Common use of Reassignment of Purchased Receivables Clause in Contracts

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller in order to assign to Seller all of Purchaser’s and the Issuer’s right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of Seller, take such steps as Seller deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s or in the Issuer’s name.

Appears in 190 contracts

Samples: Purchase Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3), Purchase Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3), Purchase Agreement (AmeriCredit Automobile Receivables Trust 2024-1)

AutoNDA by SimpleDocs

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller in order to assign to Seller all of Purchaser’s 's and the Issuer’s 's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of Seller, take such steps as Seller deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 16 contracts

Samples: Purchase Agreement (Americredit Automobile Receivable Trust 2005-D-A), Purchase Agreement (Americredit Automobile Receivables Trust 2003-B-X), Purchase Agreement (Americredit Financial Services Inc)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller AFL under Section 5.1 hereof5.1, Purchaser ARFC and the Issuer Owner Trustee shall take such steps as may be reasonably requested by Seller AFL in order to assign to Seller AFL all of Purchaser’s ARFC's and the Issuer’s Trust's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser ARFC and the Issuer Trust directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of Purchaser ARFC or the IssuerOwner Trustee. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller AFL may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser ARFC and the Issuer Owner Trustee shall, at the expense of SellerAFL, take such steps as Seller AFL deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s ARFC's or in the Issuer’s Owner Trustee's name.

Appears in 12 contracts

Samples: Receivables Purchase Agreement and Assignment (Arcadia Receivables Finance Corp), Receivables Purchase Agreement and Assignment (Arcadia Receivables Finance Corp), Receivables Purchase Agreement and Assignment (Arcadia Receivables Finance Corp)

Reassignment of Purchased Receivables. Upon deposit in ------------------------------------- the Collection Account of the Purchase Amount of any Receivable repurchased by Seller AFS under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller AFS in order to assign to Seller AFS all of Purchaser’s 's and the Issuer’s 's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller AFS may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of SellerAFS, take such steps as Seller AFS deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 5 contracts

Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller in order to assign to Seller all of Purchaser’s 's and the Issuer’s 's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of Seller, take such steps as Seller deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 4 contracts

Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller AFS under Section 5.1 hereofhereof or Section 2.7 of the Servicing and Custodian Agreement, Purchaser and the Issuer (at AFS’s expense) shall take such steps as may be reasonably requested by Seller AFS in order to assign to Seller AFS all of Purchaser’s and the IssuerCollateral Agent’s right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer Collateral Agent directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens created by or arising as a result of actions of Purchaser or the IssuerCollateral Agent. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller AFS may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer Collateral Agent shall, at the expense of SellerAFS, take such steps as Seller AFS deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s or in the IssuerCollateral Agent’s name.

Appears in 3 contracts

Samples: Receivables Purchase Agreement, Master Receivables Purchase Agreement (Americredit Corp), Purchase Agreement (Americredit Corp)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller OFL under Section 5.1 hereof5.1, Purchaser ORFC and the Issuer Owner Trustee shall take such steps as may be reasonably requested by Seller OFL in order to assign to Seller OFL all of Purchaser’s ORFC's and the Issuer’s Trust's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser ORFC and the Issuer Trust directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of Purchaser ORFC or the IssuerOwner Trustee. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller OFL may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser ORFC and the Issuer Owner Trustee shall, at the expense of SellerOFL, take such steps as Seller OFL deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s ORFC's or in the Issuer’s nameOwner Trustee's name or the names of the Certificateholders.

Appears in 2 contracts

Samples: Receivables Purchase Agreement and Assignment (Olympic Receivables Finance Corp), Receivables Purchase Agreement and Assignment (Olympic Receivables Finance Corp)

Reassignment of Purchased Receivables. Upon deposit in the ------------------------------------- Collection Account of the Purchase Amount of any Receivable repurchased by Seller AFS under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller AFS in order to assign to Seller AFS all of Purchaser’s 's and the Issuer’s 's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller AFS may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of SellerAFS, take such steps as Seller AFS deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 2 contracts

Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc)

Reassignment of Purchased Receivables. Upon deposit in the ------------------------------------- Collection Account of the Purchase Amount of any Receivable repurchased by Seller AFS under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller AFS in order to assign to Seller AFS all of Purchaser’s 's and the Issuer’s 's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller AFS may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of SellerAFS, take such steps as Seller AFS deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 2 contracts

Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of price paid to the Purchaser for any Receivable repurchased by the Seller under Section 5.1 hereof6.1, the Purchaser shall (and shall request the Issuer shall Agent to) take such steps as may be reasonably requested by the Seller in order to assign to the Seller all of the Purchaser’s 's and the Issuer’s Agent's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to the Purchaser and the Issuer Agent directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of the Purchaser or the IssuerAgent. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that the Seller may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, the Purchaser and the Issuer shall, at the expense of the Seller, take such steps as Seller the Seller, deems reasonably necessary to enforce the Receivable, including bringing suit in the Purchaser’s or in the Issuer’s 's name.

Appears in 2 contracts

Samples: Purchase and Contribution Agreement (Silverleaf Resorts Inc), Purchase Agreement (Equivest Finance Inc)

Reassignment of Purchased Receivables. Upon deposit in the ------------------------------------------ Collection Account of the Purchase Amount of any Receivable repurchased by Seller AFS under Section 5.1 hereof, Purchaser and the Issuer (at AFS's expense) shall take such steps as may be reasonably requested by Seller AFS in order to assign to Seller AFS all of Purchaser’s 's and the Issuer’s Collateral Agent's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer Collateral Agent directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens created by or arising as a result of actions of Purchaser or the IssuerCollateral Agent. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller AFS may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer Collateral Agent shall, at the expense of SellerAFS, take such steps as Seller AFS deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s Collateral Agent's name.

Appears in 1 contract

Samples: Master Receivables Purchase Agreement (Americredit Financial Services of Canada LTD)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller in order to assign sell, assign, convey and otherwise transfer to Seller all of Purchaser’s and the Issuer’s right, title and interest of each of Purchaser and the Issuer in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and or the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of Seller, take such steps as Seller deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 1 contract

Samples: Purchase Agreement (Advanta Automobile Receivables 1998-1)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account remittance of the Purchase Amount of any Receivable repurchased by Seller under Section 5.1 hereofto Purchaser, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller in order to assign to Seller all of Purchaser’s and the Issuer’s right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer directly relating theretoPurchaser, without recourse, representation or warranty, except as to the absence of Liens created by or arising as a result of actions of Purchaser or the IssuerPurchaser. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of Seller, take such steps as Seller deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s or in the Issuer’s name.. Purchase and Servicing Agreement

Appears in 1 contract

Samples: Purchase and Servicing Agreement (Welund Fund Inc)

Reassignment of Purchased Receivables. Upon deposit in ------------------------------------- the Collection Account of the Purchase Amount of any Receivable repurchased by Seller under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller in order to assign sell, assign, convey and otherwise transfer to Seller all of Purchaser’s and the Issuer’s right, title and interest of each of Purchaser and the Issuer in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and or the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of Seller, take such steps as Seller deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 1 contract

Samples: Purchase Agreement (TFC Enterprises Inc)

AutoNDA by SimpleDocs

Reassignment of Purchased Receivables. Upon deposit in the ------------------------------------- Collection Account of the Purchase Amount of any Receivable repurchased by Seller Originator under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller Originator in order to assign sell, assign, convey and otherwise transfer to Seller Originator all of Purchaser’s and the Issuer’s right, title and interest of each of Purchaser and the Issuer in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and or the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, proceeding it is held that Seller Originator may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of SellerOriginator, take such steps as Seller Originator deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 1 contract

Samples: Purchase Agreement (TFC Enterprises Inc)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller Originator under Section 5.1 hereof5.1, Purchaser and the Issuer shall will take such steps as may be reasonably requested by Seller Originator in order to assign to Seller Originator all of Purchaser’s and the Issuer’s 's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Purchased Property conveyed to Purchaser and the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall will be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller Originator may not enforce any such Receivable on the ground that it shall will not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shallwill, at the expense of SellerOriginator, take such steps as Seller Originator deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s or in the Issuer’s 's name.

Appears in 1 contract

Samples: Purchase Agreement (Bond Securitization LLC)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller 16 Purchase Agreement Originator under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller Originator in order to assign sell, assign, convey and otherwise transfer to Seller Originator all of Purchaser’s and the Issuer’s right, title and interest of each of Purchaser and the Issuer in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and or the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, proceeding it is held that Seller Originator may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of SellerOriginator, take such steps as Seller Originator deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 1 contract

Samples: Purchase Agreement (TFC Enterprises Inc)

Reassignment of Purchased Receivables. Upon deposit in the ------------------------------------- Collection Account of the Purchase Amount of any Receivable repurchased by Seller under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller in order to assign sell, assign, convey and otherwise transfer to Seller all of Purchaser’s and the Issuer’s right, title and interest of each of Purchaser and the Issuer in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and or the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of Seller, take such steps as Seller deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 1 contract

Samples: Purchase Agreement (TFC Enterprises Inc)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller AFS under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller AFS in order to assign to Seller AFS all of Purchaser’s 's and the Issuer’s 's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller AFS may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of SellerAFS, take such steps as Seller AFS deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 1 contract

Samples: Purchase Agreement (Americredit Financial Services Inc)

Reassignment of Purchased Receivables. Upon ------------------------------------- deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller in order to assign sell, assign, convey and otherwise transfer to Seller all of Purchaser’s and the Issuer’s right, title and interest of each of Purchaser and the Issuer in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and or the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of Seller, take such steps as Seller deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 1 contract

Samples: Purchase Agreement (TFC Enterprises Inc)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller AFS under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller AFS in order to assign to Seller AFS all of Purchaser’s 's and the Issuer’s 's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens liens, charges or encumbrances created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller AFS may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of SellerAFS, take such steps as Seller AFS deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 1 contract

Samples: Purchase Agreement (Americredit Financial Services Inc)

Reassignment of Purchased Receivables. Upon ------------------------------------- deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Seller AFS under Section 5.1 hereof, Purchaser and the Issuer shall take such steps as may be reasonably requested by Seller AFS in order to assign to Seller AFS all of Purchaser’s 's and the Issuer’s 's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to Purchaser and the Issuer directly relating thereto, without recourse, representation or warranty, except as to the absence of Liens created by or arising as a result of actions of Purchaser or the Issuer. Such assignment shall be a sale and assignment outright, and not for security. If, following the reassignment of a Purchased Receivable, in any enforcement suit or legal proceeding, it is held that Seller AFS may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, Purchaser and the Issuer shall, at the expense of SellerAFS, take such steps as Seller AFS deems reasonably necessary to enforce the Receivable, including bringing suit in Purchaser’s 's or in the Issuer’s 's name.

Appears in 1 contract

Samples: Purchase Agreement (Americredit Financial Services Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!