Common use of Release by Xxxxx Fargo Clause in Contracts

Release by Xxxxx Fargo. Xxxxx Fargo, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Fifth Third Loans, the BMO 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 Xxxxx Fargo 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 II to use Collections on its behalf contrary to clause (a)(i). Xxxxx Fargo, as collateral agent, agrees that the lien and security interest granted to it pursuant to the Xxxxx Fargo Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Fifth Third Loans, BMO 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 Xxxxx Fargo. Xxxxx Fargo, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Fifth Third Loans, the BMO 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 Xxxxx Fargo 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 II to use Collections on its behalf contrary to clause (a)(i). Xxxxx Fargo, as collateral agent, agrees that the lien and security interest granted to it pursuant to the Xxxxx Fargo Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Fifth Third Loans, BMO 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 Xxxxx Fargo. Xxxxx Fargo, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Fifth Third Loans, the BMO 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 Xxxxx Fargo 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 II to use Collections on its behalf contrary to clause (a)(i). Xxxxx Fargo, as collateral agent, agrees that the lien and security interest granted to it pursuant to the Xxxxx Fargo Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Fifth Third Loans, BMO 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: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)

Release by Xxxxx Fargo. Xxxxx Fargo, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Fifth Third Loans, the BMO Loans, the 20132010-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-2009- 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 Xxxxx Fargo 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 II to use Collections on its behalf contrary to clause (a)(i). Xxxxx Fargo, as collateral agent, agrees that the lien and security interest granted to it pursuant to the Xxxxx Fargo Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Fifth Third Loans, BMO 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 Xxxxx Fargo. Xxxxx Fargo, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Fifth Third Loans, the BMO Warehouse Loans, the Flagstar Warehouse Loans, the 2015-2 Loans, the 2015-1 Loans, the 2014-2 Loans, the 2014-1 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 20102013-1 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 Xxxxx Fargo 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 II to use Collections on its behalf contrary to clause (a)(i). Xxxxx Fargo, as collateral agent, agrees that the lien and security interest granted to it pursuant to the Xxxxx Fargo Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Fifth Third Loans, the BMO Warehouse Loans, the Flagstar Warehouse Loans, the 2015-2 Loans, the 2015-1 Loans, the 2014-2 Loans, the 2014-1 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 20102013-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)

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Release by Xxxxx Fargo. Xxxxx Fargo, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Fifth Third Loans, the BMO Warehouse 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 Xxxxx Fargo 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 II to use Collections on its behalf contrary to clause (a)(i). Xxxxx Fargo, as collateral agent, agrees that the lien and security interest granted to it pursuant to the Xxxxx Fargo Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Fifth Third Loans, the BMO Warehouse 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: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)

Release by Xxxxx Fargo. Xxxxx Fargo, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Fifth Third Loans, the BMO Warehouse Loans, the 2015-2 Loans, the 2015-1 Loans, the 2014-2 Loans, the 2014-1 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 20102013-1 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 Xxxxx Fargo 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 II to use Collections on its behalf contrary to clause (a)(i). Xxxxx Fargo, as collateral agent, agrees that the lien and security interest granted to it pursuant to the Xxxxx Fargo Warehouse Securitization Documents does not and shall not attach to any the Comerica Loans, the Fifth Third Loans, the BMO Warehouse Loans, the 2015-2 Loans, the 2015-1 Loans, the 2014-2 Loans, the 2014-1 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 20102013-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Appears in 1 contract

Samples: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)

Release by Xxxxx Fargo. Xxxxx Fargo, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Fifth Third Loans, the BMO 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 Xxxxx Fargo 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 II to use Collections on its behalf contrary to clause (a)(i). Xxxxx Fargo, as collateral agent, agrees that the lien and security interest granted to it pursuant to the Xxxxx Fargo Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, Fifth Third Loans, BMO 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: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)

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