Examples of Asta Funding in a sentence
For purposes of computing net loss of Asta Funding and its Subsidiaries, the net income of any Non-Credit Party Affiliate (to the extent such net income is greater than zero) shall be excluded from such computation.
With respect to Receivables for which the original retail installment sale contract and, with respect to any Receivables File that does not contain an original certificate of title, a copy of the application for a certificate of title have not been delivered to the Custodian in accordance with this Section 3.6(a), the Seller shall cause Asta Funding to deliver the missing documents within seven (7) Business Days of receipt of such notice or repurchase such Receivables pursuant to Section 3.5 hereof.
If within one (1) year after the second notice all the Certificates shall not have been surrendered for cancellation, the Trustee shall take appropriate steps, or may appoint an agent to take appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets that shall remain subject to this Agreement or if none from Asta Funding.
In the event, however, that notwithstanding the intent of Asta Funding, the Seller and the Trustee, the transfer hereunder is held not to be a sale, this Agreement shall constitute a grant of a security interest in the property described in Section 3.1 to the Trustee on behalf of the Trust for the benefit of the Certificateholders.
The Seller has caused each certificate of title (or copy of an application for title), or such other document delivered by the State title registration agency evidencing the security interest in each Financed Vehicle, to be delivered to the Custodian pursuant to Section 3.6 hereof, together with a power of attorney, duly executed by Asta Funding in favor of the Trustee, which powers of attorney are sufficient to change the lien holder on the certificate of title with respect to a Financed Vehicle.
The Seller has operated and will operate its business such that its assets and liabilities will not be substantively consolidated with the assets and liabilities of Asta Funding and its separate existence will not be disregarded in any State or federal court proceeding.
The Trustee's Certificate submitted with respect to such Distribution Date shall operate, as of such Distribution Date, as an assignment, without recourse, representation or warranty, to Asta Funding or the Servicer, as the case may be, of all the Trustee's right, title and interest in and to such repurchased Receivable, and all security and documents relating thereto, such assignment being an assignment outright and not for security.
The Custodian shall immediately deliver written notice by certified mail to the Seller and Asta Funding if any such document is missing or has not been delivered to the Custodian by the time required as set forth in this Agreement.
With respect to each Receivable for which the title document has not yet been returned from the Registrar of Titles, Asta Funding has received written evidence from the related Dealer that such title document showing Asta Funding as first lienholder has been applied for.
In consideration of the purchase of the Receivable, Asta Funding shall remit the Purchase Amount, in the manner specified in Section 5.4. For the purposes of this Section 3.5, the Purchase Amount of a Receivable that is not consistent with the warranty pursuant to Section 3.4(i)(D) shall include such additional amount as shall be necessary to provide the full amount of interest as contemplated therein.