Common use of Representations and Warranties of Transferor Clause in Contracts

Representations and Warranties of Transferor. The Transferor hereby makes each of the representations and warranties made by LBAC in Section 3.2(b) of the Purchase Agreement with respect to the Receivables to the same extent as if such representations and warranties were fully set forth herein. With respect to such representations and warranties, the Issuer is deemed to have relied on such representations and warranties in acquiring the Receivables, [the Note Insurer shall be deemed to have relied on such representations and warranties in issuing the Note Policy], the Indenture Trustee is deemed to have relied on such representations and warranties in issuing the Notes, the Noteholders are deemed to have relied on such representations and warranties in purchasing the Notes and the Owner Trustee is deemed to have relied on such representations and warranties in issuing the Certificate. Such representations and warranties speak as of the execution and delivery of this Agreement and as of the Closing Date but shall survive the transfer and assignment of the Receivables to the Issuer and the subsequent pledge thereof to the Indenture Trustee pursuant to the Indenture.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.), Sale and Servicing Agreement (Long Beach Acceptance Corp)

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Representations and Warranties of Transferor. The Transferor hereby makes each of the representations and warranties made by LBAC in Section 3.2(b3.03(b) of the Purchase Agreement and Section 4 of each Transfer Agreement with respect to the Receivables to the same extent as if such representations and warranties were fully set forth herein. With respect to such representations and warranties, the Issuer is shall be deemed to have relied on such representations and warranties in acquiring the Receivables, [the Note Insurer shall be is deemed to have relied on such representations and warranties in issuing the Note Policy], the Indenture Trustee is deemed to have relied on such representations and warranties in issuing the Notes, the Noteholders are deemed to have relied on such representations and warranties in purchasing the Notes Notes, the Class C Certificateholder is deemed to have relied on such representations and warranties in purchasing the Class C Certificate and the Owner Trustee is deemed to have relied on such representations and warranties in issuing entering into the CertificateTrust Agreement. Such representations and warranties speak as of the execution and delivery of this Agreement and as of the Closing Date in the case of the Initial Receivables, and as of the related Subsequent Transfer Date in the case of the Subsequent Receivables, but shall survive the transfer and assignment of the Receivables to the Issuer and the subsequent pledge thereof to the Indenture Trustee pursuant to the Indenture.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2006-A), Sale and Servicing Agreement (Long Beach Acceptance Corp)

Representations and Warranties of Transferor. The Transferor hereby makes each of the representations and warranties made by LBAC in Section 3.2(b) of the Purchase Agreement and Section 4 of each Transfer Agreement with respect to the Receivables to the same extent as if such representations and warranties were fully set forth herein. With respect to such representations and warranties, the Issuer is deemed to have relied on such representations and warranties in acquiring the Receivables, [the Note Insurer shall be deemed to have relied on such representations and warranties in issuing the Note Policy], the Indenture Trustee is deemed to have relied on such representations and warranties in issuing the Notes, Notes and the Noteholders are deemed to have relied on such representations and warranties in purchasing the Notes and the Owner Trustee is deemed to have relied on such representations and warranties in issuing the CertificateNotes. Such representations and warranties speak as of the execution and delivery of this Agreement and as of the Closing Date in the case of the Initial Receivables, and as of the related Subsequent Transfer Date in the case of the Subsequent Receivables, but shall survive the transfer and assignment of the Receivables to the Issuer and the subsequent pledge thereof to the Indenture Trustee pursuant to the Indenture.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Long Beach Holdings Corp), Sale and Servicing Agreement (Long Beach Holdings Corp)

Representations and Warranties of Transferor. The Transferor hereby makes each of the representations and warranties made by LBAC in Section 3.2(b) of the Purchase Agreement with respect to the Receivables to the same extent as if such representations and warranties were fully set forth herein. With respect to such representations and warranties, the Issuer is deemed to have relied on such representations and warranties in acquiring the Receivables, [the Note Insurer shall be deemed to have relied on such representations and warranties in issuing the Note Policy], the Indenture Trustee is deemed to have relied on such representations and warranties in issuing the Notes, the Noteholders are deemed to have relied on such representations and warranties in purchasing the Notes and the Owner Trustee is deemed to have relied on such representations and warranties in issuing the Certificate. Such representations and warranties speak as of the execution and delivery of this Agreement and as of the Closing Date Date, but shall survive the transfer and assignment of the Receivables to the Issuer and the subsequent pledge thereof to the Indenture Trustee pursuant to the Indenture.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Corp), Sale and Servicing Agreement (Long Beach Acceptance Corp)

Representations and Warranties of Transferor. The Transferor hereby makes each of the representations and warranties made by LBAC in Section 3.2(b) of the Purchase Agreement with respect to the Receivables to the same extent as if such representations and warranties were fully set forth herein. With respect to such representations and warranties, the Issuer is deemed to have relied on such representations and warranties in acquiring the Receivables, [the Note Insurer shall be deemed to have relied on such representations and warranties in issuing the Note Policy], the Indenture Trustee is deemed to have relied on such representations and warranties in issuing the Notes, the Noteholders are deemed to have relied on such representations and warranties in purchasing the Notes and the Owner Trustee is deemed to have relied on such representations and warranties in issuing the Certificate. Such representations and warranties speak as of the execution and delivery of this Agreement and as of the Closing Date but shall survive the transfer and assignment of the Receivables to the Issuer and the subsequent pledge thereof to the Indenture Trustee pursuant to the Indenture.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Holdings Corp)

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Representations and Warranties of Transferor. The Transferor hereby makes each of the representations and warranties made by LBAC in Section 3.2(b3.03(b) of the Purchase Agreement with respect to the Receivables to the same extent as if such representations and warranties were fully set forth herein. With respect to such representations and warranties, the Issuer is deemed to have relied on such representations and warranties in acquiring the Receivables, [the Note Insurer shall be deemed to have relied on such representations and warranties in issuing the Note Policy], the Indenture Trustee is deemed to have relied on such representations and warranties in issuing the Notes, the Noteholders are deemed to have relied on such representations and warranties in purchasing the Notes Notes, the Class C Certificateholder is deemed to have relied on such representations and warranties in purchasing the Class C Certificate and the Owner Trustee is deemed to have relied on such representations and warranties in issuing the CertificateCertificates. Such representations and warranties speak as of the execution and delivery of this Agreement and as of the Closing Date Date, but shall survive the transfer and assignment of the Receivables to the Issuer and the subsequent pledge thereof to the Indenture Trustee pursuant to the Indenture.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Corp)

Representations and Warranties of Transferor. The Transferor hereby makes each of the representations and warranties made by LBAC Triad Corp in Section 3.2(b) of the Purchase Agreement with respect to the Receivables to the same extent as if such representations and warranties were fully set forth herein. With respect to such representations and warranties, the Issuer is deemed to have relied on such representations and warranties in acquiring the Receivables, [the Note Insurer shall be deemed to have relied on such representations and warranties in issuing the Note Policy], the Indenture Trustee is deemed to have relied on such representations and warranties in issuing the Notes, the Noteholders are deemed to have relied on such representations and warranties in purchasing the Notes and the Owner Trustee is deemed to have relied on such representations and warranties in issuing the Certificate. Such representations and warranties speak as of the execution and delivery of this Agreement and as of the Closing Date but shall survive the transfer and assignment of the Receivables to the Issuer and the subsequent pledge thereof to the Indenture Trustee pursuant to the Indenture.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Triad Financial Corp)

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