INTRODUCTORY STATEMENTS. Funding Trust proposes to acquire the Receivables from the Company and simultaneously to sell to the Trust all of its right, title and interest in and to the Receivables and certain other property pursuant to the Sale and Servicing Agreement. The Trust will issue the Certificate pursuant to the Trust Agreement and Notes pursuant to the Indenture. Each Note will be secured by the Collateral. The Trust has requested that Financial Security issue a financial guaranty insurance policy guarantying certain distributions of interest and principal on the Notes on each Insured Distribution Date (including any such distributions subsequently avoided as a preference under applicable bankruptcy law) upon the terms, and subject to the conditions, provided herein. The parties hereto desire to specify the conditions precedent to the issuance of the Policy by Financial Security, the payment of premium in respect of the Policy, the indemnity and reimbursement to be provided to Financial Security in respect of amounts paid by Financial Security under the Policy or otherwise and certain other matters. In consideration of the premises and of the agreements herein contained, Financial Security, the Trust, the Company, Funding Trust and AmeriCredit hereby agree as follows:
Appears in 3 contracts
Sources: Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F), Insurance and Indemnity Agreement (Americredit Automobile Receivables Trust 2005-C-F), Insurance and Indemnity Agreement (AFS Funding Trust)