Common use of Unfulfilled Repurchase Demands Clause in Contracts

Unfulfilled Repurchase Demands. In the event the Depositor fails to, or fails to cause the Seller to, repurchase or substitute a Receivable pursuant to Section 2.04(a) within 180 days of the delivery of a Repurchase Request and such Repurchase Request has not been resolved, the alleged breach has not otherwise been cured or the related Receivable has not otherwise been repurchased or substituted with a Substitute Receivable, the party that provided the Repurchase Request pursuant to Section 2.04(a) (the “Requesting Party”) may refer the Repurchase Request to an ADR Proceeding, at its discretion, pursuant to Section 2.04(c) by filing in accordance with AAA Rules and providing a notice to the Depositor; provided, however, that any such referral of a Repurchase Request shall be made (i) within the applicable statute of limitations period and (ii) within 30 days of the delivery of the Repurchase Response Notice indicating that the related Repurchase Request has not been resolved; provided further that in the event an Asset Representations Review has been completed and the Asset Representations Reviewer has determined that the representations and warranties related to a Receivable with respect to which a Repurchase Request has been made have been satisfied, the Repurchase Request will be deemed to have been resolved.

Appears in 28 contracts

Samples: Trust Sale Agreement (Ally Auto Receivables Trust 2019-4), Trust Sale Agreement (Ally Auto Receivables Trust 2019-4), Trust Sale Agreement (Ally Auto Receivables Trust 2019-3)

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Unfulfilled Repurchase Demands. In the event the Depositor fails to, or fails to cause the Seller to, repurchase or substitute a Receivable pursuant to Section 2.04(a) within 180 days of the delivery of a Repurchase Request and such Repurchase Request has not been resolved, the alleged breach has not otherwise been cured or the related Receivable has not otherwise been repurchased or substituted with a Substitute Receivablerepurchased, the party that provided the Repurchase Request pursuant to Section 2.04(a) (the “Requesting Party”) may refer the Repurchase Request to an ADR Proceeding, at its discretion, pursuant to Section 2.04(c) by filing in accordance with AAA Rules and providing a notice to the Depositor; provided, however, that any such referral of a Repurchase Request shall be made (i) within the applicable statute of limitations period and (ii) within 30 days of the delivery of the Repurchase Response Notice indicating that the related Repurchase Request has not been resolved; provided further that in the event an Asset Representations Review has been completed and the Asset Representations Reviewer has determined that the representations and warranties related to a Receivable with respect to which a Repurchase Request has been made have been satisfied, the Repurchase Request will be deemed to have been resolved.

Appears in 12 contracts

Samples: Trust Sale Agreement (Ally Auto Receivables Trust 2024-2), Trust Sale Agreement (Ally Auto Receivables Trust 2024-2), Trust Sale Agreement (Ally Auto Receivables Trust 2024-1)

Unfulfilled Repurchase Demands. In the event the Depositor fails to, or fails to cause the Seller to, repurchase or substitute a Receivable pursuant to Section 2.04(a2.05(a) within 180 days of the delivery of a Repurchase Request and such Repurchase Request has not been resolved, the alleged breach has not otherwise been cured or the related Receivable has not otherwise been repurchased or substituted with a Substitute Receivable, the party that provided the Repurchase Request pursuant to Section 2.04(a2.05(a) (the “Requesting Party”) may refer the Repurchase Request to an ADR Proceeding, at its discretion, pursuant to Section 2.04(c2.05(c) by filing in accordance with AAA Rules and providing a notice to the Depositor; provided, however, that any such referral of a Repurchase Request shall be made (i) within the applicable statute of limitations period and (ii) within 30 days of the delivery of the Repurchase Response Notice indicating that the related Repurchase Request has not been resolved; provided further that in the event an Asset Representations Review has been completed and the Asset Representations Reviewer has determined that the representations and warranties related to a Receivable with respect to which a Repurchase Request has been made have been satisfied, the Repurchase Request will be deemed to have been resolved.

Appears in 7 contracts

Samples: Trust Sale and Servicing Agreement, Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2016-3), Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2016-3)

Unfulfilled Repurchase Demands. In the event the Depositor fails to, or fails to cause the Seller to, repurchase or substitute a Receivable pursuant to Section 2.04(a2.05(a) within 180 days of the delivery of a Repurchase Request and such Repurchase Request has not been resolved, the alleged breach has not otherwise been cured or the related Receivable has not otherwise been repurchased or substituted with a Substitute Receivablerepurchased, the party that provided the Repurchase Request pursuant to Section 2.04(a2.05(a) (the “Requesting Party”) may refer the Repurchase Request to an ADR Proceeding, at its discretion, pursuant to Section 2.04(c2.05(c) by filing in accordance with AAA [AAA] [FINRA] [JAMS] [ADR] Rules and providing a notice to the Depositor; provided, however, that any such referral of a Repurchase Request shall be made (i) within the applicable statute of limitations period and (ii) within 30 [30] days of the delivery of the Repurchase Response Notice indicating that the related Repurchase Request has not been resolved; provided further that in the event an Asset Representations Review has been completed and the Asset Representations Reviewer has determined that the representations and warranties related to a Receivable with respect to which a Repurchase Request has been made have been satisfied, the Repurchase Request will be deemed to have been resolved.

Appears in 2 contracts

Samples: Trust Sale and Servicing Agreement (Capital Auto Receivables LLC), Trust Sale and Servicing Agreement (Capital Auto Receivables LLC)

Unfulfilled Repurchase Demands. In the event the Depositor fails to, or fails to cause the Seller to, repurchase or substitute a Receivable pursuant to Section 2.04(a) within 180 days of the delivery of a Repurchase Request and such Repurchase Request has not been resolved, the alleged breach has not otherwise been cured or the related Receivable has not otherwise been repurchased or substituted with a Substitute Receivablerepurchased, the party that provided the Repurchase Request pursuant to Section 2.04(a) (the “Requesting Party”) may refer the Repurchase Request to an ADR Proceeding, at its discretion, pursuant to Section 2.04(c) by filing in accordance with AAA Rules and providing a notice to the Depositor; provided, however, that any such referral of a Repurchase Request shall be made (i) within the applicable statute of limitations period and (ii) within 30 days of the delivery of the Repurchase Response Notice indicating that the related Repurchase Request has not been resolved; provided further that in the event an Asset Representations Review has been completed and the Asset Representations Reviewer has determined that the representations and warranties related to a Receivable with respect to which a Repurchase Request has been made have been satisfied, the Repurchase Request will be deemed to have been resolved.. Trust Sale Agreement (AART 2022-1)

Appears in 2 contracts

Samples: Trust Sale Agreement (Ally Auto Receivables Trust 2022-1), Trust Sale Agreement (Ally Auto Receivables Trust 2022-1)

Unfulfilled Repurchase Demands. In the event the Depositor fails to, or fails to cause the Seller to, repurchase or substitute a Receivable pursuant to Section 2.04(a) within 180 days of the delivery of a Repurchase Request and such Repurchase Request has not been resolved, the alleged breach has not otherwise been cured or the related Receivable has not otherwise been repurchased or substituted with a Substitute Receivable, the party that provided the Repurchase Request pursuant to Section 2.04(a) (the “Requesting Party”) may refer the Repurchase Request to an ADR Proceeding, at its discretion, pursuant to Section 2.04(c) by filing in accordance with AAA [AAA] [FINRA] [JAMS] [ADR] Rules and providing a notice to the Depositor; provided, however, that any such referral of a Repurchase Request shall be made (i) within the applicable statute of limitations period and (ii) within 30 [30] days of the delivery of the Repurchase Response Notice indicating that the related Repurchase Request has not been resolved; provided further that in the event an Asset Representations Review has been completed and the Asset Representations Reviewer has determined that the representations and warranties related to a Receivable with respect to which a Repurchase Request has been made have been satisfied, the Repurchase Request will be deemed to have been resolved.

Appears in 2 contracts

Samples: Trust Sale Agreement (Ally Auto Assets LLC), Trust Sale Agreement (Ally Auto Assets LLC)

Unfulfilled Repurchase Demands. In the event the Depositor fails to, or fails to cause the Seller to, repurchase or substitute a Receivable pursuant to Section 2.04(a) within 180 days of the delivery of a Repurchase Request and such Repurchase Request has not been resolved, the alleged breach has not otherwise been cured or the related Receivable has not otherwise been repurchased or substituted with a Substitute Receivablerepurchased, the party that provided the Repurchase Request pursuant to Section 2.04(a) (the “Requesting Party”) may refer the Repurchase Request to an ADR Proceeding, at its discretion, pursuant to Section 2.04(c) by filing in accordance with AAA [AAA] [FINRA] [JAMS] [ADR] Rules and providing a notice to the Depositor; provided, however, that any such referral of a Repurchase Request shall be made (i) within the applicable statute of limitations period and (ii) within 30 [30] days of the delivery of the Repurchase Response Notice indicating that the related Repurchase Request has not been resolved; provided further that in the event an Asset Representations Review has been completed and the Asset Representations Reviewer has determined that the representations and warranties related to a Receivable with respect to which a Repurchase Request has been made have been satisfied, the Repurchase Request will be deemed to have been resolved.

Appears in 1 contract

Samples: Trust Sale Agreement (Ally Auto Assets LLC)

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Unfulfilled Repurchase Demands. In the event the Depositor fails to, or fails to cause the Seller to, repurchase or substitute a Receivable pursuant to Section 2.04(a) within 180 days of the delivery of a Repurchase Request and such Repurchase Request has not been resolved, the alleged breach has not otherwise been cured or the related Receivable has not otherwise been repurchased or substituted with a Substitute Receivablerepurchased, the party that provided the Repurchase Request pursuant to Section 2.04(a) (the “Requesting Party”) may refer the Repurchase Request to an ADR Proceeding, at its discretion, pursuant to Section 2.04(c) by filing in accordance with AAA [AAA] [FINRA] [JAMS] [ADR] Rules and providing a notice to the Depositor; provided, however, that any such referral of a Repurchase Request shall be made (i) within the applicable statute of limitations period and (ii) within 30 [30] days of the delivery of the Repurchase Response Notice indicating that the related Repurchase Request has not been resolved; provided further that in the event an Asset Representations Review has been completed and the Asset Representations Reviewer has determined that the representations and warranties related to a Receivable with respect to which a Repurchase Request has been made have been satisfied, the Requesting Party may not refer such Repurchase Request will be deemed to have been resolvedan ADR Proceeding.

Appears in 1 contract

Samples: Trust Sale Agreement (Ally Auto Assets LLC)

Unfulfilled Repurchase Demands. In the event the Depositor fails to, or fails to cause the Seller to, repurchase or substitute a Receivable pursuant to Section 2.04(a) within 180 days of the delivery of a Repurchase Request and such Repurchase Request has not been resolved, the alleged breach has not otherwise been cured or the related Receivable has not otherwise been repurchased or substituted with a Substitute Receivablerepurchased, the party that provided the Repurchase Request pursuant to Section 2.04(a) (the “Requesting Party”) may refer the Repurchase Request to an ADR Proceeding, at its discretion, pursuant to Section 2.04(c) by filing in accordance with AAA [AAA] [FINRA] [JAMS] [ADR] Rules and providing a notice to the Depositor; provided, however, that any such referral of a Repurchase Request shall be made (i) within the applicable statute of limitations period and (ii) within 30 [30] days of the delivery filing of the Repurchase Response Notice indicating that first Servicer’s Accounting following the related Repurchase Request has not been resolvedend of such 180 day period; provided further that in the event an Asset Representations Review has been completed and the Asset Representations Reviewer has determined that the representations and warranties related to a Receivable with respect to which a Repurchase Request has been made have been satisfied, the Requesting Party may not refer such Repurchase Request will be deemed to have been resolvedan ADR Proceeding.

Appears in 1 contract

Samples: Trust Sale Agreement (Ally Auto Assets LLC)

Unfulfilled Repurchase Demands. In the event the Depositor fails to, or Seller fails to cause the Seller to, repurchase purchase a Lease Asset or substitute ACOL LLC does not reallocate a Receivable Lease Asset pursuant to Section 2.04(a2.04(b) of the Pooling Agreement within 180 days of the delivery of a Repurchase Request and such Repurchase Request has not been resolved, the alleged breach has not otherwise been cured or the related Receivable Lease Asset has not otherwise been repurchased purchased or substituted with a Substitute Receivablereallocated, the party that provided the Repurchase Request pursuant to Section 2.04(a2.04(c) (the “Requesting Party”) may refer the Repurchase Request to an ADR Proceeding, at its discretion, pursuant to Section 2.04(c2.04(e) by filing in accordance with AAA [AAA] [FINRA] [JAMS] [ADR] Rules and providing a notice to the Depositor; provided, however, that any such referral of a Repurchase Request shall be made (i) within the applicable statute of limitations period and (ii) within 30 [30] days of the delivery of the Repurchase Response Notice indicating that the related Repurchase Request has not been resolved; provided further that in the event an Asset Representations Review has been completed and the Asset Representations Reviewer has determined that the representations and warranties related to a Receivable Lease Asset with respect to which a Repurchase Request has been made have been satisfied, the Repurchase Request will be deemed to have been resolved.

Appears in 1 contract

Samples: Trust Sale Agreement (Ally Auto Assets LLC)

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