Examples of Scottish Receivables in a sentence
Scottish Receivables Certain of the Financing Contracts have been entered into with Obligors who are (a) consumers and (b) located in Scotland and certain of the vehicles financed pursuant to the Financing Contracts are located in Scotland.
There is therefore a risk that the transfer under English law of Receivables derived from Scottish Financing Contracts ("Scottish Receivables") sold by VWFS to the Issuer may not be considered to be a valid transfer by the Scots courts.
To mitigate this risk, VWFS will declare trusts (each a "Scottish Trust") in favour of the Issuer over the Scottish Receivables and the Vehicles relating thereto and the Issuer will be the beneficiary under each Scottish Trust.
The legal position of the Issuer and the Seller in respect of the Scottish Receivables is substantially in accordance with that set out above in relation to the holding of an equitable or beneficial interest in the English Receivables and the Northern Irish Receivables.
Scottish Receivables Legal title to the Scottish Receivables will remain with GMAC UK plc because no formal assignation thereof duly intimated to the relevant Customers will be made unless a Perfection Event shall have occurred.
Where the Additional Receivables include Scottish Receivables, pending perfection under Scots law of such sale by duly intimated assignation, VWFS will hold the benefit of the Scottish Receivables and the other Scottish Trust Property in trust for the benefit of the Issuer on the terms of a Scottish Trust.
The fixed charge granted by the Issuer in favour of the Security Trustee over the Issuer's interest in the Purchased Receivables includes, among other things, an assignation in security of the Issuer's interest in the Scottish Receivables.
There is therefore a risk that the transfer of Purchased Receivables derived from Scottish Financing Contracts ("Scottish Receivables") by the Seller to the Issuer pursuant to an English law Receivables Purchase Agreement may not be considered to be a valid transfer by the Scottish courts.To mitigate this risk, the Seller will declare a trust (the "Scottish Trust") in favour of the Issuer over the Scottish Receivables and the Issuer will be the beneficiary under the Scottish Trust.
Each such sale is made by way of absolute assignment and, accordingly, VWFS, with full title guarantee, and so far as relating to the Scottish Receivables (which will be held in trust), with absolute warrandice, will agree to assign to or hold on trust for the Issuer all of its rights, title and interest in and to each Additional Receivable, including to the fullest extent possible under applicable law, all Ancillary Rights related to such Additional Receivables but excluding the Excluded Amounts.
As described above, the Seller holds the benefit of the Scottish Receivables in trust for the Issuer prior to the occurrence of a Notification Event.