Transfers Intended as Sale; Security Interest. (a) Each of the parties hereto expressly intends and agrees that the transfers contemplated and effected under this Agreement are complete and absolute sales and transfers rather than pledges or assignments of only a security interest and shall be given effect as such for all purposes. It is further the intention of the parties hereto that the Receivables and related Transferred Assets shall not be part of the Seller’s estate in the event of a bankruptcy or insolvency of the Seller. The sales and transfers by the Seller of Receivables and related
Appears in 3 contracts
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2012-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2012-1), Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2005-1)
Transfers Intended as Sale; Security Interest. (a) Each of the parties hereto expressly intends and agrees that the transfers contemplated and effected under this Agreement are complete and absolute sales sales, transfers, assignments, contributions and transfers conveyances without recourse rather than pledges or assignments of only a security interest and shall be given effect as such for all purposes. It is further the intention of the parties hereto that the Receivables and related Transferred Assets shall not be part of the Seller’s estate in the event of a bankruptcy or insolvency of the Seller. The sales and transfers by the Seller of Receivables and relatedand
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americas Carmart Inc)