Collecting Title Documents Not Delivered at the Closing Date. In the case of any Contract in respect of which written evidence from the Dealer selling or transferring the related Financed Vehicle that the Title Document for such Financed Vehicle showing the Master Servicer as first lienholder has been applied for from the Registrar of Titles was delivered to the Owner Trustee on the Closing Date in lieu of a Title Document, the Master Servicer shall use its best efforts to collect such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing the Master Servicer as first lienholder is not received by the Master Servicer or the related Subservicer within 180 days after the Closing Date, then the representation and warranty in Section 3.01(b)(iii) in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Certificateholders.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Funded Contract or Prefunded Contract in respect of which, in place of a Title Document, the Custodian received on the Closing Date or the Prefunding Closing Date, as applicable, written evidence from the Dealer selling the related Financed Vehicle that, or otherwise in respect of which, the Title Document for such Financed Vehicle showing Onyx as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect (or to obtain evidence in the electronic title records of) such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing Onyx as first lienholder is not received by the Servicer (or verified by the Servicer in the electronic title records) within 180 days after the Closing Date with respect to the Funded Contracts or within 180 days after the Prefunding Closing Date with respect to the Prefunded Contracts, then the representation and warranty in Section 2.02(b)(iii) as to any such Funded Contracts or the representation and warranty in Section 2.02(d)(iii) as to any such Prefunded Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Noteholders, and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.03.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Contract in respect of which, in place of a Title Document, the Custodian received on the Closing Date written evidence from the Dealer selling the related Financed Vehicle that, or otherwise in respect of which, the Title Document for such Financed Vehicle showing Onyx or a subsidiary of Onyx as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect (or in the case of California, to obtain evidence in the electronic title records of) such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing Onyx or a subsidiary of Onyx as first lienholder is not received by the Servicer (or in the case of the State of California, verified by the Servicer in the electronic title records) within 180 days after the Closing Date with respect to the Contracts, then the representation and warranty in Section 2.02(b)(iii) as to such Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Certificateholders, and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.03.
Collecting Title Documents Not Delivered at the Closing Date. (a) If the Title Document for a Financed Vehicle does not reflect the Company as lienholder at the time of the Company's purchase direct from a Dealer of the related Contract, the Servicer shall confirm, prior to the Company's purchase, that an appropriate application has been made to transfer the lien on the Title Document to the Company. If the Title Document for a Financed Vehicle reflects the Servicer as lienholder at the time of the Company's purchase of the related Contract, the Servicer shall, in connection with the Company's purchase, make an appropriate application to transfer the lien on the Title Document to the Company.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Funded Contract or Prefunded Contract in respect of which, in place of a Title Document, the Custodian received on the Closing Date or the Prefunding Closing Date, as applicable, written evidence from the Dealer selling the related Financed Vehicle that, or otherwise in respect of which, the Title Document for such Financed Vehicle showing Onyx as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect (or in the case of California, to obtain evidence in the electronic title records of) such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing Onyx as first lienholder is not received by the Servicer (or in the case of the State of California, verified by the Servicer in the electronic title records) within 180 days after the Closing Date with respect to the Funded Contracts or within 180 days after the Prefunding Closing Date with respect to the Prefunded Contracts, then the representation and warranty in Section 2.02(b)(iii) as to any such Funded Contracts or the representation and warranty in Section 2.02(d)(iii) as to any such Prefunded Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Noteholders, and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.03.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Contract in respect of which written evidence from the Dealer selling or transferring the related Financed Vehicle that the Title Document for such Financed Vehicle showing the Master Servicer as first lienholder has been applied for from the Registrar of Titles was delivered to the Owner Trustee on the Closing Date and in lieu of a Title Document, the Master Servicer shall use its best efforts to collect such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing the Master Servicer as first lienholder is not received by the Master Servicer or the related Subservicer within 180 days after the Closing Date, then the representation and warranty in Section 3.01(b)(iii) in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Certificateholders and the Seller shall purchase such Contract, on or before the Master Servicer Report Date next succeeding the end of the 180-day period, from the Issuer for an amount equal to the related Repurchase Amount in the manner set forth in Section 5.04. ARTICLE FOUR
Collecting Title Documents Not Delivered at the Closing Date. If the Title Document for a Leased Vehicle does not reflect the Buyer as owner and first lienholder and the Trustee as second lienholder at the time of the Buyer's purchase direct from a Dealer of the Leased Vehicle, the Servicer shall confirm, prior to the Buyer's purchase, that an appropriate application has been made to transfer the title of the Title Document to the Buyer with such Title Document reflecting the Buyer as owner and first lienholder and the Trustee as second lienholder. In the case of any Contract in respect of which the Title Document for the related Leased Vehicle showing the Buyer as owner and first lienholder and the Trustee as second lienholder has been applied for in connection with the purchase of the Contract, the Servicer shall use reasonable efforts to obtain such Title Document and promptly upon receipt thereof to make application for the transfer of the ownership noted thereon to the Buyer and the second lien in favor of the Trustee. In the case of any Contract in respect of which the Title Document for the related Leased Vehicle showing the Buyer as owner and first lienholder and the Trustee as second lienholder has been applied for in connection with the purchase of the Contract or thereafter, the Servicer shall use reasonable efforts to obtain such Title Document and to deliver it to the Trustee (or other financial institution appointed as custodian for the Contract Documents) as promptly as possible. If such Title Document showing the Buyer as owner and first lienholder and Trustee as second lienholder is not received by the Trustee (or other custodian) within 30 days after the Purchase Date, then the representation and warranty in Section 4.4 of the Indenture in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Security holders. The Servicer shall deliver to the Trustee on a monthly basis a listing of Contracts that as of the date prior to such delivery do not show the Buyer as owner and first lienholder and the Trustee as second lienholder on the Title Documents for such Contracts. Any fees charged for the transfer of ownership or liens on the Title Documents for the Leased Vehicles into or out of the Buyer's or Trustee's name, as appropriate, shall be paid by the Buyer as an Allowed Expense.
Collecting Title Documents Not Delivered at the Closing Date. Xx xxx case of any Contract in respect of which, in place of a Title Document, the Trustee received on the Closing Date written evidence from the Dealer selling the related Financed Vehicle, or Onyx that the Title Document for such Financed Vehicle showing Onyx as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect (or, in the case of the State of California, to obtain evidence in the electronic title records of) such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing the Servicer as first lienholder is not received (or, in the case of the State of California, verified in the electronic title records) by the Servicer within 180 days after the Closing Date with respect to the Contracts, then the representation and warranty in Section 2.2(b)(iii) as to such Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Certificateholders and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.3.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Contract in respect of which, in place of a Title Document, the Custodian received on or before the Closing Date written evidence from the Dealer selling the related Financed Vehicle, or from AutoNation Financial Services, that the Title Document for such Financed Vehicle showing AutoNation Financial Services as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing AutoNation Financial Services as first lienholder is not received by the Servicer within 180 days after the Closing Date with respect to the Contracts, then the representation and warranty in Section 2.02(b)(iii) as to such Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Noteholders, and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.03.
Collecting Title Documents Not Delivered at the Closing Date. In the case of any Contract in respect of which, in place of a Title Document, the Custodian received on or before the Closing Date written evidence from the Dealer selling the related Financed Vehicle, or from AutoNation Financial Services, that the Title Document for such Financed Vehicle showing AutoNation Financial Services or a subsidiary of AutoNation Financial Services as first lienholder has been applied for from the Registrar of Titles, the Servicer shall use its best efforts to collect such Title Document from the Registrar of Titles as promptly as possible. If such Title Document showing AutoNation Financial Services or a subsidiary of AutoNation Financial Services as first lienholder is not received by the Servicer within 180 days after the Closing Date with respect to the Contracts, then the representation and warranty in Section 2.02(b)(iii) as to such Contracts in respect of such Contract shall be deemed to have been incorrect in a manner that materially and adversely affects the Noteholders, and the Seller shall be obligated to repurchase such Contract in accordance with Section 2.03.
