Common use of TRANSFER TO THE INSURER Clause in Contracts

TRANSFER TO THE INSURER. If (i) there are one or more Outstanding Contracts at the end of the Collection Period ending immediately prior to the Class A-4 Final Scheduled Distribution Date and (ii) an amount sufficient to pay the Note Distributable Amount on the Class A-4 Final Scheduled Distribution Date has been deposited with the Indenture Trustee by the Insurer for the benefit of the Noteholders, then on the Class A-4 Final Scheduled Distribution Date, the Class A-4 Notes shall be deemed to be transferred by the Class A-4 Noteholders to the Insurer or its designee as purchaser thereof at the opening of business on the Class A-4 Final Scheduled Distribution Date and the Indenture Trustee shall execute, and the Trust Agent shall authenticate and deliver to the Insurer or its designee, in the name of the Insurer or its designee, as the case may be, a new Class A-4 Note evidencing the entire outstanding principal amount of the Class A-4 Notes. Such new Class A-4 Note shall have the same terms as the Class A-4 Notes deemed transferred by the Class A-4 Noteholders. No service charge shall be made for the issuance of such Class A-4 Note to the Insurer or its designee, but the Indenture Trustee or Trust Agent may require payment of a sum sufficient to cover any tax or other governmental charge imposed in connection therewith. Such transfer shall not diminish or restrict the Insurer's rights hereunder or under the Insurance Agreement.

Appears in 15 contracts

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

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TRANSFER TO THE INSURER. If (i) there are one or more Outstanding Contracts at the end of the Collection Period ending immediately prior to the Class A-4 Final Scheduled Distribution Date and (ii) an amount sufficient to pay the Note Distributable Amount on the Class A-4 Final Scheduled Distribution Date has been deposited with the Indenture Trustee by the Insurer for the benefit of the Noteholders, then on the Class A-4 Final Scheduled Distribution Date, the Class A-4 Notes shall be deemed to be transferred by the Class A-4 Noteholders to the Insurer or its designee as purchaser thereof at the opening of business on the Class A-4 Final Scheduled Distribution Date and the Indenture Trustee Issuer shall execute, and the Trust Agent Indenture Trustee shall authenticate and deliver to the Insurer or its designee, in the name of the Insurer or its designee, as the case may be, a new Class A-4 Note evidencing the entire outstanding principal amount of the Class A-4 Notes. Such new Class A-4 Note shall have the same terms as the Class A-4 Notes deemed transferred by the Class A-4 Noteholders. No service charge shall be made for the issuance of such Class A-4 Note to the Insurer or its designee, but the Indenture Trustee or Trust Agent may require payment of a sum sufficient to cover any tax or other governmental charge imposed in connection therewith. Such transfer shall not diminish or restrict the Insurer's rights hereunder or under the Insurance Agreement.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

TRANSFER TO THE INSURER. If (i) there are one or more Outstanding Contracts at the end of the Collection Period ending immediately prior to the Class A-4 Final Scheduled Distribution Date and (ii) an amount sufficient to pay the Note Distributable Amount on the Class A-4 Final Scheduled Distribution Date has been deposited with the Indenture Trustee by the Insurer for the benefit of the Noteholders, then on the Class A-4 Final Scheduled Distribution Date, the Class A-4 Notes shall be deemed to be transferred by the Class A-4 Noteholders to the Insurer or its designee as purchaser thereof at the opening of business on the Class A-4 Final Scheduled Distribution Date and the Indenture Trustee Issuer shall execute, and the Trust Agent Indenture Trustee shall authenticate and deliver to the Insurer or its designee, in the name of the Insurer or its designee, as the case may be, a new Class A-4 Note evidencing the entire outstanding principal amount of the Class A-4 Notes. Such new Class A-4 Note shall have the same terms as the Class A-4 Notes deemed transferred by the Class A-4 Noteholders. No service charge shall be made for the issuance of such Class A-4 Note to the Insurer or its designee, but the Indenture Trustee or Trust Agent may require payment of a sum sufficient to cover any tax or other governmental charge imposed in connection therewith. Such transfer shall not diminish or restrict the Insurer's ’s rights hereunder or under the Insurance Agreement.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Onyx Acceptance Owner Trust 2005-A), Sale and Servicing Agreement (Onyx Acceptance Owner Trust 2005-B)

TRANSFER TO THE INSURER. If (i) there are is one or more Outstanding Contracts at the end of the Collection Due Period ending immediately prior to the Class A-4 Final Scheduled Distribution Date and (ii) an amount sufficient to pay the Note Distributable Amount on the Class A-4 Final Scheduled Distribution Date has been deposited with the Indenture Trustee by the Insurer for the benefit of the Class A-4 Noteholders, then on the Class A-4 Final Scheduled Distribution Date, Date the Class A-4 Notes shall be deemed to be transferred by the Class A-4 Noteholders to the Insurer or its designee as purchaser thereof at the opening of business on the Class A-4 Final Scheduled Distribution Date and the Indenture Trustee Owner Trustee, on behalf of the Trust, shall execute, and the Trust Agent Indenture Trustee shall authenticate and deliver to the Insurer or its designee, in the name of the Insurer or its designee, as the case may be, a new Class A-4 Note evidencing the entire outstanding principal amount of the Class A-4 NotesNote Balance. Such new Class A-4 Note shall have the same terms as the Class A-4 Notes deemed transferred by the Class A-4 Noteholders. No service charge shall be made for the issuance of such Class A-4 Note to the Insurer or its designee, but the Indenture Owner Trustee or Trust Agent may require payment of a sum sufficient to cover any tax or other governmental charge imposed in connection therewith. Such transfer shall not diminish or restrict the Insurer's rights hereunder or under the Insurance Agreement.. 77 ARTICLE TEN

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp 2)

TRANSFER TO THE INSURER. If (i) there are is one or more Outstanding Contracts at the end of the Collection Due Period ending immediately prior to the Class A-4 Final Scheduled Distribution Date and (ii) an amount sufficient to pay the Note Distributable Amount on the Class A-4 Final Scheduled Distribution Date has been deposited with the Indenture Trustee by the Insurer for the benefit of the Noteholders, Class A-4A Noteholders and Class A-4B Noteholders then on the Class A-4 Final Scheduled Distribution Date, Date the Class A-4 A-4A Notes and Class A-4B Notes shall be deemed to be transferred by the Class A-4 A-4A Noteholders and Class A-4B Noteholders, respectively, to the Insurer or its designee as purchaser thereof at the opening of business on the Class A-4 Final Scheduled Distribution Date and the Indenture Trustee Owner Trustee, on behalf of the Trust, shall execute, and the Trust Agent Indenture Trustee shall authenticate and deliver to the Insurer or its designee, in the name of the Insurer or its designee, as the case may be, a new Class A-4 A-4A Note and Class A-4B Note evidencing the entire outstanding principal amount of the Class A-4 NotesNote Balance. Such new Class A-4 A-4A Note and Class A-4B Note shall have the same terms as the Class A-4 A-4A Notes and Class A-4B Notes, respectively, deemed transferred by the Class A-4 A-4A Noteholders and Class A-4B Noteholders. No service charge shall be made for the issuance of such Class A-4 A-4A Note and Class A-4B Note to the Insurer or its designee, but the Indenture Owner Trustee or Trust Agent may require payment of a sum sufficient to cover any tax or other governmental charge imposed in connection therewith. Such transfer shall not diminish or restrict the Insurer's rights hereunder or under the Insurance Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp)

TRANSFER TO THE INSURER. If (i) there are is one or more Outstanding Contracts at the end of the Collection Due Period ending immediately prior to the Class A-4 Final Scheduled Distribution Date and (ii) an amount sufficient to pay the Note Distributable Amount on the Class A-4 Final Scheduled Distribution Date has been deposited with the Indenture Trustee by the Insurer for the benefit of the Noteholders, Class A-4 Noteholders then on the Class A-4 Final Scheduled Distribution Date, Date the Class A-4 Notes shall be deemed to be transferred by the Class A-4 Noteholders Noteholders, respectively, to the Insurer or its designee as purchaser thereof at the opening of business on the Class A-4 Final Scheduled Distribution Date and the Indenture Trustee Owner Trustee, on behalf of the Trust, shall execute, and the Trust Agent Indenture Trustee shall authenticate and deliver to the Insurer or its designee, in the name of the Insurer or its designee, as the case may be, a new Class A-4 Note evidencing the entire outstanding principal amount of the respective Class A-4 NotesBalance. Such new Class A-4 Note shall have the same terms as the Class A-4 Notes deemed transferred by the Class A-4 Noteholders. No service charge shall be made for the issuance of such Class A-4 Note to the Insurer or its designee, but the Indenture Owner Trustee or Trust Agent may require payment of a sum sufficient to cover any tax or other governmental charge imposed in connection therewith. Such transfer shall not diminish or restrict the Insurer's rights hereunder or under the Insurance Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp 2)

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TRANSFER TO THE INSURER. If (i) there are is one or more Outstanding Contracts at the end of the Collection Due Period ending immediately prior to the Class A-4 Final Scheduled Distribution Date and (ii) an amount sufficient to pay the Note Distributable Amount on the Class A-4 Final Scheduled Distribution Date has been deposited with the Indenture Trustee by the Insurer for the benefit of the Class A-4 Noteholders, then on the Class A-4 Final Scheduled Distribution Date, Date the Class A-4 Notes shall be deemed to be transferred by the Class A-4 Noteholders to the Insurer or its designee as purchaser thereof at the opening of business on the Class A-4 Final Scheduled Distribution Date and the Indenture Trustee Owner Trustee, on behalf of the Trust, shall execute, and the Trust Agent Indenture Trustee shall authenticate and deliver to the Insurer or its designee, in the name of the Insurer or its designee, as the case may be, a new Class A-4 Note evidencing the entire outstanding principal amount of the Class A-4 NotesNote Balance. Such new Class A-4 Note shall have the same terms as the Class A-4 Notes deemed transferred by the Class A-4 Noteholders. No service charge shall be made for the issuance of such Class A-4 Note to the Insurer or its designee, but the Indenture Owner Trustee or Trust Agent may require payment of a sum sufficient to cover any tax or other governmental charge imposed in connection therewith. Such transfer shall not diminish or restrict the Insurer's rights hereunder or under the Insurance Agreement.. ARTICLE TEN

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp)

TRANSFER TO THE INSURER. If (i) there are is one or more Outstanding Contracts at the end of the Collection Due Period ending immediately prior to the Class A-4 Final Scheduled Distribution Date and (ii) an amount sufficient to pay the Note Distributable Amount on the Class A-4 Final Scheduled Distribution Date has been deposited with the Indenture Trustee by the Insurer for the benefit of the Noteholders, Class A-4A Noteholders and Class A-4B Noteholders then on the Class A-4 Final Scheduled Distribution Date, Date the Class A-4 A-4A Notes and Class A-4B Notes shall be deemed to be transferred by the Class A-4 A-4A Noteholders and Class A-4B Noteholders, respectively, to the Insurer or its designee as purchaser thereof at the opening of business on the Class A-4 Final Scheduled Distribution Date and the Indenture Trustee Owner Trustee, on behalf of the Trust, shall execute, and the Trust Agent Indenture Trustee shall authenticate and deliver to the Insurer or its designee, in the name of the Insurer or its designee, as the case may be, a new Class A-4 A-4A Note and Class A-4B Note evidencing the entire outstanding principal amount of the respective Class A-4 NotesBalances. Such new Class A-4 A-4A Note and Class A-4B Note shall have the same terms as the Class A-4 A-4A Notes and Class A-4B Notes, respectively, deemed transferred by the Class A-4 A-4A Noteholders and Class A-4B Noteholders. No service charge shall be made for the issuance of such Class A-4 A-4A Note and Class A-4B Note to the Insurer or its designee, but the Indenture Owner Trustee or Trust Agent may require payment of a sum sufficient to cover any tax or other governmental charge imposed in connection therewith. Such transfer shall not diminish or restrict the Insurer's rights hereunder or under the Insurance Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp)

TRANSFER TO THE INSURER. If (i) there are one or more Outstanding Contracts at the end of the Collection Period ending immediately prior to the Class A-4 B Final Scheduled Distribution Date and (ii) an amount sufficient to pay the Note Distributable Amount on the Class A-4 B Final Scheduled Distribution Date has been deposited with the Indenture Trustee by the Insurer for the benefit of the Noteholders, then on the Class A-4 B Final Scheduled Distribution Date, the Class A-4 B Notes shall be deemed to be transferred by the Class A-4 B Noteholders to the Insurer or its designee as purchaser thereof at the opening of business on the Class A-4 B Final Scheduled Distribution Date and the Indenture Trustee shall execute, and the Trust Agent shall authenticate and deliver to the Insurer or its designee, in the name of the Insurer or its designee, as the case may be, a new Class A-4 B Note evidencing the entire outstanding principal amount of the Class A-4 B Notes. Such new Class A-4 B Note shall have the same terms as the Class A-4 B Notes deemed transferred by the Class A-4 B Noteholders. No service charge shall be made for the issuance of such Class A-4 B Note to the Insurer or its designee, but the Indenture Trustee or Trust Agent may require payment of a sum sufficient to cover any tax or other governmental charge imposed in connection therewith. Such transfer shall not diminish or restrict the Insurer's rights hereunder or under the Insurance Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

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