice thereof and shall promptly file appropriate amendments to all previously filed UCC financing statements or continuation statements. (b) If at any time the Company shall propose to sell, grant a security interest in or otherwise transfer any interest in contracts to any prospective lender, or other transferee, the Company shall give to such prospective lender, or other transferee, computer tapes, records, or print-outs (including any restored from archives)that, if they shall refer in any manner whatsoever to any Contract, shall indicate clearly that all right, title and interest in such Contract (other than the Company's Retained Interest) have been sold to the Issuer and pledged by the Issuer to the Trustee for the benefit of the Noteholders and the Swap Provider. (c) The Company shall not amend its certificate of incorporation without the prior written consent of the Rating Agencies.

Appears in 2 contracts

Samples: Subsequent Contract Transfer Agreement (Dvi Receivables Corp Viii), Subsequent Contract Transfer Agreement (Dvi Receivables Corp Viii)

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Protection of Right Title and Interest. (a) The Company shall not change its name, identity, or corporate structure in any manner that would, could, or might make any UCC financing statement or continuation statement filed by the Contributor in accordance with Section 1.01(c1.01(d) of the Contribution and Servicing Agreement seriously misleading within the meaning of Section 9-506 of the UCC, unless it shall have given the Issuer at least thirty (30) days' prior written notice thereof and shall promptly file appropriate amendments to all previously filed UCC financing statements or continuation statements. (b) If at any time the Company shall propose to sell, grant a security interest in or otherwise transfer any interest in contracts to any prospective lender, or other transferee, the Company shall give to such prospective lender, or other transferee, computer tapes, records, or print-outs (including any restored from archives)that, if they shall refer in any manner whatsoever to any Contract, shall indicate clearly that all right, title and interest in such Contract (other than the Company's Retained Interest) have been sold to the Issuer and pledged by the Issuer to the Trustee for the benefit of the Noteholders and the Swap ProviderNoteholders. (c) The Company shall not amend its certificate of incorporation without the prior written consent of the Rating Agencies.

Appears in 1 contract

Samples: Subsequent Contract Transfer Agreement (Dvi Receivables Corp Viii)

Protection of Right Title and Interest. (a) The Company shall not change its name, identity, or corporate structure in any manner that would, could, or might make any UCC financing statement or continuation statement filed by the Contributor in accordance with Section 1.01(c) of the Contribution and Servicing Agreement seriously misleading within the meaning of Section 9-506 of the UCC, unless it shall have given the Issuer and the Trustee at least thirty (30) days' prior written notice thereof and shall promptly file appropriate amendments to all previously filed UCC financing statements or continuation statements. (b) If at any time the Company shall propose to sell, grant a security interest in or otherwise transfer any interest in contracts to any prospective lender, or other transferee, the Company shall give to such prospective lender, or other transferee, computer tapes, records, or print-outs (including any restored from archives)thatarchives) that, if they shall refer in any manner whatsoever to any Contract, shall indicate clearly that all right, title and interest in such Contract (other than the Company's Retained Interest) have been sold to the Issuer and pledged by the Issuer to the Trustee for the benefit of the Noteholders and the Swap ProviderProviders. (c) The Company shall not amend its certificate of incorporation without the prior unless it shall have received a written consent of confirmation from the Rating AgenciesAgencies stating that such amendment will not result in a Ratings Effect with respect to any class of Notes.

Appears in 1 contract

Samples: Subsequent Contract Transfer Agreement (Dvi Receivables Corp Viii)

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Protection of Right Title and Interest. (a) The Company shall not change its name, identity, or corporate structure in any manner that would, could, or might make any UCC financing statement or continuation statement filed by the Contributor in accordance with Section 1.01(c1.01(d) of the Amended and Restated Contribution and Servicing Agreement seriously misleading within the meaning of Section ss. 9-506 402(7) of the UCC, unless it shall have given the Issuer at least thirty (30) days' prior written notice thereof and shall promptly file appropriate amendments to all previously filed UCC financing statements or continuation statements. (b) If at any time the Company shall propose to sell, grant a security interest in in, or otherwise transfer any interest in contracts to any prospective lender, or other transferee, the Company shall give to such prospective lender, or other transferee, transferee computer tapes, records, or print-outs (including any restored from archives)thatarchives) that, if they shall refer in any manner whatsoever to any Contract, shall indicate clearly that all right, title and interest in such Contract (other than the Company's Retained Interest) have been sold to the Issuer and pledged by the Issuer to the Trustee for the benefit of the Noteholders and the Swap ProviderNoteholders. (c) The Company shall not amend its certificate of incorporation without the prior written consent of the Rating Agencies.

Appears in 1 contract

Samples: Subsequent Contract Transfer Agreement (Dvi Receivables Corp Viii)

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