Common use of Characteristics of Receivables Clause in Contracts

Characteristics of Receivables. Each Receivable (A) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by a validly perfected enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party in the Financed Equipment, which security interest is assignable by the Seller to the Purchaser, by the Purchaser to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliates, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security and (D) provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to fully amortize the Amount Financed by maturity and pay finance charges at the Annual Percentage Rate over the original term of the Receivable.

Appears in 30 contracts

Samples: Asset Representations Review Agreement (John Deere Owner Trust 2016), Asset Representations Review Agreement (John Deere Owner Trust 2020), Asset Representations Review Agreement (John Deere Owner Trust 2016)

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Characteristics of Receivables. Each Receivable (A) was originated in (i) by AmeriCredit, (ii) by an Originating Affiliate and was validly assigned by such Originating Affiliate to AmeriCredit or (iii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment, (B) was originated by AmeriCredit, such Originating Affiliate or such Dealer for the United States retail sale of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) a Financed Vehicle in the ordinary course of business AmeriCredit’s, such Originating Affiliate’s or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of Dealer’s business, in each case was originated in connection accordance with the retail sale by a Dealer of Financed Equipment in the ordinary course of such DealerAmeriCredit’s business, credit policies and was fully and properly executed by the parties thereto, was purchased by and AmeriCredit, each Originating Affiliate and each Dealer had all necessary licenses and permits to originate Receivables in the Seller from state where AmeriCredit, each such Originating Parties under an existing agreement with the Originating Parties, and Affiliate or each such Dealer was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by a validly perfected enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party in the Financed Equipment, which security interest is assignable by the Seller to the Purchaser, by the Purchaser to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliateslocated, (C) contains customary and enforceable provisions such that as to render the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security and security, (D) is a Receivable which provides for fixed level monthly payments on a periodic basis(provided that the period in the first Collection Period and the payment in the final Collection Period of the Receivable may be minimally different from the normal period and level payment) which, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to if made when due, shall fully amortize the Amount Financed by maturity and pay finance charges at the Annual Percentage Rate over the original term of and (E) has not been amended or collections with respect to which waived, other than as evidenced in the ReceivableReceivable File or the Servicer’s electronic records relating thereto.

Appears in 10 contracts

Samples: Sale and Servicing (AFS SenSub Corp.), Sale and Servicing (AFS SenSub Corp.), Purchase Agreement (AFS SenSub Corp.)

Characteristics of Receivables. Each Receivable is a Retail Installment Contract and: (A) (1) (i) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, and (ii) was purchased by CNHCA from a Dealer and validly assigned by such Dealer to CNHCA in accordance with its terms, except that some of the Receivables were purchased by NH Credit from Dealers (after being originated as provided above), securitized in a previous CNH Equipment Trust and purchased by CNHCA through the exercise of a clean-up call relating to that previous securitization, (2) was originated in the United States of America by CNHCA in connection with the financing or refinancing, as applicable, of Financed Equipment in the ordinary course of CNHCA’s business or (3) (i) was originated in the United States of America in connection with the financing of Financed Equipment in the ordinary course of a Dealer’s business, through a program in which CIT Bank funds installment loans to consumers to enable the consumers to purchase products distributed by such Dealer, and (ii) was purchased by CNHCA from CIT Bank and validly assigned by CIT Bank to CNH in accordance with its terms, and in the case of the foregoing clauses (1), (2) and (3), was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by has created a validly perfected valid, subsisting and enforceable first priority purchase money security interest (as defined in the applicable UCC) Financed Equipment in favor of CNHCA except to the applicable Originating Party in the Financed Equipment, which extent that such security interest is assignable has been assigned by the Seller CNHCA to the PurchaserCNHCR, by the Purchaser CNHCR to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliatesTrustee, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security security, and (D) provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to basis that fully amortize the Amount Financed by maturity and pay finance charges yield interest at the Annual Percentage Rate over the original term of the ReceivableRate.

Appears in 8 contracts

Samples: Purchase Agreement (CNH Equipment Trust 2007-A), B Purchase Agreement (CNH Capital Receivables LLC), Purchase Agreement (CNH Equipment Trust 2009-B)

Characteristics of Receivables. Each Receivable (A) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by a validly perfected enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party in the Financed Equipment, which security interest is assignable by the Seller to the Purchaser, by the Purchaser to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliates, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security and (D) provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to fully amortize the Amount Financed by maturity and pay finance charges at the Annual Percentage Rate over the original term of the Receivable.. ​

Appears in 6 contracts

Samples: Asset Representations Review Agreement (John Deere Owner Trust 2023-B), Asset Representations Review Agreement (John Deere Owner Trust 2023-B), Asset Representations Review Agreement (John Deere Owner Trust 2023-C)

Characteristics of Receivables. Each Receivable (A) was originated in the United States of America by Deere & Company or Xxxx Jxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by a validly perfected enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party in the Financed Equipment, which security interest is assignable by the Seller to the Purchaser, by the Purchaser to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliates, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security and (D) provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to fully amortize the Amount Financed by maturity and pay finance charges at the Annual Percentage Rate over the original term of the Receivable.

Appears in 4 contracts

Samples: Asset Representations Review Agreement (Deere John Capital Corp), Asset Representations Review Agreement (John Deere Receivables LLC), Asset Representations Review Agreement (Deere John Capital Corp)

Characteristics of Receivables. Each Receivable Receivable: (A) (1) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer or lease of Financed Equipment in the ordinary course of such Dealer’s 's business, was purchased by the Originator from a Dealer and was validly assigned by such Dealer to the Originator in accordance with its terms, or (2) was originated in the United States of America by Credit in connection with the financing or lease of Financed Equipment in the ordinary course of Credit's business and, in either case, was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by has created a validly perfected valid, subsisting and enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party Originator in the Financed Equipment, which security interest is assignable by the Seller Originator to the Purchaser, by the Purchaser to the Issuing Entity Issuer and by the Issuing Entity Issuer to the Indenture Trustee and which Trustee, except that (x) no security interest has priority over against the Obligor is created in True Lease Equipment, and (y) the Originator makes no representation or warranty as to any such security interest granted by any Dealer to secure the Dealer's obligations to make payments in the Financed Equipment granted in favor respect of the Seller or any of its affiliatesTermination Values, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security security, and (D) (i) in the case of Retail Installment Contracts, provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to basis that fully amortize the Amount Financed by maturity and pay finance charges yield interest at the Annual Percentage Rate over Rate, and (ii) in the original term case of any Contracts sold, or to be sold, hereunder that are Leases, provides for fixed payments on a periodic basis that fully amortize the Amount Financed by maturity and yield interest at the Annual Percentage Rate, except that any Contracts sold, or to be sold, hereunder that are Leases also provide for payments of the Receivablerelated Termination Values.

Appears in 2 contracts

Samples: Purchase Agreement (Case Receivables Ii Inc), Purchase Agreement (Case Receivables Ii Inc)

Characteristics of Receivables. Each Receivable (A) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, Parties and was validly assigned by such Originating Parties, Parties to the Seller in accordance with its terms, (B) is secured by a validly perfected enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party in the Financed Equipment, which security interest is assignable by the Seller to the Purchaser, by the Purchaser to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliates, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security and (D) provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to fully amortize the Amount Financed by maturity and pay finance charges at the Annual Percentage Rate over the original term of the Receivable.

Appears in 2 contracts

Samples: Purchase Agreement (John Deere Receivables, Inc.), Purchase Agreement (John Deere Receivables LLC)

Characteristics of Receivables. Each Receivable (Aa) was shall have been originated (x) in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to for the Originating Parties in the ordinary course consumer or commercial sale of business, in each case in connection with the retail sale by a Dealer of Financed Equipment Vehicle in the ordinary course of such Dealer’s business's business or (y) by the Seller in connection with the refinancing by the Seller of a motor vehicle retail installment sale contract of the type described in subclause (x) above, was shall have been fully and properly executed by the parties thereto, was shall have been purchased by the Seller from such Originating Parties Dealer under an existing agreement Dealer Agreement with the Originating PartiesSeller (unless such Receivable was originated by the Seller in connection with a refinancing), and was shall have been validly assigned by such Originating Parties, Dealer to the Seller in accordance with its termsterms (unless such Receivable was originated by the Seller in connection with a refinancing), (Bb) is secured by shall have created or shall create a validly perfected valid, binding, subsisting, and enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party Seller in the related Financed EquipmentVehicle, which security interest is shall be assignable by the Seller to the Purchaser, by the Purchaser to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliates, (Cc) contains shall contain customary and enforceable provisions such that the rights and remedies of the holder thereof are shall be adequate for realization against the collateral of the benefits of the security and security, (Dd) provides in the case of Standard Receivables, shall provide for fixed level monthly payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments (provided for are sufficient to that the payment in the last month in the life of the Receivable may be different from the level payment) that fully amortize the Amount Financed by maturity and pay finance charges yield interest at the Annual Percentage Rate over APR, (e) in the original term case of Final Payment Receivables, shall provide for a series of fixed level monthly payments and a larger payment due after such level monthly payments that fully amortize the Amount Financed by maturity and yield interest at the APR, (f) shall provide for, in the event that such contract is prepaid, a prepayment that fully pays the Principal Balance and all accrued and unpaid interest thereon, (g) is a retail installment sale contract, (h) is secured by a new or used automobile or light-duty truck, and (i) is an Actuarial Receivable or a Simple Interest Receivable (and may also be a Final Payment Receivable).

Appears in 2 contracts

Samples: Purchase Agreement (Mmca Auto Receivables Trust), Purchase Agreement (Mmca Auto Receivables Trust)

Characteristics of Receivables. Each Receivable (A) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, , and was validly assigned by such Originating Parties, , to the Seller in accordance with its terms, (B) is secured by a validly perfected enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party Parties in the Financed Equipment, which security interest is assignable by the Seller to the PurchaserPurchase, by the Purchaser to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliates, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security and (D) provides for fixed payments on a periodic basis, yields interest at a fixed or variable rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to fully amortize the Amount Financed by maturity and pay finance charges at the Annual Percentage Rate over the original term of the Receivable.. Documents [Retail Note Contract] [Receivable File] U.S. Fixed Rate Contract or U.S. Variable Rate Contract, Physical Damage Insurance Form, Dealer Check List, Dealer Settlement Form UCC documents Procedures to be Performed

Appears in 1 contract

Samples: Asset Representations Review Agreement (John Deere Receivables, Inc.)

Characteristics of Receivables. Each Receivable Receivable: (A) (1) (i) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer or lease of Financed Equipment in the ordinary course of such Dealer’s business, and (ii) was purchased by CNHCA from a Dealer and validly assigned by such Dealer to CNHCA in accordance with its terms, or (2) was originated in the United States of America by CNHCA in connection with the financing or lease of Financed Equipment in the ordinary course of CNHCA’s business and, in each case, was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by has created a validly perfected valid, subsisting and enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party in the Financed Equipment, which security interest is assignable by the Seller to the Purchaser, by the Purchaser to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of CNHCA except to the Seller extent that such security interest has been assigned by CNHCA to CNHCR, by CNHCR to the Issuer and by the Issuer to the Indenture Trustee, except that (x) no security interest against the Obligor is created in True Lease Equipment, and (y) CNHCA makes no representation or warranty as to any such security interest granted by any Dealer to secure the Dealer’s obligations to make payments in respect of its affiliatesTermination Values, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security security, and (D) (i) in the case of Retail Installment Contracts, provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to basis that fully amortize the Amount Financed by maturity and pay finance charges yield interest at the Annual Percentage Rate over Rate, and (ii) in the original term case of any Contracts sold, or to be sold, hereunder that are Leases, provides for fixed payments on a periodic basis that fully amortize the Amount Financed by maturity and yield interest at the Annual Percentage Rate, except that any Contracts sold, or to be sold, hereunder that are Leases also provide for payments of the Receivablerelated Termination Values.

Appears in 1 contract

Samples: Purchase Agreement (CNH Capital Receivables LLC)

Characteristics of Receivables. Each Receivable is a Retail Installment Contract and: (A) (1) (i) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, and (ii) was purchased by CNHCA from a Dealer and validly assigned by such Dealer to CNHCA in accordance with its terms, except that some of the Receivables were purchased by NH Credit from Dealers (after being originated as provided above), securitized in a previous CNH Equipment Trust and purchased by CNHCA through the exercise of a clean-up call relating to that previous securitization or (2) was originated in the United States of America by CNHCA in connection with the financing or refinancing, as applicable, of Financed Equipment in the ordinary course of CNHCA’s business[ or (3) (i) was originated in the United States of America in connection with the financing of Financed Equipment in the ordinary course of a Dealer’s business, through a program in which CIT Bank funds installment loans to consumers to enable the consumers to purchase products distributed by such Dealer, and (ii) was purchased by CNHCA from CIT Bank and validly assigned by CIT Bank to CNH in accordance with its terms], and in the case of the foregoing clauses (1) and (2)[and (3)], was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by has created a validly perfected valid, subsisting and enforceable first priority purchase money security interest (as defined in the applicable UCC) Financed Equipment in favor of CNHCA except to the applicable Originating Party in the Financed Equipment, which extent that such security interest is assignable has been assigned by the Seller CNHCA to the PurchaserCNHCR, by the Purchaser CNHCR to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliatesTrustee, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security security, and (D) provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to basis that fully amortize the Amount Financed by maturity and pay finance charges yield interest at the Annual Percentage Rate over the original term of the ReceivableRate.

Appears in 1 contract

Samples: Purchase Agreement (CNH Capital Receivables LLC)

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Characteristics of Receivables. Each Receivable (A) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by a validly perfected enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party Parties in the Financed Equipment, which security interest is assignable by the Seller to the Purchaser, by the Purchaser to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliates, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security and (D) provides for fixed payments on a periodic basis, yields interest at a fixed or variable rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to fully amortize the Amount Financed by maturity and pay finance charges at the Annual Percentage Rate over the original term of the Receivable.. Review Materials [Retail Note Contract] [Receivable File] U.S. Fixed Rate Contract, Physical Damage Insurance Form, Dealer Check List, Dealer Settlement Form UCC documents UCC documents

Appears in 1 contract

Samples: Asset Representations Review Agreement (John Deere Receivables, Inc.)

Characteristics of Receivables. Each Receivable has been fully and properly executed by the parties thereto and (Ai) was has been originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) a Dealer in the ordinary course of such Dealer's business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with finance the retail sale by a Dealer of the related Financed Equipment Vehicle and has been purchased by an Originator in the ordinary course of such Dealer’s business, was fully Originator's business and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its termssuch Originator's underwriting standards; (ii) has been acquired by Wellx Xxxgo from the Originator in the ordinary course of Wellx Xxxgo's and such Originator's business; (iii) the Originator thereof has underwriting standards that require physical damage insurance to be maintained on the related Financed Vehicle, (Biv) is secured by a validly perfected valid, subsisting, binding and enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party Wellx Xxxgo in the Financed EquipmentVehicle (subject to administrative delays and clerical errors on the part of the applicable government agency and to any statutory or other lien arising by operation of law after the Closing Date which is prior to such security interest), which security interest is assignable by the Seller together with such Receivable, and has been so assigned to Purchaser, and subsequently assigned to the Purchaser, by the Purchaser Issuer pursuant to the Issuing Entity Sale and by the Issuing Entity Servicing Agreement, and pledged to the Indenture Trustee and which security interest has priority over any security interest in pursuant to the Financed Equipment granted in favor of the Seller or any of its affiliatesIndenture, (Cv) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security and security, (Dvi) provided, at origination, for level monthly payments (provided that the amount of the first or last payment may be minimally different), which fully amortize the Initial Principal Balance over the original term, (vii) provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing the Contract Rate specified in the Schedule of Receivables, (ix) was originated in the United States of America and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to fully amortize (viii) constitutes "chattel paper" as defined in the Amount Financed by maturity and pay finance charges at the Annual Percentage Rate over the original term of the ReceivableUCC.

Appears in 1 contract

Samples: I 3 Purchase Agreement (Wells Fargo Auto Receivables Corp)

Characteristics of Receivables. Each Receivable (A) was originated in the United States of America by Deere & Company or Xxxx Jxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, Parties and was validly assigned by such Originating Parties, Parties to the Seller in accordance with its terms, (B) is secured by a validly perfected enforceable first priority purchase money security interest (as defined in the applicable UCC) in favor of the applicable Originating Party in the Financed Equipment, which security interest is assignable by the Seller to the Purchaser, by the Purchaser to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliates, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security and (D) provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to fully amortize the Amount Financed by maturity and pay finance charges at the Annual Percentage Rate over the original term of the Receivable.

Appears in 1 contract

Samples: Purchase Agreement (John Deere Receivables LLC)

Characteristics of Receivables. Each Receivable is a Retail Installment Contract and: (A) (1) (i) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, and (ii) was purchased by CNHICA from a Dealer and validly assigned by such Dealer to CNHICA in accordance with its terms, except that some of the Receivables were purchased by NH Credit from Dealers (after being originated as provided above), securitized in a previous CNH Equipment Trust and purchased by CNHICA through the exercise of a clean-up call relating to that previous securitization or (2) was originated in the United States of America by CNHICA in connection with the financing or refinancing, as applicable, of Financed Equipment in the ordinary course of CNHICA’s business[ or (3) (i) was originated in the United States of America in connection with the financing of Financed Equipment in the ordinary course of a Dealer’s business, through a program in which [ ] funds installment loans to consumers to enable the consumers to purchase products distributed by such Dealer, and (ii) was purchased by CNHICA from [ ] and validly assigned by [ ] to CNH in accordance with its terms], and in the case of the foregoing clauses (1) and (2)[and (3)], was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by has created a validly perfected valid, subsisting and enforceable first priority purchase money security interest (as defined in the applicable UCC) Financed Equipment in favor of CNHICA except to the applicable Originating Party in the Financed Equipment, which extent that such security interest is assignable has been assigned by the Seller CNHICA to the PurchaserCNHCR, by the Purchaser CNHCR to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliatesTrustee, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security security, and (D) provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to basis that fully amortize the Amount Financed by maturity and pay finance charges yield interest at the Annual Percentage Rate over the original term of the ReceivableRate.

Appears in 1 contract

Samples: Purchase Agreement (CNH Capital Receivables LLC)

Characteristics of Receivables. Each Receivable is a Retail Installment Contract and: (A) (1) (i) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, and (ii) was purchased by CNHCA from a Dealer and validly assigned by such Dealer to CNHCA in accordance with its terms, except that some of the Receivables were purchased by NH Credit from Dealers (after being originated as provided above), securitized in a previous CNH Equipment Trust and purchased by CNHCA through the exercise of a clean-up call relating to that previous securitization or (2) was originated in the United States of America by CNHCA in connection with the financing or refinancing, as applicable, of Financed Equipment in the ordinary course of CNHCA’s business[ or (3) (i) was originated in the United States of America in connection with the financing of Financed Equipment in the ordinary course of a Dealer’s business, through a program in which [CIT Bank] funds installment loans to consumers to enable the consumers to purchase products distributed by such Dealer, and (ii) was purchased by CNHCA from [CIT Bank] and validly assigned by [CIT Bank] to CNH in accordance with its terms], and in the case of the foregoing clauses (1) and (2)[and (3)], was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by has created a validly perfected valid, subsisting and enforceable first priority purchase money security interest (as defined in the applicable UCC) Financed Equipment in favor of CNHCA except to the applicable Originating Party in the Financed Equipment, which extent that such security interest is assignable has been assigned by the Seller CNHCA to the PurchaserCNHCR, by the Purchaser CNHCR to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliatesTrustee, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security security, and (D) provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to basis that fully amortize the Amount Financed by maturity and pay finance charges yield interest at the Annual Percentage Rate over the original term of the ReceivableRate.

Appears in 1 contract

Samples: Purchase Agreement (CNH Capital Receivables LLC)

Characteristics of Receivables. Each Receivable is a Retail Installment Contract and: (A) (1) (i) was originated in the United States of America by Deere & Company or Xxxx Deere Construction & Forestry Company (each, an “Originating Party” and collectively the “Originating Parties”) in the ordinary course of business or was originated by a Dealer and assigned to the Originating Parties in the ordinary course of business, in each case in connection with the retail sale by a Dealer of Financed Equipment in the ordinary course of such Dealer’s business, and (ii) was purchased by CNHCA from a Dealer and validly assigned by such Dealer to CNHCA in accordance with its terms, except that some of the Receivables were purchased by NH Credit from Dealers (after being originated as provided above), securitized in the Prior Securitization and purchased by CNHCA through the exercise of a clean-up call relating to the Prior Securitization, (2) was originated in the United States of America by CNHCA in connection with the financing or refinancing, as applicable, of Financed Equipment in the ordinary course of CNHCA’s business or (3) (i) was originated in the United States of America in connection with the financing of Financed Equipment in the ordinary course of a Dealer’s business, through a program in which CIT Bank funds installment loans to consumers to enable the consumers to purchase products distributed by such Dealer, and (ii) was purchased by CNHCA from CIT Bank and validly assigned by CIT Bank to CNH in accordance with its terms, and in the case of the foregoing clauses (1), (2) and (3), was fully and properly executed by the parties thereto, was purchased by the Seller from such Originating Parties under an existing agreement with the Originating Parties, and was validly assigned by such Originating Parties, to the Seller in accordance with its terms, (B) is secured by has created a validly perfected valid, subsisting and enforceable first priority purchase money security interest (as defined in the applicable UCC) Financed Equipment in favor of CNHCA except to the applicable Originating Party in the Financed Equipment, which extent that such security interest is assignable has been assigned by the Seller CNHCA to the PurchaserCNHCR, by the Purchaser CNHCR to the Issuing Entity and by the Issuing Entity to the Indenture Trustee and which security interest has priority over any security interest in the Financed Equipment granted in favor of the Seller or any of its affiliatesTrustee, (C) contains customary and enforceable provisions such that the rights and remedies of the holder thereof are adequate for realization against the collateral of the benefits of the security security, and (D) provides for fixed payments on a periodic basis, yields interest at a fixed rate or is non-interest bearing and is prepayable without premium or penalty at any time. The fixed payments provided for are sufficient to basis that fully amortize the Amount Financed by maturity and pay finance charges yield interest at the Annual Percentage Rate over the original term of the ReceivableRate.

Appears in 1 contract

Samples: Purchase Agreement (CNH Equipment Trust 2006-B)

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