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 Arcadia under SECTION 5.1, ARFC IV and the Collateral Agent on behalf of the Secured Parties shall take such steps as may be reasonably requested by Arcadia in order to assign to Arcadia all of ARFC IV's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to ARFC IV directly relating thereto, and to release the Collateral Agent's security interest therein, without recourse, representation or warranty, except as to the absence of liens, charges or encumbrances created by or arising as a result of actions of ARFC IV. 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 Arcadia 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, ARFC IV shall, at the expense of Arcadia, take such steps as Arcadia deems reasonably necessary to enforce the Receivable, including bringing suit in ARFC IV's name.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Arcadia Financial LTD)

AutoNDA by SimpleDocs

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Arcadia OFL under SECTION Section 5.1, ARFC IV ORFC II and the Collateral Agent on behalf of the Secured Parties Owner Trustee shall take such steps as may be reasonably requested by Arcadia OFL in order to assign to Arcadia OFL all of ARFC IVORFC II's and the Trust's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to ARFC IV ORFC II and the Trust directly relating thereto, and to release the Collateral Agent's security interest therein, without recourse, representation or warranty, except as to the absence of liens, charges or encumbrances created by or arising as a result of actions of ARFC IVORFC II or the Owner 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 Arcadia 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, ARFC IV ORFC II and the Owner Trustee shall, at the expense of ArcadiaOFL, take such steps as Arcadia OFL deems reasonably necessary to enforce the Receivable, including bringing suit in ARFC IVORFC II's nameor the Owner Trustee's name or the names of the Certificateholders.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Olympic Financial LTD)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Arcadia under SECTION 5.1, ARFC IV III and the Collateral Agent on behalf of the Secured Parties Investors shall take such steps as may be reasonably requested by Arcadia in order to assign to Arcadia all of ARFC IVIII's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to ARFC IV III directly relating thereto, and to release the Collateral Agent's security interest therein, without recourse, representation or warranty, except as to the absence of liens, charges or encumbrances created by or arising as a result of actions of ARFC IVIII. 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 Arcadia 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, ARFC IV III shall, at the expense of Arcadia, take such steps as Arcadia deems reasonably necessary to enforce the Receivable, including bringing suit in ARFC IVIII's name.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Arcadia Financial LTD)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of price paid to the Purchaser for any Receivable repurchased purchased by Arcadia LEAF under SECTION 5.1Section 6.1, ARFC IV the Purchaser shall (and shall request the Collateral Agent on behalf of the Secured Parties shall to) take such steps as may be reasonably requested by Arcadia LEAF in order to assign to Arcadia LEAF all of ARFC IV's the Purchaser’s and the Collateral Agent’s right, title and interest in and to such Receivable and all security and documents and all Related Security and Other Conveyed Property conveyed Conveyed to ARFC IV the Purchaser and the Collateral Agent directly relating thereto, and to release the Collateral Agent's security interest therein, without recourse, representation or warrantywarranty of any kind, except as to the absence of liens, charges or encumbrances created by or arising solely as a result of actions of ARFC IVthe Purchaser or the Collateral 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 Arcadia LEAF 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 such Receivable, ARFC IV the Purchaser shall, at the expense of ArcadiaLEAF, take such steps as Arcadia LEAF deems reasonably necessary to enforce the such Receivable, including bringing suit in ARFC IV's the Purchaser’s name.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Resource America Inc)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Arcadia AFL under SECTION Section 5.1, ARFC IV II and the Collateral Agent on behalf of the Secured Parties Owner Trustee shall take such steps as may be reasonably requested by Arcadia AFL in order to assign to Arcadia AFL all of ARFC IVII's and the Trust's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to ARFC IV II and the Trust directly relating thereto, and to release the Collateral Agent's security interest therein, without recourse, representation or warranty, except as to the absence of liens, charges or encumbrances created by or arising as a result of actions of ARFC IVII or the Owner 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 Arcadia 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, ARFC IV II and the Owner Trustee shall, at the expense of ArcadiaAFL, take such steps as Arcadia AFL deems reasonably necessary to enforce the Receivable, including bringing suit in ARFC IVII's nameor the Owner Trustee's name or the names of the Certificateholders.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Arcadia Financial LTD)

AutoNDA by SimpleDocs

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Arcadia OFL under SECTION Section 5.1, ARFC IV and the Collateral Agent on behalf of the Secured Parties ORFC shall take such steps as may be reasonably requested by Arcadia OFL in order to assign to Arcadia OFL all of ARFC IVORFC's and the relevant Assignee's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to ARFC IV ORFC and such Assignee directly relating thereto, and to release the Collateral Agent's security interest therein, without recourse, representation or warranty, except as to the absence of liens, charges or encumbrances created by or arising as a result of actions of ARFC IVORFC or such Assignee. 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 Arcadia 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, ARFC IV ORFC shall, at the expense of ArcadiaOFL, take such steps as Arcadia OFL deems reasonably necessary to enforce the Receivable, including bringing suit in ARFC IVORFC's nameor any such Assignee's name or any Collateral Agent's name or the name of a Trustee on behalf of its Holders.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Olympic Financial LTD)

Reassignment of Purchased Receivables. Upon deposit in the Collection Account of the Purchase Amount of any Receivable repurchased by Arcadia AFL under SECTION 5.1Section 5.01, ARFC IV and the Collateral Agent on behalf of the Secured Parties shall take such steps as may be reasonably requested by Arcadia AFL in order to assign to Arcadia AFL all of ARFC IVARFC's and the relevant Assignee's right, title and interest in and to such Receivable and all security and documents and all Other Conveyed Property conveyed to ARFC IV and such Assignee directly relating thereto, and to release the Collateral Agent's security interest therein, without recourse, representation or warranty, except as to the absence of liens, charges or encumbrances created by or arising as a result of actions of ARFC IVor such Assignee. 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 Arcadia 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, ARFC IV shall, at the expense of ArcadiaAFL, take such steps as Arcadia AFL deems reasonably necessary to enforce the Receivable, including bringing suit in ARFC IVARFC's nameor any such Assignee's name or any Collateral Agent's name or the name of a Trustee on behalf of its Holders.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Arcadia Financial LTD)

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