Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence of ownership with respect to such Financed Vehicle) will be received within 180 days and will show, the Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, Samco) as first lienholder has been applied for.
Appears in 3 contracts
Samples: Assignment (Consumer Portfolio Services Inc), Assignment (Consumer Portfolio Services Inc), Receivables and Purchase Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence a "Form RD108" stamped by the Department of ownership with respect to such Financed VehicleMotor Vehicles) will be received within 180 days and will show, the Seller CPS (or, with respect to the Samco Receivables, SamcoSamco and, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller CPS (or, with respect to the Samco Receivables, SamcoSamco and, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable, and in either case, the Trustee Trust has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, CPS (or, with respect to the Seller Samco Receivables, Samco and, with respect to the Linc Receivables, Linc) has received written evidence from the related Dealer that such title document showing the Seller CPS, Samco or Linc (or, with respect to the Samco Receivables, Samcoas applicable) as first lienholder has been applied for.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Related Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Related Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Related Receivables originated that finance a vehicle in the State of MichiganStates listed in Annex B, all other evidence of ownership with respect to title issued by the applicable Department of Motor Vehicles or similar authority in such Financed VehicleStates) will be received within 180 days and will show, the Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Related Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Related Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, Samco) as first lienholder has been applied for.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Transferred Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Transferred Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Transferred Receivables originated in the State of MichiganNon-Certificated Title States, all other evidence of ownership with respect to such Financed Vehicletitle issued by the applicable Department of Motor Vehicles or similar authority) will be received within 180 days and will show, the show Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Transferred Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Transferred Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Receivable, and in either case, the Trustee Purchaser has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Transferred Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, Samco) as first lienholder has been applied for.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Consumer Portfolio Services Inc), Receivables Purchase Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Related Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Related Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Related Receivables originated that finance a vehicle in the State of MichiganStates listed in Annex B, all other evidence of ownership with respect to title issued by the applicable Department of Motor Vehicles or similar authority in such Financed VehicleStates) will be received within 180 days and will show, the Seller (or, with respect to in the Samco Receivablescase of a TFC Receivable, SamcoTFC,) named as the original secured party under the related Related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Related Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to in the Samco Receivablescase of a TFC Receivable, SamcoTFC) named as the original secured party under the related Related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Related Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to in the Samco Receivablescase of a TFC Receivable, SamcoTFC) as first lienholder has been applied for.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Related Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Related Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Related Receivables originated that finance a vehicle in the State of MichiganStates listed in Annex B, all other evidence of ownership with respect to title issued by the applicable Department of Motor Vehicles or similar authority in such Financed VehicleStates) will be received within 180 days of the origination date and will show, the Seller (or, with respect to in the Samco Receivablescase of a TFC Receivable, SamcoTFC) named as the original secured party under the related Related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Related Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to in the Samco Receivablescase of a TFC Receivable, SamcoTFC) named as the original secured party under the related Related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle, and such rights have been validly pledged to the Trustee for the benefit of the Noteholders and the Note Purchaser pursuant to the Indenture. With respect to each Related Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to in the Samco Receivablescase of a TFC Receivable, SamcoTFC) as first lienholder has been applied for.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence of ownership with respect to such Financed Vehicle) will be received within 180 days and will show, the Seller (or, with respect to the Samco Receivables, SamcoSamco or, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, SamcoSamco or, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, SamcoSamco or, with respect to the Linc Receivables, Linc) and received written evidence from the related Dealer that such title document showing the Seller as first lienholder has been applied for.
Appears in 1 contract
Title Documents. (A) If the Related Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Related Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Related Receivables originated that finance a vehicle in the State of MichiganStates listed in ANNEX B, all other evidence of ownership with respect to title issued by the applicable Department of Motor Vehicles or similar authority in such Financed VehicleStates) will be received within 180 days of the origination date and will show, the Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Related Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle, and such rights have been validly pledged, subject to the terms and provisions of the Intercreditor Agreement, to the Trustee for the benefit of the Noteholders and the Note Purchasers pursuant to the Indenture. With respect to each Related Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, Samco) as first lienholder has been applied for.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michiganany Non-Certificated State, all other evidence of ownership with respect to title issued by the applicable Department of Motor Vehicles or similar authority in such Financed Vehiclestate) will be received within 180 days and will show, the Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, Samco) as first lienholder has been applied for.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of MichiganNon-Certificated Title States, all other evidence of ownership with respect to such Financed Vehicletitle issued by the applicable Department of Motor Vehicles or similar authority) will be received within 180 days and will show, the Seller (or, with respect to the Samco Receivables, Samco) related Applicable Purchaser named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (orrelated Applicable Purchaser, with respect to the Samco Receivables, Samco) named as the original secured party under the related Receivable, and in either case, the Trustee Trust has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle, and such rights have been validly pledged to the Trustee pursuant to the Indenture. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller CPS has received written evidence from the related Dealer that such title document showing the Seller (orrelated Applicable Purchaser, with respect to the Samco Receivables, Samco) as first lienholder has been applied for.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Related Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Related Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Related Receivables originated that finance a vehicle in the State of MichiganStates listed in ANNEX B, all other evidence of ownership with respect to title issued by the applicable Department of Motor Vehicles or similar authority in such Financed VehicleStates) will be received within 180 days of the origination date and will show, the Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Related Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, Samco) named as the original secured party under the related Related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle, and such rights have been validly pledged to the Trustee for the benefit of the Noteholders and the Note Purchaser pursuant to the Indenture. With respect to each Related Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, Samco) as first lienholder has been applied for.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Receivable Contract was originated in a State in which notation of a security interest on the title document Certificate of Title of the related Financed Vehicle is required or permitted to perfect such security interest, the title document Certificate of Title of the related Financed Vehicle for such Receivable Contract shows, or if a new or replacement title document Certificate of Title is being applied for with respect to such Financed Vehicle the title document Certificate of Title (or, with respect to Receivables Contracts originated in the State Non-Certificated Title States, other Title Documents issued by the applicable Department of Michigan, all other evidence of ownership with respect to such Financed VehicleMotor Vehicles or similar authority) will be received within 180 days and will show, the Seller (or, with respect to the Samco Receivables, Samco) Seller/Servicer named as the original secured party under the related Receivable Contract as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable Contract was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (orSeller/Servicer, with respect to the Samco Receivables, Samco) named as the original secured party under the related ReceivableContract, and in either case, the Trustee Purchaser has the same rights as such secured party has or would have (if such secured party were still the owner of the ReceivableContract) against all parties claiming an interest in such Financed Vehicle, and such rights have been validly pledged to the Indenture Trustee pursuant to the Indenture. With respect to each Receivable Contract for which the title document of the related Financed Vehicle Title Document has not yet been returned from the Registrar of Titles, the Seller Seller/Servicer has received written evidence from the related Dealer or Consumer Lender that such title document Title Document showing the Seller (orSeller/Servicer, with respect to the Samco Receivables, Samco) as first lienholder has been applied for.
Appears in 1 contract
Samples: Motor Vehicle Purchase and Sale Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Related Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Related Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Related Receivables originated that finance a vehicle in the State of MichiganStates listed in Annex B, all other evidence of ownership with respect to title issued by the applicable Department of Motor Vehicles or similar authority in such Financed VehicleStates) will be received within 180 days and will show, the Seller (oror in the case of a TFC Receivable, with respect to the Samco Receivables, SamcoTFC) named as the original secured party under the related Related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Related Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (oror in the case of a TFC Receivable, with respect to the Samco Receivables, SamcoTFC) named as the original secured party under the related Related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Related Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (oror in the case of a TFC Receivable, with respect to the Samco Receivables, SamcoTFC) as first lienholder has been applied for.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michigan, all or other appropriate evidence of ownership with respect to such Financed Vehicletitle issued by the applicable Department of Motor Vehicles or similar authority) will be received within 180 days and will show, the Seller (or, with respect to the Samco Receivables, Samco) AFCO named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, Samco) AFCO named as the original secured party under the related Receivable, and in either case, upon the Trustee has assignment of such security interest from AFCO to Borrower and from Borrower to Lender, Lender shall have the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller Borrower has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, Samco) AFCO as first lienholder has been applied for.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Autocorp Equities Inc)
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document for such Receivable shows, or or, if a new or replacement title document is being applied for with respect to such Financed Vehicle Vehicle, the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence of ownership with respect to such Financed Financial Vehicle) will be received within 180 days and will show, the Seller (or, with respect to the Samco Receivables, SamcoSamco and, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, Vehicle and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, SamcoSamco and, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has (or, with respect to the Samco Receivables, Samco and, with respect to the Linc Receivables, Linc) and received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, Samco) as first lienholder has been applied for.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence of ownership with respect to such Financed Vehiclea copy thereof) will be received within 180 [180] days and will show, the Seller CPS (or, with respect to the Samco Receivables, Samco, with respect to the Linc Receivables, Linc, and with respect to the [Affiliated Originator] Receivables, [Affiliated Originator]) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller CPS (or, with respect to the Samco Receivables, Samco, with respect to the Linc Receivables, Linc, and with respect to the [Affiliated Originator] Receivables, [Affiliated Originator]) named as the original secured party under the related Receivable, and in either case, the Trustee Trust has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, CPS (or, with respect to the Seller Samco Receivables, Samco, with respect to the Linc Receivables, Linc, and with respect to the [Affiliated Originator] Receivables, [Affiliated Originator]) has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, Samco) CPS as first lienholder has been applied for.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence a "Form RD108" stamped by the Department of ownership with respect to such Financed VehicleMotor Vehicles) will be received within 180 days and will show, the Seller CPS (or, with respect to the Samco Receivables, SamcoSamco or, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller CPS (or, with respect to the Samco Receivables, SamcoSamco or, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable, and in either case, the Trustee Trust has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, CPS (or, with respect to the Seller Samco Receivables, Samco or, with respect to the Linc Receivables, Linc) has received written evidence from the related Dealer that such title document showing the Seller CPS, Samco or Linc (or, with respect to the Samco Receivables, Samcoas applicable) as first lienholder has been applied for.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence of ownership with respect to such Financed Vehicle) will be received within 180 days and will show, the Seller (or, or with respect to the Samco Receivables, Samco) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, or with respect to the Samco Receivables, Samco) named as the original secured party under the related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, or with respect to the Samco Receivables, Samco) as first lienholder has been applied for.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence of ownership with respect to such Financed Vehicle) will be received within 180 days and will show, the Seller (or, with respect to the Samco Receivables, SamcoSamco and, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, SamcoSamco and, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, SamcoSamco and, with respect to the Linc Receivables, Linc) as first lienholder has been applied for.
Appears in 1 contract
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document for such Receivable shows, or or, if a new or replacement title document is being applied for with respect to such Financed Vehicle Vehicle, the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence of ownership with respect to such Financed Financial Vehicle) will be received within 180 days and will show, the Seller (or, with respect to the Samco Receivables, Samco, with respect to the Linc Receivables, Linc, and [with respect to the [Affiliated Originator] Receivables, [Affiliated Originator]]) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, Vehicle and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, Samco, with respect to the Linc Receivables, Linc, and [with respect to the [Affiliated Originator] Receivables, [Affiliated Originator]]) named as the original secured party under the related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has (or, with respect to the Samco Receivables, Samco, with respect to the Linc Receivables, Linc, and [with respect to the [Affiliated Originator] Receivables, [Affiliated Originator]]) and received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, Samco) as first lienholder has been applied for.
Appears in 1 contract
Samples: Purchase Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Related Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Related Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Related Receivables originated that finance a vehicle in the State of MichiganStates listed in ANNEX B, all other evidence of ownership with respect to title issued by the ------- applicable Department of Motor Vehicles or similar authority in such Financed VehicleStates) will be received within 180 days of the origination date and will show, the Seller (or, with respect to in the Samco Receivablescase of a TFC Receivable purchased from a Dealer by TFC, SamcoTFC) named as the original secured party under the related Related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Related Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to in the Samco Receivablescase of a TFC Receivable purchased from a Dealer by TFC, SamcoTFC) named as the original secured party under the related Related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle, and such rights have been validly pledged, subject to the terms and provisions of the Intercreditor Agreement, to the Trustee for the benefit of the Noteholders and the Note Purchasers pursuant to the Indenture. With respect to each Related Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to in the Samco Receivablescase of a TFC Receivable purchased from a Dealer by TFC, SamcoTFC) as first lienholder has been applied for.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence of ownership with respect to such Financed Vehicle) will be received within 180 days and will show, the Seller (or, with respect to the Samco Receivables, SamcoSamco and, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller (or, with respect to the Samco Receivables, SamcoSamco and, with respect to the Linc Receivables, Linc) named as the original secured party under the related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, SamcoSamco and, with respect to the Linc Receivables, Linc) and received written evidence from the related Dealer that such title document showing the Seller as first lienholder has been applied for.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Consumer Portfolio Services Inc)
Title Documents. Except as provided below in this paragraph (b), if the related Financed Vehicle was sold in a state in which (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle Title Document is required or permitted to perfect such security interest, the title document Title Document for such Receivable Financed Vehicle shows, or if a new or replacement title document Title Document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence of ownership with respect to such Financed Vehicle) Title Document will be received within 180 120 days of the related Closing Date, and will showshow the initial lender, the Dealer, the Seller (or, with respect to or one of the Samco Receivables, Samco) Predecessors in Interest named as the original secured party under the related Receivable Contract as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the initial lender, the Dealer, the Seller (or, with respect to or one of the Samco Receivables, Samco) Predecessors in Interest named as the original secured party under the related ReceivableContract, and in either case, the Trustee Collateral Agent has the same rights or similar rights by virtue of (i) the Seller’s first priority security interest in the Receivable and a power of attorney or (ii) the Seller’s right to amend such financing statement to name itself as such secured party of record, in either case as the secured party noted on the title document or such financing statement has or would have (if such secured party were still the owner of the Receivablelender) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable Contract for which the title document of the related Financed Vehicle Title Document has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document Title Document showing the initial lender, the Dealer, the Seller (or, with respect to or one of the Samco Receivables, Samco) Predecessors in Interest as first lienholder has been applied for.. In each case where the Seller is not named in the
Appears in 1 contract
Title Documents. (A) If the Receivable was originated in a State in which notation of a security interest on the title document of the related Financed Vehicle is required or permitted to perfect such security interest, the title document of the related Financed Vehicle for such Receivable shows, or if a new or replacement title document is being applied for with respect to such Financed Vehicle the title document (or, with respect to Receivables originated in the State of Michigan, all other evidence of ownership with respect to such Financed Vehicle) will be received within 180 days and will show, the Seller CPS (or, or with respect to the Samco Receivables, Samco) named as the original secured party under the related Receivable as the holder of a first priority security interest in such Financed Vehicle, and (B) if the Receivable was originated in a State in which the filing of a financing statement under the UCC is required to perfect a security interest in motor vehicles, such filings or recordings have been duly made and show the Seller CPS (or, or with respect to the Samco Receivables, Samco) named as the original secured party under the related Receivable, and in either case, the Trustee has the same rights as such secured party has or would have (if such secured party were still the owner of the Receivable) against all parties claiming an interest in such Financed Vehicle. With respect to each Receivable for which the title document of the related Financed Vehicle has not yet been returned from the Registrar of Titles, the Seller has received written evidence from the related Dealer that such title document showing the Seller (or, with respect to the Samco Receivables, Samco) as first lienholder has been applied for.the
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Consumer Portfolio Services Inc)