Underlying Transaction Documents definition
Examples of Underlying Transaction Documents in a sentence
The Borrower hereby assigns to the Deal Agent, for the ratable benefit of the Secured Parties hereunder, all of the Borrower’s right, title and interest in and to, but none of its obligations under, the Underlying Transaction Documents.
Underlying Transaction Documents: The Underlying Indenture, the Underlying Certificate of Trust, the Underlying Trust Agreement, the Underlying Purchase Agreement, the Underlying Sale and Servicing Agreement, the Underlying Underwriting Agreement, the Underlying Lockbox Agreement, the Underlying Hedge Agreement, if any, and any additional document the execution of which is necessary or incidental to carrying out the terms of the foregoing documents.
Promptly after the receipt thereof, the Underlying Servicer shall provide to the Deal Agent and each Hedge Counterparty copies of all reports and notices received by or provided by any of the AmeriCredit Parties in connection with the Underlying Transaction Documents.
The covenants and agreements of the Underlying Servicer set forth in the Underlying Transaction Documents are hereby incorporated by reference mutatis mutandis for the benefit of each the Collateral Agent, the Deal Agent and the Secured Parties and such covenants may be relied upon by each such Person.
The covenants and agreements of the Underlying Depositor set forth in the Underlying Transaction Documents are hereby incorporated by reference mutatis mutandis for the benefit of each the Collateral Agent, the Deal Agent and the Secured Parties and such covenants may be relied upon by each such Person.
The Borrowers will comply, and cause AFS Funding Trust to comply, fully with the Underlying Transaction Documents to which each of them is a party so as to maintain each of the Borrower's identity and AFS Funding Trust's identity as a separate legal entity from its Affiliates and to make it manifest to third parties that each of the Borrowers and AFS Funding Trust is an entity with assets and liabilities distinct from its Affiliates.
This Agreement, the Note Purchase Agreement, the Warrant, each Hedging Agreement, the Trust Agreement, the Administration Agreement, the Fee Letter, the Underlying Transaction Documents, the Liquidity Agreement, if any, the Underlying Note Assignment and any additional document the execution of which is necessary or incidental to carrying out the terms of the foregoing documents.
Promptly after the receipt thereof, the Borrower shall provide to the Deal Agent copies of all reports and notices received by or provided by any of the AmeriCredit Parties in connection with the Underlying Transaction Documents.
The Underlying Obligor is not insolvent within the meaning of 11 U.S.C. Section 101(32) and the transfer and pledge of the Mortgage Loans pursuant to the Underlying Transaction Documents (i) will not cause the Underlying Obligor to become insolvent, (ii) will not result in any property remaining with the Underlying Obligor to be unreasonably small capital, and (iii) will not result in debts that would be beyond the Underlying Obligor's ability to pay as same mature.
Cause the Spread Account Depositor not to incur, create, assume, suffer to exist or otherwise become liable with respect to any Debt other than Debt in favor of FSA and/or the Underlying Trustees created or permitted under or pursuant to the terms of any of the Underlying Transaction Documents.