General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumer.
Appears in 175 contracts
Samples: Purchase Agreement (Santander Drive Auto Receivables Trust 2024-4), Purchase Agreement (Santander Drive Auto Receivables Trust 2024-4), Purchase Agreement (Santander Drive Auto Receivables Trust 2024-3)
General. 1. This The Sale and Servicing Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Transferred Assets in favor of the PurchaserIssuer, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 167 contracts
Samples: Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3), Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-3)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Transferred Assets in favor of the PurchaserIssuer, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 84 contracts
Samples: Sale and Servicing Agreement (Porsche Auto Funding LLC), Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2014-2), Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2014-2)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Transferred Assets in favor of the PurchaserIssuer, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 59 contracts
Samples: Sale Agreement (Capital One Prime Auto Receivables Trust 2023-2), Sale Agreement (Capital One Prime Auto Receivables Trust 2023-2), Sale Agreement (Fifth Third Auto Trust 2023-1)
General. 1. This The Agreement creates a valid and continuing security interest (as defined in the applicable UCCUCC Section 9-102) in the Receivables and the other Purchased Assets Seller Property in favor of the PurchaserTrust, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerand assignees of the Seller.
Appears in 38 contracts
Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCCUCC Section 9-102) in the Receivables and the other Purchased Assets Conveyed Property in favor of the PurchaserFunding, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerand assignees of CAC.
Appears in 37 contracts
Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp), Sale and Contribution Agreement (Credit Acceptance Corp)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets Collateral in favor of the PurchaserIssuer, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 30 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC), Sale and Servicing Agreement (Toyota Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2015-C Owner Trust)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 23 contracts
Samples: Receivables Purchase Agreement (Toyota Auto Finance Receivables LLC), Form of Receivables Purchase Agreement (Toyota Auto Receivables 2014-B Owner Trust), Receivables Purchase Agreement (Toyota Auto Receivables 2014-a Owner Trust)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Bank.
Appears in 22 contracts
Samples: Purchase Agreement (Usaa Acceptance LLC), Purchase Agreement (Usaa Acceptance LLC), Purchase Agreement (Usaa Acceptance LLC)
General. 1. This The Purchase and Sale Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets Collateral in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 21 contracts
Samples: Receivables Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2014-1), Receivables Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2014-1), Receivables Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2013-2)
General. 1. This The Purchase Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerVCI.
Appears in 21 contracts
Samples: Purchase Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Purchase Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Purchase Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerFTH LLC.
Appears in 19 contracts
Samples: Purchase Agreement (Fifth Third Auto Trust 2023-1), Purchase Agreement (Fifth Third Auto Trust 2023-1), Purchase Agreement (Fifth Third Holdings Funding, LLC)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, XXXX which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Bank.
Appears in 19 contracts
Samples: Purchase Agreement (Capital One Prime Auto Receivables Trust 2022-2), Purchase Agreement (Capital One Prime Auto Receivables Trust 2023-2), Purchase Agreement (Capital One Prime Auto Receivables Trust 2023-2)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerCOAF.
Appears in 19 contracts
Samples: Purchase Agreement (Capital One Prime Auto Receivables Trust 2006-2), Purchase Agreement (Capital One Prime Auto Receivables Trust 2007-2), Purchase Agreement (Capital One Prime Auto Receivables Trust 2007-1)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerVCI.
Appears in 18 contracts
Samples: Purchase Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Purchase Agreement (Volkswagen Auto Loan Enhanced Trust 2012-2), Purchase Agreement (Volkswagen Auto Loan Enhanced Trust 2012-2)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Conveyed Assets in favor of the PurchaserDepositor, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 13 contracts
Samples: Receivables Purchase Agreement (BMW Fs Securities LLC), Receivables Purchase Agreement (BMW Fs Securities LLC), Receivables Purchase Agreement (BMW Fs Securities LLC)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable Uniform Commercial Code ("UCC")) in the Receivables and the other Purchased Assets Mortgage Loans in favor of the Purchaser, Purchaser which security interest is prior to all other Liensliens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 12 contracts
Samples: Pooling and Servicing Agreement (Carrington Home Equity Loan Trust, Series 2005-Nc4 Asset-Backed Pass-Through Certificates), Mortgage Loan Purchase Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc3), Mortgage Loan Purchase Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc4)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable Uniform Commercial Code (“UCC”)) in the Receivables and the other Purchased Assets Mortgage Loans in favor of the Purchaser, Purchaser which security interest is prior to all other Liensliens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 11 contracts
Samples: Mortgage Loan Purchase Agreement, Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2005-Nc3), Mortgage Loan Purchase Agreement (Carrington Mortgage Loan Trust, Series 2007-Fre1)
General. 1. This The Sale and Servicing Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Transferred Assets in favor of the PurchaserIssuer, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 9 contracts
Samples: Sale and Servicing Agreement (Usaa Acceptance LLC), Sale and Servicing Agreement (Usaa Acceptance LLC), Sale and Servicing Agreement (Usaa Acceptance LLC)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerBAC.
Appears in 9 contracts
Samples: Purchase Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3), Purchase Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3), Purchase Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCCUCC Section 9-102) in the Receivables and the other Purchased Assets Contributed Property in favor of the PurchaserFunding, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerand assignees of CAC.
Appears in 8 contracts
Samples: Contribution Agreement (Credit Acceptance Corporation), Contribution Agreement (Credit Acceptance Corporation), Sale and Contribution Agreement (Credit Acceptance Corp)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the PurchaserDepositor, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Bank.
Appears in 7 contracts
Samples: Receivables Sale Agreement (Huntington Auto Trust 2016-1), Receivables Sale Agreement (Huntington Auto Trust 2016-1), Form Of (Huntington Funding, LLC)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the PurchaserIssuer, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Depositor.
Appears in 7 contracts
Samples: Sale Agreement, Sale Agreement (Bank of America Auto Receivables Securitization, LLC), Sale Agreement (Bank of America Auto Trust 2012-1)
General. 1. This The Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables Contracts and the other Purchased Assets Related Rights in favor of the PurchaserPurchaser and/or the Owner Trustee, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (Oportun Financial Corp), Purchase and Sale Agreement (Oportun Financial Corp), Purchase and Sale Agreement (Oportun Financial Corp)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Third Tier Purchased Assets in favor of the Third Tier Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerBAASC.
Appears in 4 contracts
Samples: Third Purchase Agreement (Bank of America Auto Trust 2012-1), Third Purchase Agreement (Bank of America Auto Trust 2012-1), Third Purchase Agreement (Bank of America Auto Trust 2010-2)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other First Tier Purchased Assets in favor of the First Tier Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerBANA.
Appears in 4 contracts
Samples: First Purchase Agreement (Bank of America Auto Trust 2012-1), First Purchase Agreement (Bank of America Auto Trust 2012-1), First Purchase Agreement (Bank of America Auto Trust 2010-2)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Second Tier Purchased Assets in favor of the Second Tier Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerBASHC.
Appears in 4 contracts
Samples: Second Purchase Agreement (Bank of America Auto Trust 2012-1), Second Purchase Agreement (Bank of America Auto Trust 2012-1), Second Purchase Agreement (Bank of America Auto Trust 2010-2)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Transferred Assets in favor of the PurchaserIssuer, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Depositor.
Appears in 2 contracts
Samples: Sale Agreement (Chase Auto Receivables LLC), Sale and Servicing Agreement (SunTrust Auto Receivables, LLC)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerBANA.
Appears in 2 contracts
Samples: Purchase Agreement (Banc of America Securities Auto Trust 2006-G1), Purchase Agreement (Banc of America Securities Auto Trust 2005-Wf1)
General. 1. This The Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Transferred Assets in favor of the PurchaserIssuer, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-4), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-4)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 2 contracts
Samples: Purchase Agreement (Bank of America Auto Receivables Securitization, LLC), Purchase Agreement (Bank of America Auto Receivables Securitization, LLC)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerBANA.
Appears in 1 contract
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets Mortgage Loans in favor of the Purchaser, Trustee which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Seller.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Compass Asset Acceptance Co)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets Depositor Conveyed Property in favor of the PurchaserIssuer, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Issuer.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp)
General. 1. This The Purchase Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Purchased Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Originator.
Appears in 1 contract
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander Consumerthe Bank.
Appears in 1 contract
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerSunTrust.
Appears in 1 contract
Samples: Purchase Agreement (SunTrust Auto Receivables, LLC)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerColonial.
Appears in 1 contract
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerCAF.
Appears in 1 contract
Samples: Purchase Agreement (Citizens Auto Receivables, LLC)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in Seller’s rights, title and interest in all Mortgage Loans accepted by Buyer for purchase under this Agreement, including the Receivables related contractual rights and the other Purchased Assets all collateral related thereto now existing or hereafter arising in favor of the PurchaserBuyer, which security interest is prior to all other LiensLiens (other than Permitted Encumbrances), and is enforceable as such as against creditors of and purchasers from Santander ConsumerSeller.
Appears in 1 contract
Samples: Master Loan Purchase and Sale Agreement (Walker & Dunlop, Inc.)
General. 1. This Agreement creates a valid and continuing security interest (as defined in the applicable UCC) in the Receivables and the other Purchased Assets in favor of the Purchaser, which security interest is prior to all other Liens, and is enforceable as such as against creditors of and purchasers from Santander ConsumerPFLP.
Appears in 1 contract