Loan File. Borrower will, at the time of the assignment thereof to Lender, have in its possession a complete Loan File (which may be in electronic form). In respect of each of the Notes Receivable and Borrower will have delivered to Custodian all documents required to be delivered pursuant to Borrower's Request for Loan Advance. Borrower shall maintain, in trust for the benefit of Lender, continuous possession of all documents comprising the Loan File for each Note Receivable assigned to Lender, which have not been delivered to Lender (or to a custodian for Lender) and shall deliver to Lender (or to a custodian for Lender) a copy of any documents in such Loan Files as Lender may request.
Loan File. Each and every Loan File relating to a Residential Loan contains (a) in all material respects, true, correct and complete copies of all Loan Documents evidencing, securing, governing or otherwise relating to each Residential Loan and such documents and instruments are duly executed, original, genuine and in due and proper form, (b) each of the documents and instruments required to be maintained by all Applicable Laws and this Agreement and such documents and instruments are duly executed, original, genuine and in due and proper form, and (c) all other material documents and information relating to such Residential Loan in the possession or control of Seller or its Affiliates or Representatives.
Loan File. Seller has provided Buyer with access to copies of the Loan File. BUYER UNDERSTANDS AND ACKNOWLEDGES THAT, ALTHOUGH SELLER HAS ATTEMPTED TO PROVIDE BUYER ACCESS TO INFORMATION IN SELLER’S POSSESSION WHICH SELLER BELIEVED COULD BE RELEVANT, THE LOAN FILE WAS NOT PREPARED FOR BUYER OR TO BE RELIED UPON BY BUYER, THAT IT MAY BE INCOMPLETE AND OUTDATED AND MAY CONTAIN ERRORS, OMISSIONS, AND INACCURATE AND CONFLICTING INFORMATION, AND THAT SELLER HAS NOT ATTEMPTED TO VERIFY, CORRECT OR RECONCILE THE INFORMATION IN THE LOAN FILE. EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 4, BUYER UNDERSTANDS AND ACKNOWLEDGES THAT ANY REPORT OR DOCUMENT IN THE LOAN FILE WHICH MAY BE PROVIDED BY SELLER IS BEING PROVIDED WITHOUT REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY OR SUFFICIENCY OF THE FACTS, ASSUMPTIONS OR CONCLUSIONS CONTAINED THEREIN; AND BUYER HEREBY WAIVES, RELEASES AND AGREES NEVER TO ASSERT ANY CLAIMS AGAINST SELLER, ITS RESPECTIVE REPRESENTATIVES OR THE PREPARERS OF THE LOAN FILE WHICH COULD BE ALLEGEDLY BASED UPON RELIANCE ON THE LOAN FILE. BUYER HAS BEEN AND IS HEREBY EXPRESSLY ADVISED BY SELLER TO CONDUCT AN INDEPENDENT INVESTIGATION WITH RESPECT TO THE IDENTIFICATION AND SUFFICIENCY OF THE COLLATERAL, THE VALUE AND CONDITION OF THE COLLATERAL, THE LIEN PRIORITY AND PERFECTION OF THE LOAN DOCUMENTS (INCLUDING, WITHOUT LIMITATION, OBTAINING TITLE SEARCHES AND/OR, IF OBTAINABLE, LENDER’S TITLE POLICY ENDORSEMENTS OR NEW LENDER’S TITLE POLICIES IN CONNECTION WITH THE COLLATERAL), THE FINANCIAL CONDITION AND MANAGEMENT ABILITY OF ANY CREDIT PARTY, THE VALIDITY AND ENFORCEABILITY OF THE LOAN DOCUMENTS AND ALL OTHER MATTERS) WHICH COULD AFFECT THE COLLECTABILITY AND VALUE OF THE NOTE AND OTHER LOAN DOCUMENTS, THE ASSIGNED RIGHTS AND OBLIGATIONS. If the Loan File were made available to Buyer through an electronic data room provided by Seller’s Broker, Seller agrees to maintain Buyer’s access to such electronic data room for at least ten (10) days after Closing.
Loan File. Borrower will, at the time of the assignment thereof to Lender, have in its possession a complete Loan File (which may be in electronic form). In respect of each of the Notes Receivable, Borrower will have delivered to Custodian all documents (all of which may be in electronic form, other than the Note Receivables, which shall be in paper form, with a manually executed original signature) required to be delivered pursuant to Borrower's Request for Loan Advance. Borrower shall maintain, in trust for the benefit of Lender, continuous possession of all documents comprising the Loan File for each Note Receivable assigned to Lender, which have not been delivered to Lender (or to a custodian for Lender) and shall deliver to Lender (or to a custodian for Lender) a copy of any documents in such Loan Files as Lender may request.
Loan File. Lender shall have received copies of the Asset Loan Documents and each Asset Guarantor’s loan file with respect to the Asset Loan Documents.
Loan File. On the Closing Date, Seller shall deliver to Buyer, or its designated custodian, the Loan File with respect to each Transferred Loan sold to Buyer, which shall include the following Loan Documents:
Loan File. On the Closing Date, or in the case of any original assignment documents, as soon as possible but in no event later than sixty (60) days following the Closing Date, Seller shall deliver to Buyer, or its designated custodian, the Loan File with respect to each Residential Loan sold to Buyer, which shall include the following Loan Documents:
Loan File. With respect to any Account, the file delivered to WOFC by the Company, which file shall contain the data entry worksheet in a form substantially similar to Exhibit "B" attached hereto, the Borrower application, the retail installment sales contract, closed end lease agreement, promissory note and/or security agreement which are related to the Account, and such other information as the Company shall supply.
Loan File. Each and every Loan File relating to a Transferred Loan contains (a) in all material respects, true, correct and complete copies of all Loan Documents evidencing, securing, governing or otherwise relating to each Transferred Loan, the originals of which were duly executed, original, genuine and in due and proper form, (b) with respect to promissory notes and guarantees, such documents and instruments are duly executed, original (except as provided in Section 5.2(a)), genuine and in due and proper form, (c) in all material respects, true, correct and complete copies of each of the documents and instruments required to be maintained by all Applicable Laws and this Agreement, the originals of which were duly executed, original, genuine and in due and proper form, and (d) all other material documents and information relating to such Transferred Loan in the possession or control of Seller or its Affiliates or Representatives.
Loan File. Within three (3) Business Days of the Closing Date, Assignor will provide to Assignee true, correct and complete copies of all agreements, and shall have taken commercially reasonable efforts to identify and deliver to Assignee, all other documents, correspondence and all other materials or information, pertaining to the Obligations, the Financing Agreements, and the transactions contemplated hereby or thereby that is in the possession of Assignor.
