Common use of Trustee's Assignment of Purchased Receivables Clause in Contracts

Trustee's Assignment of Purchased Receivables. With respect to all Receivables repurchased by the Seller pursuant to Section 2.3 or 11.2, or purchased by the Servicer pursuant to Section 3.7, the Trustee shall assign, without recourse, representation or warranty, to the Seller or to the Servicer, as the case may be, all the Trustee's right, title and interest in and to such Receivables, and all security and documents and all other Trust Property conveyed pursuant to Section 2.1 with respect to such Receivables. Such assignment shall be a sale and assignment outright, and not for security. If, in any enforcement suit or legal proceeding, it is held that the Seller or the Servicer, as the case may be, may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, the Trustee shall, at the expense of the Seller or the Servicer, as the case may be, take such steps as the Seller or the Servicer, as the case may be, deems necessary to enforce the Receivable, including bringing suit in the Trustee's name or the names of the Certificateholders.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Mellon Auto Grantor Trust 1999-1), Pooling and Servicing Agreement (Mellon Auto Receivables Corp), Pooling and Servicing Agreement (Mellon Auto Grantor Trust 2000-1)

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Trustee's Assignment of Purchased Receivables. With respect to all Receivables repurchased by the Seller pursuant to Section 2.3 or 11.22.4, or purchased by the Servicer pursuant to Section 3.73.7 or 11.2, the Trustee shall assign, without recourse, representation representation, or warranty, to the Seller or to the Servicer, as the case may be, all the Trustee's right, title title, and interest in in, to and to under such Receivables, and all security and documents and all other Trust Property conveyed pursuant to Section 2.1 with respect to such Receivables. Such assignment shall be a sale and assignment outright, and not for security. If, in any enforcement suit or legal proceeding, it is held that the Seller or the Servicer, as the case may be, may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, the Trustee shall, at the expense of the Seller or the Servicer, as the case may be, take such steps as the Seller or the Servicer, as the case may be, deems necessary to enforce the Receivable, including bringing suit in the Trustee's name or the names of the Certificateholders.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (First Security Bank Na), Pooling and Servicing Agreement (First Security Bank Na), Pooling and Servicing Agreement (First Security Corp /Ut/)

Trustee's Assignment of Purchased Receivables. With respect to all Receivables repurchased by the Seller pursuant to Section 2.3 2.4 or 11.2Section 10.2, or purchased by the Servicer pursuant to Section 3.73.7 or Section 10.2, the Trustee shall assign, without recourse, representation or warranty, to the Seller or to the Servicer, as the case may be, all the of Trustee's right, title and interest in and to such Receivables, and all security and documents and all other Trust Property conveyed pursuant to Section 2.1 with respect to such Receivables. Such assignment shall be a sale and assignment outright, and not for security. If, in any enforcement suit or legal proceeding, it is held that the Seller or the Servicer, as the case may be, may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, the Trustee shall, at the expense of the Seller or the Servicer, as the case may be, take such steps as the Seller or the Servicer, as the case may be, deems necessary to enforce the Receivable, including bringing suit in the Trustee's name or the names of the CertificateholdersHolders.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Key Consumer Acceptance Corp), Pooling and Servicing Agreement (Amsouth Auto Corp Inc)

Trustee's Assignment of Purchased Receivables. With respect to all Receivables repurchased by the Seller pursuant to Section 2.3 or 11.22.4, or purchased by the Servicer pursuant to Section 3.73.7 or 11.2, the Trustee shall assign, without recourse, representation representation, or warranty, other than that the Trustee, on behalf of the Trust, has not imposed any liens on the Receivables to be repurchased, to the Seller or to the Servicer, as the case may be, all the Trustee's right, title title, and interest in in, to and to under such Receivables, and all security and documents and all other Trust Property conveyed pursuant to Section 2.1 with respect to such Receivables. Such assignment shall be a sale and assignment outright, and not for security. If, in any enforcement suit or legal proceeding, it is held that the Seller or the Servicer, as the case may be, may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, the Trustee shall, at the expense of the Seller or the Servicer, as the case may be, take such steps as the Seller or the Servicer, as the case may be, deems necessary to enforce the Receivable, including bringing suit in the Trustee's name or the names of the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Security Bank Na)

Trustee's Assignment of Purchased Receivables. With respect to all Receivables repurchased by the Seller pursuant to Section 2.3 or 11.22.5, or purchased by the Servicer pursuant to Section 3.73.2, 3.6 or 11.2, the Trustee shall assign, without recourse, representation representation, or warranty, to the Seller or to the Servicer, as the case may be, all the Trustee's right, title title, and interest in and to such Receivables, and all security and documents and all other Trust Property conveyed pursuant to Section 2.1 2.2 with respect to such Receivables. Such assignment shall be a sale and assignment outright, and not for security. If, in any enforcement suit or legal proceeding, it is held that the Seller or the Servicer, as the case may be, may not enforce any such Purchased Receivable on the ground that it shall not be a real party 97 99 in interest or a holder entitled to enforce the Purchased Receivable, the Trustee shall, at the expense of the Seller or the Servicer, as the case may be, take such steps as the Seller or the Servicer, as the case may be, deems necessary to enforce the Purchased Receivable, including bringing suit in the Trustee's name or the names of the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)

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Trustee's Assignment of Purchased Receivables. With respect to all Receivables repurchased by the Seller Depositor or the Sponsor pursuant to Section 2.3 or 11.2, or purchased by the Servicer pursuant to Section 3.7, the Trustee shall assign, without recourse, representation or warranty, to the Seller Depositor or to the Servicer, as the case may be, all the Trustee's right, title and interest in and to such Receivables, and all security and documents and all other Trust Property conveyed pursuant to Section 2.1 with respect to such Receivables. Such assignment shall be a sale and assignment outright, and not for security. If, in any enforcement suit or legal proceeding, it is held that the Seller Depositor or the Servicer, as the case may be, may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, the Trustee shall, at the expense of the Seller Depositor, the Sponsor or the Servicer, as the case may be, take such steps as the Seller Depositor, the Sponsor or the Servicer, as the case may be, deems necessary to enforce the Receivable, including bringing suit in the Trustee's name or the names of the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Barnett Auto Receivables Corp)

Trustee's Assignment of Purchased Receivables. With respect to all Receivables repurchased by the Seller pursuant to Section 2.3 or 11.22.5, or purchased by the Servicer pursuant to Section 3.73.2, 3.6 or 11.2, the Trustee shall assign, without recourse, representation representation, or warranty, to the Seller or to the Servicer, as the case may be, all the Trustee's right, title title, and interest in and to such Receivables, and all security and documents and all other Trust Property conveyed pursuant to Section 2.1 2.2 with respect to such Receivables. Such assignment shall be a sale and assignment outright, and not for security. If, in any enforcement suit or legal proceeding, it is held that the Seller or the Servicer, as the case may be, may not enforce any such Purchased Receivable on the ground that it shall not be a real party 98 105 in interest or a holder entitled to enforce the Purchased Receivable, the Trustee shall, at the expense of the Seller or the Servicer, as the case may be, take such steps as the Seller or the Servicer, as the case may be, deems necessary to enforce the Purchased Receivable, including bringing suit in the Trustee's name or the names of the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)

Trustee's Assignment of Purchased Receivables. With respect to all Receivables repurchased by the Seller pursuant to Section 2.3 or 11.2, or purchased by the Servicer pursuant to Section 3.7, the Trustee shall assign, without recourse, representation or warranty, to the Seller or to the Servicer, as the case may be, all the Trustee's ’s right, title and interest in and to such Receivables, and all security and documents and all other Trust Property conveyed pursuant to Section 2.1 with respect to such Receivables. Such assignment shall be a sale and assignment outright, and not for security. If, in any enforcement suit or legal proceeding, it is held that the Seller or the Servicer, as the case may be, may not enforce any such Receivable on the ground that it shall not be a real party in interest or a holder entitled to enforce the Receivable, the Trustee shall, at the expense of the Seller or the Servicer, as the case may be, take such steps as the Seller or the Servicer, as the case may be, deems necessary to enforce the Receivable, including bringing suit in the Trustee's ’s name or the names of the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bank One Auto Securitization LLC)

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