Common use of Release by BMO Clause in Contracts

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Xxxxx Fargo Warehouse Loans, Fifth Third Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

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Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2017-3 Loans, the 2017-2 Loans, the 2017-1 Loans, the 20122016-3 Loans, the 2016-2 Loans, the 20122016-1 Loans, the 20112015-1 2 Loans, the 20102015-1 Loans, Loans or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Warehouse Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ik)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2017-3 Loans, the 2017-2 Loans, the 2017-1 Loans, the 20122016-3 Loans, the 2016-2 Loans, the 20122016-1 Loans, the 20112015-1 2 Loans, 2010the 2015-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Wxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ig)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Xxxxx Wxxxx Fargo Warehouse Loans, Fifth Third Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2017-1 Loans, the 20122016-3 Loans, the 2016-2 Loans, the 20122016-1 Loans, the 20112015-2 Loans, the 2015-1 Loans, the 20102014-2 Loans, the 2014-1 Loans, Loans or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Warehouse Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ik)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2017-1 Loans, the 20122016-3 Loans, the 2016-2 Loans, the 20122016-1 Loans, the 20112015-2 Loans, the 2015-1 Loans, 2010the 2014-2 Loans, the 2014-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2015-2 Loans, the 2015-1 Loans, the 20122014-2 Loans, the 20122014-1 Loans, the 20112013-1 2 Loans, the 20102013-1 Loans, Loans or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Warehouse Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ii)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2015-2 Loans, the 2015-1 Loans, the 20122014-2 Loans, the 20122014-1 Loans, the 20112013-1 2 Loans, 2010the 2013-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Wxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2014-1 Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ii)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Xxxxx Wxxxx Fargo Warehouse Loans, Fifth Third Loans, the 2014-1 Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2017-2 Loans, the 2017-1 Loans, the 20122016-3 Loans, the 2016-2 Loans, the 20122016-1 Loans, the 20112015-2 Loans, the 2015-1 Loans, the 20102014-1 Loans, 2 Loans or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Warehouse Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ik)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2017-2 Loans, the 2017-1 Loans, the 20122016-3 Loans, the 2016-2 Loans, the 20122016-1 Loans, the 20112015-2 Loans, the 2015-1 Loans, 2010the 2014-1 2 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the Credit Suisse Warehouse Loans, the 2018-2 Loans, the 2018-1 Loans, the 20122017-3 Loans, the 2017-2 Loans, the 20122017-1 Loans, the 20112016-3 Loans, the 2016-2 Loans, the 2016-1 Loans, the 20102015-1 Loans, 2 Loans or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Warehouse Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(il)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the Credit Suisse Warehouse Loans, the 2018-2 Loans, the 2018-1 Loans, the 20122017-3 Loans, the 2017-2 Loans, the 20122017-1 Loans, the 20112016-3 Loans, the 2016-2 Loans, the 2016-1 Loans, 2010the 2015-1 2 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2016-2 Loans, the 2016-1 Loans, the 20122015-2 Loans, the 20122015-1 Loans, the 20112014-2 Loans, the 2014-1 Loans, the 20102013-1 Loans, 2 Loans or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Warehouse Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ij)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2016-2 Loans, the 2016-1 Loans, the 20122015-2 Loans, the 20122015-1 Loans, the 20112014-2 Loans, the 2014-1 Loans, 2010the 2013-1 2 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 20132010-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 20102009-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ie)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Xxxxx Fargo Warehouse Loans, Fifth Third Loans, the 20132010-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 20102009-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2016-3 Loans, the 2016-2 Loans, the 2016-1 Loans, the 20122015-2 Loans, the 20122015-1 Loans, the 20112014-1 2 Loans, the 20102014-1 Loans, Loans or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Warehouse Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ij)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2016-3 Loans, the 2016-2 Loans, the 2016-1 Loans, the 20122015-2 Loans, the 20122015-1 Loans, the 20112014-1 2 Loans, 2010the 2014-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2015-1 Loans, the 2014-2 Loans, the 2014-1 Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ij)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Xxxxx Fargo Warehouse Loans, Fifth Third Loans, the 2015-1 Loans, the 2014-2 Loans, the 2014-1 Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 20132015-2 Loans, the 2015-1 Loans, the 20122014-2 Loans, the 20122014-1 Loans, the 20112013-1 2 Loans, the 20102013-1 Loans, Loans or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Warehouse Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ii)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 20132015-2 Loans, the 2015-1 Loans, the 20122014-2 Loans, the 20122014-1 Loans, the 20112013-1 2 Loans, 2010the 2013-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

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Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(if)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Xxxxx Fargo Warehouse Loans, Fifth Third Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the Credit Suisse Warehouse Loans, the 2018-1 Loans, the 20122017-3 Loans, the 2017-2 Loans, the 20122017-1 Loans, the 20112016-3 Loans, the 2016-2 Loans, the 2016-1 Loans, the 20102015-2 Loans, the 2015-1 Loans, Loans or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Warehouse Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(il)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the Credit Suisse Warehouse Loans, the 2018-1 Loans, the 20122017-3 Loans, the 2017-2 Loans, the 20122017-1 Loans, the 20112016-3 Loans, the 2016-2 Loans, the 2016-1 Loans, 2010the 2015-2 Loans, the 2015-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the Credit Suisse Warehouse Loans, the 2017-3 Loans, the 2017-2 Loans, the 2017-1 Loans, the 20122016-3 Loans, the 2016-2 Loans, the 20122016-1 Loans, the 20112015-1 2 Loans, the 20102015-1 Loans, Loans or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Warehouse Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ik)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the Credit Suisse Warehouse Loans, the 2017-3 Loans, the 2017-2 Loans, the 2017-1 Loans, the 20122016-3 Loans, the 2016-2 Loans, the 20122016-1 Loans, the 20112015-1 2 Loans, 2010the 2015-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Wxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-1 Loans, the 2009-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(if)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Xxxxx Wxxxx Fargo Warehouse Loans, Fifth Third Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 2010-1 Loans, 2009-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Wxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Xxxxx Wxxxx Fargo Warehouse Loans, Fifth Third Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2014-2 Loans, the 2014-1 Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ii)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Xxxxx Fargo Warehouse Loans, Fifth Third Loans, the 2014-2 Loans, the 2014-1 Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2016-1 Loans, the 20122015-2 Loans, the 20122015-1 Loans, the 20112014-2 Loans, the 2014-1 Loans, the 20102013-2 Loans, the 2013-1 Loans, Loans or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Warehouse Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (h)(ij)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the 2013Flagstar Warehouse Loans, the 2016-1 Loans, the 20122015-2 Loans, the 20122015-1 Loans, the 20112014-2 Loans, the 2014-1 Loans, 2010the 2013-2 Loans, the 2013-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Credit Acceptance Corp)

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