Subsequent Receivables. (a) Subject to and upon the terms and conditions set forth in Section 2.02(b) and in the related Subsequent Purchase Agreement, in consideration of the Purchaser’s delivery on the related Subsequent Closing Date to or upon the order of the Seller of an amount equal to the applicable Subsequent Purchase Price as set forth in the related Subsequent Purchase Agreement, Seller does hereby sell, transfer, assign, set over and otherwise convey to the Purchaser, without recourse (subject to the obligations herein and in the related Subsequent Purchase Agreement) all right, title and interest of the Seller in and to (collectively, the “Subsequent Receivables Property” and together with the Initial Receivables Property, the “Conveyed Property”):
(i) the Subsequent Receivables listed on Schedule A to the related Subsequent Purchase Agreement, and all monies received thereunder on and after the related Subsequent Cutoff Date;
(ii) the security interests in the Financed Vehicles granted by Obligors pursuant to such Subsequent Receivables and any other interest of the Seller in such Financed Vehicles;
(iii) any proceeds with respect to such Subsequent Receivables from claims on any physical damage, credit life or disability insurance policies covering Financed Vehicles or Obligors and any proceeds from the liquidation of such Subsequent Receivables;
(iv) any proceeds from any Subsequent Receivable repurchased by a Dealer, pursuant to a Dealer Agreement, as a result of a breach of representation or warranty in the related Dealer Agreement;
(v) any extended warranty service contracts on the related Financed Vehicles;
(vi) the related Receivables Files; and
(vii) the proceeds of any and all of the foregoing.
(b) The Seller shall transfer to the Purchaser, and the Purchaser shall acquire, the Subsequent Receivables and the other property and rights related thereto described in Section 2.02(a) to be transferred on the related Subsequent Closing Date only upon the satisfaction of each of the following conditions on or prior to the related Subsequent Closing Date:
(i) The Seller shall have delivered to the Purchaser a duly executed written agreement in substantially the form of Exhibit B hereto (the “Subsequent Purchase Agreement”), which shall include supplements to Schedule A, listing the Subsequent Receivables;
(ii) as of each Subsequent Closing Date, (A) the Seller shall not be insolvent and shall not become insolvent as a result of the transfer of Subsequent Receivables ...
Subsequent Receivables. The obligation of the Purchaser to purchase the Subsequent Receivables to be conveyed to the Purchaser on each Subsequent Transfer Date is subject to the satisfaction of the following conditions:
Subsequent Receivables. As consideration for the conveyance of Subsequent Receivables pursuant to Section 2.2, the Purchaser shall pay or cause to be paid to the Originator on each Subsequent Transfer Date an amount (a "Subsequent Purchase Price") equal to the aggregate Contract Value of the Subsequent Receivables as of the related Subsequent Cutoff Date, plus any premium or minus any discount agreed upon the Originator and the Purchaser. Any Subsequent Purchase Price shall be payable as follows: (i) cash in the amount released to the Purchaser from the Pre-Funding Account pursuant to Section 5.7(a) of the Sale and Servicing Agreement shall be paid to the Originator on the related Subsequent Transfer Date and the balance paid in cash as and when amounts are released to, or otherwise realized by, the Purchaser from the Spread Account and the Negative Carry Account in accordance with the Sale and Servicing Agreement; or (ii) as otherwise agreed by the Originator and the Purchaser.
Subsequent Receivables. On each day on which any new Receivable is created, RPA Seller represents and warrants to the Purchaser that the representations and warranties made in Section 4.02(a)(i), (iii), (iv) and (v) and 4.02(b) are true and correct with respect to each such Receivable as of such day of creation.
Subsequent Receivables. On each day after the Certificate Trust Termination Date on which any new Receivable is created, Transferor represents and warrants to Issuer that the representations and warranties made in Section 2.04(a)(i), (iii), (iv), (vi) and (ix) are true and correct with respect to each such Receivable as of such day of creation.
Subsequent Receivables. The Receivables transferred from the Seller to the ---------------------- Owner Trustee pursuant to Section 2.02 of the Pooling and Servicing Agreement, which shall be listed on a schedule to the related Subsequent Transfer PSA Assignment.
Subsequent Receivables. Aggregate Principal Balance of Subsequent Receivables as of the Subsequent Cut-Off Date: $
Subsequent Receivables. Schedule A attached hereto constitutes the Subsequent Receivables to be sold to the Depositor.
Subsequent Receivables. Aggregate Principal Balance of Subsequent Receivables as of the Subsequent Cut-Off Date: $ PRE-FUNDING ACCOUNT ACTIVITY Amount to be wired to or at the direction of the Seller in payment for such Subsequent Receivables: $ Subsequent Reserve Account Deposit Amount: $ Subsequent Cut-Off Date: , 20[ ] The undersigned hereby certifies that, in connection with the Funding Date specified above, the undersigned has complied with all terms and provisions specified in Section 2.3 of the Sale Agreement, including, but not limited to, delivery of the Officer’s Certificate, as specified therein. Date: , 20[ ] CAPITAL ONE PRIME AUTO RECEIVABLES TRUST 20[ ]-[ ] By: CAPITAL ONE, NATIONAL ASSOCIATION, as Administrator By: Name: Title: ] B-1 Form of Sale Agreement If to the Issuer: Capital One Prime Auto Receivables Trust 20[ ]-[ ] [Address] with copies to the Administrator and the Indenture Trustee If to the Bank, the Servicer or the Administrator: Capital One, National Association 0000 Xxxxxxx Xxx Xxxxx XxXxxx, Virginia 22102 Attention: [ ] with a copies to: Capital One, National Association 0000 Xxxxxxx Xxx Xxxxx XxXxxx, Virginia 22102 Attention: [ ] Capital One, National Association 0000 X. Xxxxxx Xxxxxxx Xxxxx, Xxxxx 00000 Attention: Chief Counsel, CAST Capital One, National Association 0000 X. Xxxxxx Xxxxxxx Xxxxx, Xxxxx 00000 Attention: [ ] If to the Seller: Capital One Auto Receivables, LLC 000 X. Xxxxx Xxxxx Xxxx 0000-X Xxxx Xxxxx, Xxxxxxxx 00000 Telephone: [ ] Attention: [ ] with a copy to: Capital One, National Association 0000 Xxxxxxx Xxx Xxxxx Schedule I-1 Form of Sale Agreement XxXxxx, Xxxxxxxx 00000 Attention: [ ] If to the Indenture Trustee: [ ] [Address] If to the Owner Trustee: [ ] [Address] If to [Rating Agency]: [ ] [Address] Schedule I-2 Form of Sale Agreement In addition to the representations, warranties and covenants contained in the Agreement, the Seller hereby represents, warrants, and covenants to the Issuer as follows on the Closing Date [and on each Funding Date]:
Subsequent Receivables. Section 1.1
