Consumer Documents Clause Samples

Consumer Documents. Borrower represents to and agrees with Agent and Lenders that the Consumer Documents, in substantially the forms as are included in the compact discs entitled “Due Diligence Primary Resorts, CapitalSource 2011 Facility” and “Due Diligence Secondary Resorts, CapitalSource 2011 Facility” previously delivered to Agent or Agent’s counsel, as such sample forms may be supplemented and/or replaced from time to time in accordance with any amendments to Schedule 1.2 or as agreed in writing between Agent and Borrower, are the only documents which are used as of the Closing Date to document the credit sale of Vacation Ownership Interests in respect of the Primary Resorts and Secondary Resorts and that Borrower shall not materially modify, amend or replace, or permit the material modification or amendment, or replacement of, any of such Consumer Documents in a manner that would cause any of such Consumer Documents, including any replacements thereof and additions thereto as applicable, to fail to comply with Applicable Law or use or permit the use by others of any other or additional documents in connection with the documentation of the credit sale of Vacation Ownership Interests, except with the prior written consent of Agent, or as reasonably requested by Agent in order to meet any Applicable Law or to protect Agent’s and Lenders’ security interest therein. Notwithstanding anything herein or elsewhere to the contrary, Borrower shall be permitted to amend or replace the form of Consumer Documents or create or utilize additional consumer documents to the extent necessary to comply with Applicable Law, without the need to obtain Agent’s or any Lender’s prior consent to such amendment or the utilization of such additional consumer documents. If any such Consumer Document shall be modified or amended or if any additional document shall be used in connection with the credit sale of Vacation Ownership Interests, Borrower shall promptly provide to Agent an accurate and complete copy of such Consumer Document as so modified or amended and of any such additional document. 66 In the event that any of the Consumer Documents in substantially the forms as are included in the compact discs entitled “Due Diligence Primary Resorts, CapitalSource 2011 Facility” and “Due Diligence Secondary Resorts, CapitalSource 2011 Facility” previously delivered to Agent or Agent’s counsel, as such sample forms may be supplemented and/or replaced from time to time in accordance with any amendments ...

Consumer Documents. The forms and procedures used by each Company in conducting its business including the Account Documents, consumer applications, notes, security agreements, disclosure documents, financing statements and other documents executed by consumers (the “Consumer Documents”), comply with all applicable federal, state and local laws, regulations, administrative interpretations and decisions for the jurisdictions where Companies do business. (i) Each Company has all requisite power, authority and licenses to enter into and perform under the Consumer Documents, and to carry on their respective businesses as and where they are currently conducted and contemplated to be conducted under the Consumer Documents. (ii) The execution, delivery and performance of the Consumer Documents comply with all applicable federal and state laws, rules and regulations, including, without limitation, the Truth in Lending Act and Regulation Z promulgated thereunder, the Equal Credit Opportunity Act and Regulation B promulgated thereunder, and any applicable state or federal usury laws. (iii) The Consumer Documents are enforceable in accordance with their terms; subject to the qualification that enforceability may be subject to limitations imposed by bankruptcy, insolvency, reorganization and other similar laws of general applicability affecting the rights of all creditors. (iv) None of the practices, procedures or lack thereof by such Company in the conduct of its business, or other facts or irregularities, which would cause the above representations or warranties to be untrue. 13. Covenants Each Company, as applicable, covenants and agrees with the Creditor Parties as follows: