Common use of CERTAIN CHARACTERISTICS Clause in Contracts

CERTAIN CHARACTERISTICS. (A) Each Receivable had a remaining maturity, as of the Cutoff Date, of at least 2 months but not more than 240 months; (B) each Receivable had an original maturity of at least 12 months but not more than 240 months; (C) each Receivable had an original principal balance of at least $$1,313.31 and not more than $889,770.23; (D) each Receivable had a Principal Balance as of the Cutoff Date of at least $153.62 and not more than $873,403.15; (E) as of the Cutoff Date, each Receivable has an Annual Percentage Rate of at least 4.00% and not more than 18.50%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured as of the Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the Transferor, any Dealer, or any Person acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph (xxv) above; (H) as of the Cutoff Date, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS); and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1% of the Initial Pool Balance. For purposes of determining whether the Transferor is obligated to purchase a Receivable on account of a breach of a representation and warranty pursuant to this Section 3.01 or indemnify in respect of such breach pursuant to the last paragraph of this Section 3.01, the determination as to whether a representation or warranty that is made to the knowledge of the Transferor has been breached shall be made without regard to such knowledge of the Transferor as if such representation and warranty were not qualified by the knowledge of the Transferor.

Appears in 1 contract

Sources: Transfer Agreement (Deutsche Recreational Asset Funding Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 6 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 1,700.00 and not more than $889,770.2346,089.55; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 505.45 and not more than $873,403.1545,975.35; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.008.25% and not more than 18.5023.95%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before December 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1998; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 15.99% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 84.01% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles; (K) not more than 70% of the Aggregate Principal Balance as of the Initial Cutoff Date was attributable to loans originated under AFL's "Classic" program (excluding loans for the purchase of repossessed automobiles that would otherwise be deemed originated under the "Classic" program); (L) not more than 3% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21%; (M) none of such breach pursuant to the last paragraph Receivables represented loans in excess of this Section 3.01, the determination as to whether a representation or warranty that is made to the knowledge $50,000.00; (N) not more than .16% of the Transferor has been breached shall be made without regard to Aggregate Principal Balance of such knowledge Receivables represented loans with original terms greater than 72 months; and (O) not more than 2.0% of the Transferor as if Aggregate Principal Balance of such representation and warranty were not qualified Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the knowledge of the Transferorcurrent Obligor.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 3,999.00 and not more than $889,770.2362,999.96; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 572.71 and not more than $873,403.1562,999.96; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.008.00% and not more than 18.5024.90%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before December 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1999; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 14.79% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 85.21% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles; (K) not more than 4.00% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21.00%; (L) not more than 0.25% of such breach pursuant Receivables represented loans in excess of $50,000.00; (M) not more than 3.00% of the Aggregate Principal Balance of such Receivables represented loans with original terms greater than 72 months; and (N) not more than 0.25% of the Aggregate Principal Balance of such Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the current Obligor. SCHEDULE B SERVICING POLICIES AND PROCEDURES NOTE: APPLICABLE TIME PERIODS WILL VARY BY STATE. I. PAST DUE PAYMENT COLLECTIONS A. Past due payment notices are generated and sent on the 9th and 15th day of delinquency. B. The collection officer will make at least one phone call by day 10. C. The collection officer will write a personalized collection letter by day 15 and will have made at least two collection phone calls. D. The collection officer will make at least two (2) more phone calls and write at least one (1) more letter between days 15 and 30. E. The collection officer will send a final demand letter on or about 31 days past due. The letter will allow 10 days to bring the last paragraph account current. F. The collection officer will recommend either repossession, or some form of this Section 3.01reasonable forbearance (e.g., one extension in exchange for a partial payment for cooperative debtors). All phone calls and correspondence will require a brief handwritten comment in the credit file. The date of each comment and the officer's initials will be documented. II. PAYMENT EXTENSIONS Extensions of monthly payments must be granted only after careful consideration and analysis. The extension is not to be used to mask delinquencies, but rather assist in the collection and correction of verifiable and legitimate customer problems. All extensions or modifications require the prior approval of the Branch Manager. In the absence of the Branch Manager, the determination as Executive Vice President's or the President's approval is required. Possible qualifications for extensions to whether a representation or warranty that cooperative and trustworthy customers include: (a) Medical problems - verifiable; (b) Temporary work loss - verifiable; (c) Pending insurance claim - verifiable; or (d) Bankruptcy trustee cram down. III. REPOSSESSIONS Repossessions of the collateral is only to be pursued after exhausting all other collection efforts. Once the decision is made to attempt repossession, the knowledge of the Transferor has been breached shall following process is to be made without regard to such knowledge of the Transferor as if such representation and warranty were not qualified by the knowledge of the Transferor.utilized:

Appears in 1 contract

Sources: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 6 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 3,104.80 and not more than $889,770.2350,853.05; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 547.78 and not more than $873,403.1550,853.05; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.007.74% and not more than 18.5023.45%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before March 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1999; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 13.07% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 86.93% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles; (K) not more than 2.51% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21.00%; (L) 0.03% of such breach pursuant to the last paragraph Receivables represented loans in excess of this Section 3.01, the determination as to whether a representation or warranty that is made to the knowledge $50,000.00; (M) not more than 0.31% of the Transferor has been breached shall be made without regard to Aggregate Principal Balance of such knowledge Receivables represented loans with original terms greater than 72 months; and (N) not more than 2.76% of the Transferor as if Aggregate Principal Balance of such representation and warranty were not qualified Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the knowledge of the Transferorcurrent Obligor.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 3,800.00 and not more than $889,770.2361,115.23; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 526.88 and not more than $873,403.1561,115.23; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.007.00% and not more than 18.5023.99%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before September 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1999; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 13.31% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 86.69% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify in respect loans for the purchase of used Financed Vehicles; (K) not more than 4.00% of the Aggregate Principal Balance of such breach pursuant Receivables will be attributable to the last paragraph Receivables with an Annual Percentage Rate in excess of this Section 3.0121.00%, the determination as to whether a representation or warranty that is made to the knowledge (L) not more than 0.25% of the Transferor has been breached shall be made without regard to Aggregate Principal Balance of such knowledge Receivables will represent loans on Financed Vehicles in excess of $50,000.00, (M) not more than 3.00% of the Transferor as if Aggregate Principal Balance of such representation Receivables will represent loans with original terms greater than 72 months and warranty were (N) not qualified by the knowledge more than 0.25% of the TransferorAggregate Principal Balance of such Receivables will represent loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the current Obligor.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 610.00 and not more than $889,770.2377,071.93; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 507.54 and not more than $873,403.1576,619.22; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.007.50% and not more than 18.5023.45%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; , (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before June 1,1997, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS); and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Cutoff Date. As of the Initial Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1(J) 17.25% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 82.75% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles, (K) not more than 49% of the Principal Balance as of the Initial Cutoff Date was attributable to loans originated under OFL's "Classic" program, (L) not more than 2% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21%, (M) not more than 0.25% of the Principal Balance of such breach pursuant Receivables represented loans in excess of $50,000.00, (N) not more than 0.4% of the Principal Balance of such Receivables represented loans with original terms greater than 72 months and (O) not more than 5.0% of the Principal Balance of such Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by OFL with an obligor other than the current Obligor. SCHEDULE B SERVICING POLICIES AND PROCEDURES NOTE: APPLICABLE TIME PERIODS WILL VARY BY STATE. I. PAST DUE PAYMENT COLLECTIONS A. Past due payment notices are generated and sent on the 9th and 15th day of delinquency. B. The collection officer will make at least one phone call by day 10. C. The collection officer will write a personalized collection letter by day 15 and will have made at least two collection phone calls. D. The collection officer will make at least two (2) more phone calls and write at least one (1) more letter between days 15 and 30. E. The collection officer will send a final demand letter on or about 31 days past due. The letter will allow 10 days to bring the last paragraph account current. F. The collection officer will recommend either repossession, or some form of this Section 3.01reasonable forbearance (e.g., one extension in exchange for a partial payment for cooperative debtors). All phone calls and correspondence will require a brief handwritten comment in the credit file. The date of each comment and the officer's initials will be documented. II. PAYMENT EXTENSIONS Extensions of monthly payments must be granted only after careful consideration and analysis. The extension is not to be used to mask delinquencies, but rather assist in the collection and correction of verifiable and legitimate customer problems. All extensions or modifications require the prior approval of the Branch Manager. In the absence of the Branch Manager, the determination as Executive Vice President's or the President's approval is required. Possible qualifications for extensions to whether a representation or warranty that cooperative and trustworthy customers include: (a) Medical problems - verifiable; (b) Temporary work loss - verifiable; (c) Pending insurance claim - verifiable; or (d) Bankruptcy trustee cram down. III. REPOSSESSIONS Repossessions of the collateral is only to be pursued after exhausting all other collection efforts. Once the decision is made to attempt repossession, the knowledge of the Transferor has been breached shall following process is to be made without regard to such knowledge of the Transferor as if such representation and warranty were not qualified by the knowledge of the Transferor.utilized:

Appears in 1 contract

Sources: Sale and Servicing Agreement (Olympic Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 6 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 3,104.80 and not more than $889,770.2350,853.05; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 547.78 and not more than $873,403.1550,853.05; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.007.74% and not more than 18.5023.45%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before March 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1999; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 13.07% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 86.93% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles; (K) not more than 2.51% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21.00%; (L) 0.03% of such breach pursuant to the last paragraph Receivables represented loans in excess of this Section 3.01, the determination as to whether a representation or warranty that is made to the knowledge $50,000.00; (M) not more than 0.31% of the Transferor has been breached shall be made without regard to Aggregate Principal Balance of such knowledge Receivables represented loans with original terms greater than 72 months; and (N) not more than 2.76% of the Transferor as if Aggregate Principal Balance of such representation Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the current Obligor. SCHEDULE B SERVICING POLICIES AND PROCEDURES NOTE: APPLICABLE TIME PERIODS WILL VARY BY STATE. I. PAST DUE PAYMENT COLLECTIONS A. Past due payment notices are generated and warranty were not qualified by sent on the knowledge 9th and 15th day of the Transferordelinquency.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 three months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 six months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 1,044.70 and not more than $889,770.23; 41,653.54 (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 517.41 and not more than $873,403.15; 41,653.54 (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.008.00% and not more than 18.5024.00%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; , (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before June 1, other than California (19.74%)1998, Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS); and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Cutoff Date. As of the Initial Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1(J) 11.34% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 88.66% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles, (K) not more than 66.4% of the Principal Balance as of the Initial Cutoff Date was attributable to loans originated under AFL's "Classic" program, (L) not more than 3.4% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21.0%, (M) none of such breach pursuant Receivables represented loans in excess of $50,000.00, (N) not more than 0.6% of the Principal Balance of such Receivables represented loans with original terms greater than 72 months and (O) not more than 4.3% of the Principal Balance of such Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the current Obligor. SCHEDULE B SERVICING POLICIES AND PROCEDURES NOTE: APPLICABLE TIME PERIODS WILL VARY BY STATE. I. PAST DUE PAYMENT COLLECTIONS A. Past due payment notices are generated and sent on the 9th and 15th day of delinquency. B. The collection officer will make at least one phone call by day 10. C. The collection officer will write a personalized collection letter by day 15 and will have made at least two collection phone calls. D. The collection officer will make at least two (2) more phone calls and write at least one (1) more letter between days 15 and 30. E. The collection officer will send a final demand letter on or about 31 days past due. The letter will allow 10 days to bring the last paragraph account current. F. The collection officer will recommend either repossession, or some form of this Section 3.01reasonable forbearance (e.g., one extension in exchange for a partial payment for cooperative debtors). All phone calls and correspondence will require a brief handwritten comment in the credit file. The date of each comment and the officer's initials will be documented. II. PAYMENT EXTENSIONS Extensions of monthly payments must be granted only after careful consideration and analysis. The extension is not to be used to mask delinquencies, but rather assist in the collection and correction of verifiable and legitimate customer problems. All extensions or modifications require the prior approval of the Branch Manager. In the absence of the Branch Manager, the determination as Executive Vice President's or the President's approval is required. Possible qualifications for extensions to whether a representation or warranty that cooperative and trustworthy customers include: (a) Medical problems - verifiable; (b) Temporary work loss - verifiable; (c) Pending insurance claim - verifiable; or (d) Bankruptcy trustee cram down. III. REPOSSESSIONS Repossessions of the collateral is only to be pursued after exhausting all other collection efforts. Once the decision is made to attempt repossession, the knowledge of the Transferor has been breached shall following process is to be made without regard to such knowledge of the Transferor as if such representation and warranty were not qualified by the knowledge of the Transferor.utilized:

Appears in 1 contract

Sources: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 6 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 1,700.00 and not more than $889,770.2346,089.55; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 505.45 and not more than $873,403.1545,975.35; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.008.25% and not more than 18.5023.95%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before December 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1998; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 15.99% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 84.01% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles; (K) not more than 70% of the Aggregate Principal Balance as of the Initial Cutoff Date was attributable to loans originated under AFL's "Classic" program (excluding loans for the purchase of repossessed automobiles that would otherwise be deemed originated under the "Classic" program); (L) not more than 3% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21%; (M) none of such breach pursuant to the last paragraph Receivables represented loans in excess of this Section 3.01, the determination as to whether a representation or warranty that is made to the knowledge $50,000.00; (N) not more than .16% of the Transferor has been breached shall be made without regard to Aggregate Principal Balance of such knowledge Receivables represented loans with original terms greater than 72 months; and (O) not more than 2.0% of the Transferor as if Aggregate Principal Balance of such representation Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the current Obligor. SCHEDULE B SERVICING POLICIES AND PROCEDURES NOTE: APPLICABLE TIME PERIODS WILL VARY BY STATE. I. PAST DUE PAYMENT COLLECTIONS A. Past due payment notices are generated and warranty were not qualified by sent on the knowledge 9th and 15th day of the Transferordelinquency.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 6 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 4,217.81 and not more than $889,770.2339,491.20; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 502.35 and not more than $873,403.1539,299.11; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.007.50% and not more than 18.5023.00%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before February 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1999; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 18.1% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 819% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles; (K) not more than 2.44% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21%; (L) none of such breach pursuant to the last paragraph Receivables represented loans in excess of this Section 3.01, the determination as to whether a representation or warranty that is made to the knowledge $50,000.00; (M) not more than 0.4% of the Transferor has been breached shall be made without regard to Aggregate Principal Balance of such knowledge Receivables represented loans with original terms greater than 72 months; and (N) not more than 2.72% of the Transferor as if Aggregate Principal Balance of such representation Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the current Obligor. SCHEDULE B SERVICING POLICIES AND PROCEDURES NOTE: APPLICABLE TIME PERIODS WILL VARY BY STATE. I. PAST DUE PAYMENT COLLECTIONS A. Past due payment notices are generated and warranty were not qualified by sent on the knowledge 9th and 15th day of the Transferordelinquency.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 610.00 and not more than $889,770.2377,071.93; (D) each D)each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 507.54 and not more than $873,403.1576,619.22; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.007.50% and not more than 18.5023.45%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; , (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before June 1, other than California (19.74%)1997, Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS); and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Cutoff Date. As of the Initial Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1(J) 17.25% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 82.75% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles, (K) not more than 49% of the Principal Balance as of the Initial Cutoff Date was attributable to loans originated under OFL's "Classic" program, (L) not more than 2% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21%, (M) not more than 0.25% of the Principal Balance of such breach pursuant to the last paragraph Receivables represented loans in excess of this Section 3.01$50,000, the determination as to whether a representation or warranty that is made to the knowledge (N) not more than 0.40% of the Transferor has been breached shall be made without regard to Principal Balance of such knowledge Receivables represented loans with original terms greater than 72 months and (O) not more than 5.0% of the Transferor as if Principal Balance of such representation and warranty were not qualified Receivables represented loans secured by the knowledge of the Transferor.Financed

Appears in 1 contract

Sources: Receivables Purchase Agreement (Olympic Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 6 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 4,217.81 and not more than $889,770.2339,491.20; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 502.35 and not more than $873,403.1539,299.11; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.007.50% and not more than 18.5023.00%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before February 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1999; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 18.1% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 81.9% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles; (K) not more than 2.44% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21%; (L) none of such breach pursuant to the last paragraph Receivables represented loans in excess of this Section 3.01, the determination as to whether a representation or warranty that is made to the knowledge $50,000.00; (M) not more than 0.4% of the Transferor has been breached shall be made without regard to Aggregate Principal Balance of such knowledge Receivables represented loans with original terms greater than 72 months; and (N) not more than 2.72% of the Transferor as if Aggregate Principal Balance of such representation and warranty were not qualified Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the knowledge of the Transferorcurrent Obligor.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 3,999.00 and not more than $889,770.2362,999.96; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 572.71 and not more than $873,403.1562,999.96; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.008.00% and not more than 18.5024.90%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before December 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1999; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 14.79% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 85.21% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify in respect loans for the purchase of used Financed Vehicles; (K) not more than 4.00% of the Aggregate Principal Balance of such breach pursuant Receivables will be attributable to the last paragraph Receivables with an Annual Percentage Rate in excess of this Section 3.0121.00%, the determination as to whether a representation or warranty that is made to the knowledge (L) not more than 0.25% of the Transferor has been breached shall be made without regard to Aggregate Principal Balance of such knowledge Receivables will represent loans on Financed Vehicles in excess of $50,000.00, (M) not more than 3.00% of the Transferor as if Aggregate Principal Balance of such representation Receivables will represent loans with original terms greater than 72 months and warranty were (N) not qualified by the knowledge more than 0.25% of the TransferorAggregate Principal Balance of such Receivables will represent loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the current Obligor.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 three months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 six months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 1,500.00 and not more than $889,770.2338,613.19; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 784.98 and not more than $873,403.1538,613.19; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.008.50% and not more than 18.5024.00%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before September 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1998; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 12.32% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 87.68% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles; (K) not more than 73% of the Aggregate Principal Balance as of the Initial Cutoff Date was attributable to loans originated under AFL's "Classic" program (excluding loans for the purchase of repossessed automobiles that would otherwise be deemed originated under the "Classic" program); (L) not more than 3.0% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21.0%; (M) none of such breach pursuant Receivables represented loans in excess of $50,000.00; (N) not more than 0.15% of the Aggregate Principal Balance of such Receivables represented loans with original terms greater than 72 months; and (O) not more than 4.0% of the Aggregate Principal Balance of such Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the current Obligor. SCHEDULE B SERVICING POLICIES AND PROCEDURES NOTE: APPLICABLE TIME PERIODS WILL VARY BY STATE. I. PAST DUE PAYMENT COLLECTIONS A. Past due payment notices are generated and sent on the 9th and 15th day of delinquency. B. The collection officer will make at least one phone call by day 10. C. The collection officer will write a personalized collection letter by day 15 and will have made at least two collection phone calls. D. The collection officer will make at least two (2) more phone calls and write at least one (1) more letter between days 15 and 30. E. The collection officer will send a final demand letter on or about 31 days past due. The letter will allow 10 days to bring the last paragraph account current. F. The collection officer will recommend either repossession, or some form of this Section 3.01reasonable forbearance (e.g., one extension in exchange for a partial payment for cooperative debtors). All phone calls and correspondence will require a brief handwritten comment in the credit file. The date of each comment and the officer's initials will be documented. II. PAYMENT EXTENSIONS Extensions of monthly payments must be granted only after careful consideration and analysis. The extension is not to be used to mask delinquencies, but rather assist in the collection and correction of verifiable and legitimate customer problems. All extensions or modifications require the prior approval of the Branch Manager. In the absence of the Branch Manager, the determination as Executive Vice President's or the President's approval is required. Possible qualifications for extensions to whether a representation or warranty that cooperative and trustworthy customers include: (a) Medical problems - verifiable; (b) Temporary work loss - verifiable; (c) Pending insurance claim - verifiable; or (d) Bankruptcy trustee cram down. III. REPOSSESSIONS Repossessions of the collateral is only to be pursued after exhausting all other collection efforts. Once the decision is made to attempt repossession, the knowledge of the Transferor has been breached shall following process is to be made without regard to such knowledge of the Transferor as if such representation and warranty were not qualified by the knowledge of the Transferor.utilized:

Appears in 1 contract

Sources: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 3,129.00 and not more than $889,770.2349,772.31; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 554.48 and not more than $873,403.1549,772.31; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.007.50% and not more than 18.5023.99%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before June 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1999; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 13.02% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 86.98% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles; (K) not more than 3.64% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21.00%; (L) none of such breach pursuant to the last paragraph Receivables represented loans in excess of this Section 3.01, the determination as to whether a representation or warranty that is made to the knowledge $50,000.00; (M) not more than 0.05% of the Transferor has been breached shall be made without regard to Aggregate Principal Balance of such knowledge Receivables represented loans with original terms greater than 72 months; and (N) not more than 1.21% of the Transferor as if Aggregate Principal Balance of such representation and warranty were not qualified Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the knowledge of the Transferorcurrent Obligor.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 3,129.00 and not more than $889,770.2349,772.31; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 554.48 and not more than $873,403.1549,772.31; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.007.50% and not more than 18.5023.99%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before June 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1999; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 13.02% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 86.98% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles; (K) not more than 3.64% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21.00%; (L) none of such breach pursuant to the last paragraph Receivables represented loans in excess of this Section 3.01, the determination as to whether a representation or warranty that is made to the knowledge $50,000.00; (M) not more than 0.05% of the Transferor has been breached shall be made without regard to Aggregate Principal Balance of such knowledge Receivables represented loans with original terms greater than 72 months; and (N) not more than 1.21% of the Transferor as if Aggregate Principal Balance of such representation Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the current Obligor. SCHEDULE B SERVICING POLICIES AND PROCEDURES NOTE: APPLICABLE TIME PERIODS WILL VARY BY STATE. I. PAST DUE PAYMENT COLLECTIONS A. Past due payment notices are generated and warranty were not qualified by sent on the knowledge 9th and 15th day of the Transferordelinquency.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Initial Receivable had a remaining maturity, as of the Initial Cutoff Date, of at least 2 3 months but not more than 240 84 months; (B) each Initial Receivable had an original maturity of at least 12 months but not more than 240 84 months; (C) each Initial Receivable had an original principal balance of at least $$1,313.31 3,800.00 and not more than $889,770.2361,115.23; (D) each Initial Receivable had a remaining Principal Balance as of the Initial Cutoff Date of at least $153.62 526.88 and not more than $873,403.1561,115.23; (E) as of the Cutoff Date, each Initial Receivable has an Annual Percentage Rate of at least 4.007.00% and not more than 18.5023.99%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured no Initial Receivable was more than 30 days past due as of the Initial Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorSeller, the Servicer, any Dealer, or any Person anyone acting on behalf of any of them in order to cause any Transferor Receivable to qualify under paragraph clause (xxvF) above; (H) as of the Cutoff Dateno Initial Receivable has a final scheduled payment date on or before September 1, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS)1999; and (I) the Principal Balance of each Transferor Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Initial Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1; (J) 13.31% of the Initial Pool Balance. For purposes Receivables, by principal balance as of determining whether the Transferor is obligated Initial Cutoff Date, was attributable to loans for the purchase a Receivable on account of a breach new Financed Vehicles and 86.69% of a representation and warranty pursuant the Initial Receivables was attributable to this Section 3.01 or indemnify loans for the purchase of used Financed Vehicles; (K) not more than 4.00% of the Principal Balance of the Initial Receivables as of the Initial Cutoff Date had an Annual Percentage Rate in respect excess of 21.00%; (L) not more than 0.25% of such breach pursuant Receivables represented loans in excess of $50,000.00; (M) not more than 3.00% of the Aggregate Principal Balance of such Receivables represented loans with original terms greater than 72 months; and (N) not more than 0.25% of the Aggregate Principal Balance of such Receivables represented loans secured by Financed Vehicles that previously secured a loan originated by AFL with an obligor other than the current Obligor. SCHEDULE B SERVICING POLICIES AND PROCEDURES NOTE: APPLICABLE TIME PERIODS WILL VARY BY STATE. I. PAST DUE PAYMENT COLLECTIONS A. Past due payment notices are generated and sent on the 9th and 15th day of delinquency. B. The collection officer will make at least one phone call by day 10. C. The collection officer will write a personalized collection letter by day 15 and will have made at least two collection phone calls. D. The collection officer will make at least two (2) more phone calls and write at least one (1) more letter between days 15 and 30. E. The collection officer will send a final demand letter on or about 31 days past due. The letter will allow 10 days to bring the last paragraph account current. F. The collection officer will recommend either repossession, or some form of this Section 3.01reasonable forbearance (e.g., one extension in exchange for a partial payment for cooperative debtors). All phone calls and correspondence will require a brief handwritten comment in the credit file. The date of each comment and the officer's initials will be documented. II. PAYMENT EXTENSIONS Extensions of monthly payments must be granted only after careful consideration and analysis. The extension is not to be used to mask delinquencies, but rather assist in the collection and correction of verifiable and legitimate customer problems. All extensions or modifications require the prior approval of the Branch Manager. In the absence of the Branch Manager, the determination as Executive Vice President's or the President's approval is required. Possible qualifications for extensions to whether a representation or warranty that cooperative and trustworthy customers include: (a) Medical problems - verifiable; (b) Temporary work loss - verifiable; (c) Pending insurance claim - verifiable; or (d) Bankruptcy trustee cram down. III. REPOSSESSIONS Repossessions of the collateral is only to be pursued after exhausting all other collection efforts. Once the decision is made to attempt repossession, the knowledge following process is to be utilized: (a) Decision on repossession. (b) If the customer is cooperative, attempt repossession by Servicer personnel. If uncooperative or unable to locate, utilize a third party collection agency. (c) Once secured, complete an inventory of personal belongings and brief condition report on the Transferor vehicle. Return the property to the customer and obtain a signed statement of inventory receipt. (d) If the repossession is involuntary, notify the police department in the city where the repossession occurred. (e) Notify the originating dealership of repossession as soon as possible and request a refund of all rebateable dealer adds. (f) Send written notification to the customer regarding a 10-day notice to redeem the loan. (g) Decide on proper method of liquidation and plan for sale after the 10-day redemption period has been breached shall be made without regard expired. (h) If consignment, set 21-day maximum term with the dealership, after which time, if unsold, the vehicle is returned to such knowledge the Servicer. If wholesale, contact the appropriate auction company to make arrangements for immediate sale. If private sale, place advertisements in the proper media and attempt to liquidate within one week. (i) After the collateral is liquidated, send the debtor a letter stating the amount of deficiency. Continued collection efforts will take the Transferor as if such representation form of voluntary payments or involuntary payments via judgment, garnishment, and warranty were not qualified by the knowledge of the Transferorlevy.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

CERTAIN CHARACTERISTICS. (A) Each Receivable had a remaining maturity, as of the Cutoff Date, of at least 2 months but not more than 240 months; (B) each Receivable had an original maturity of at least 12 months but not more than 240 months; (C) each Receivable had an original principal balance of at least $$1,313.31 and not more than $889,770.23; (D) each Receivable had a Principal Balance as of the Cutoff Date of at least $153.62 and not more than $873,403.15; (E) as of the Cutoff Date, each Receivable has an Annual Percentage Rate of at least 4.00% and not more than 18.50%; (F) approximately 50.52% of the aggregate Principal Balance of the Receivables (measured as of the Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles at the time such Receivables were originated; (G) no funds have been advanced by the TransferorDFS, any Dealer, or any Person acting on behalf of any of them in order to cause any Transferor DFS Receivable to qualify under paragraph (xxv) above; (H) as of the Cutoff Date, other than California (19.74%), Florida (9.20%), Oregon (6.93%) and Texas (11.06%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS); and (I) the Principal Balance of each Transferor DFS Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1% of the Initial Pool Balance. For purposes of determining whether the Transferor DFS is obligated to purchase a Receivable on account of a breach of a representation and warranty pursuant to this Section 3.01 or indemnify in respect of such breach pursuant to the last paragraph of this Section 3.01, the determination as to whether a representation or warranty that is made to the knowledge of the Transferor DFS has been breached shall be made without regard to such knowledge of the Transferor DFS as if such representation and warranty were not qualified by the knowledge of DFS. Upon discovery by any party hereto of a breach of any of the Transferor.representations and warranties of DFS set forth in this Section, which materially and adversely affects the value of the Receivables or the interest therein of the Issuer or the Indenture Trustee (or which materially and adversely affects the interest of the Issuer or the Indenture Trustee

Appears in 1 contract

Sources: Transfer Agreement (Deutsche Recreational Asset Funding Corp)

CERTAIN CHARACTERISTICS. (A) Each Receivable had a ----------------------- remaining maturity, as of the Cutoff Date, of at least 2 11 months but not more than 240 months; (B) each Receivable had an original maturity of at least 12 24 months but not more than 240 months; (C) each Receivable had an original principal balance of at least $$1,313.31 2,701.25 and not more than $889,770.231,100,545; (D) each Receivable had a Principal Balance as of the Cutoff Date of at least $153.62 175.99 and not more than $873,403.151,097,328.01; (E) as of the Cutoff Date, each Receivable has an Annual Percentage Rate of at least 4.002.75% and not more than 18.5015.25%; (F) approximately 50.5252.23% of the aggregate Principal Balance of the Receivables (measured as of the Cutoff Date), constituting 56.18% of the number of such Receivables, were secured by used Financed Vehicles Boats at the time such Receivables were originated; (G) no funds have been advanced by the TransferorDFS, any Dealer, or any Person acting on behalf of any of them in order to cause any Transferor DFS Receivable to qualify under paragraph (xxv) above; (H) as of the Cutoff Date, other than California (19.7421.99%), New York (14.25%), Texas (12.37%), Florida (9.20%), Oregon (6.939.28%) and Texas Washington (11.065.12%), no State represented more than 5% of the Initial Pool Balance with respect to the billing addresses of the Obligors (as determined by reference to the records of DFS); and (I) the Principal Balance of each Transferor DFS Receivable set forth in Schedule of Receivables is true and accurate in all material respects as of the Cutoff Date. As of the Cutoff Date, the sum of the Principal Balances of the Receivables which are Step Rate Receivables does not exceed 1approximately 1.03% of the Initial Pool Balance. For purposes of determining whether the Transferor DFS is obligated to purchase a Receivable on account of a breach of a representation and warranty pursuant to this Section 3.01 or indemnify in respect of such breach pursuant to the last paragraph of this Section 3.01, the determination as to whether a representation or warranty that is made to the knowledge of the Transferor DFS has been breached shall be made without regard to such knowledge of the Transferor DFS as if such representation and warranty were not qualified by the knowledge of the TransferorDFS.

Appears in 1 contract

Sources: Transfer Agreement (Deutsche Recreational Asset Funding Corp)