Common use of Liens and Interests Clause in Contracts

Liens and Interests. (a) The EFCH Purchaser shall not have or assert, and hereby disclaims, any right, title or interest in or to any part of the OF V Trust Estate, the OF VI Trust Estate, the OF VII Trust Estate, the OF VIII Trust Estate, the OF IX Trust Estate, the OF X Trust Estate, the OF XII Trust Estate, the ECO Purchased Assets, the ECL Purchased Assets (other than, for the avoidance of doubt, any ECL Purchased Assets which become EFCH Purchased Assets), the EPOB Purchased Assets, the EFCH-GS Purchased Assets, the ECO-GS Purchased Assets, the EPOB-GS Purchased Assets, the EPOB2-GS Purchased Assets, the EF Holdco Purchased Assets or the Oportun Assets; provided, however, that, to the extent the EFCH Purchaser purchases any assets pursuant to the ECL Documents, (i) the EFCH Purchaser does not disclaim its rights as the owner of certain Collections in the Servicer Account and (ii) the EFCH Purchaser does not disclaim its right to enforce its claims against Oportun, the Initial Servicer or any of their affiliates or their property arising out of the transactions contemplated under the ECL Documents.

Appears in 2 contracts

Samples: Intercreditor Agreement (Oportun Financial Corp), Intercreditor Agreement (Oportun Financial Corp)

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Liens and Interests. (a) The EFCH Purchaser shall not have or assert, and hereby disclaims, any right, title or interest in or to any part of the OF V Trust Estate, the OF IV Trust Estate, the OF VI Trust Estate, the OF VII Trust Estate, the OF VIII Trust Estate, the OF IX Trust Estate, the OF X Trust Estate, the OF XII Trust Estate, the ECO Purchased Assets, the ECL Purchased Assets (other than, for the avoidance of doubt, any ECL Purchased Assets which become EFCH Purchased Assets), the EPOB Purchased Assets, the EFCH-GS Purchased Assets, the ECO-GS Purchased Assets, the EPOB-GS Purchased Assets, the EPOB2-GS Purchased Assets, the EF Holdco Purchased Assets or the Oportun Assets; provided, however, that, to the extent the EFCH Purchaser purchases any assets pursuant to the ECL Documents, (i) the EFCH Purchaser does not disclaim its rights as the owner of certain Collections in the Servicer Account and (ii) the EFCH Purchaser does not disclaim its right to enforce its claims against Oportun, the Initial Servicer or any of their affiliates or their property arising out of the transactions contemplated under the ECL Documents.

Appears in 1 contract

Samples: Intercreditor Agreement (Oportun Financial Corp)

Liens and Interests. (a) The EFCH Purchaser shall not have or assert, and hereby disclaims, any right, title or interest in or to any part of the OF V Trust Estate, the OF II Trust Estate, the OF III Trust Estate, the OF IV Trust Estate, the OF VI Trust Estate, the OF VII Trust Estate, the OF VIII Trust Estate, the OF IX Trust Estate, the OF X Trust Estate, the OF XII Trust Estate, the ECO Purchased Assets, the ECL Purchased Assets (other than, for the avoidance of doubt, any ECL Purchased Assets which become EFCH Purchased Assets), the EPOB Purchased Assets, the EFCH-GS Purchased Assets, the ECO-GS Purchased Assets, the EPOB-GS Purchased Assets, the EPOB2-GS Purchased Assets, the EF Holdco Purchased Assets or the Oportun Assets; provided, however, that, to the extent the EFCH Purchaser purchases any assets pursuant to the ECL Documents, (i) the EFCH Purchaser does not disclaim its rights as the owner of certain Collections in the Servicer Account and (ii) the EFCH Purchaser does not disclaim its right to enforce its claims against Oportun, the Initial Servicer or any of their affiliates or their property arising out of the transactions contemplated under the ECL Documents.

Appears in 1 contract

Samples: Intercreditor Agreement (Oportun Financial Corp)

Liens and Interests. (a) The EFCH Purchaser shall not have or assert, and hereby disclaims, any right, title or interest in or to any part of the OF I Trust Estate, the OF V Trust Estate, the OF VI II Trust Estate, the OF VII III Trust Estate, the OF VIII IV Trust Estate, the OF IX Trust Estate, the OF X Trust Estate, the OF XII VI Trust Estate, the ECO Purchased Assets, the ECL Purchased Assets (other than, for the avoidance of doubt, any ECL Purchased Assets which become EFCH Purchased Assets), the EPOB Purchased Assets, the EFCH-GS Purchased Assets, the ECO-GS Purchased Assets, the EPOB-GS Purchased Assets, the EPOB2-GS Purchased Assets, the EF Holdco Purchased Assets or the Oportun Assets; provided, however, that, to the extent the EFCH Purchaser purchases any assets pursuant to the ECL Documents, (i) the EFCH Purchaser does not disclaim its rights as the owner of certain Collections in the Servicer Account and (ii) the EFCH Purchaser does not disclaim its right to enforce its claims against Oportun, the Initial Servicer or any of their affiliates or their property arising out of the transactions contemplated under the ECL Documents.

Appears in 1 contract

Samples: Intercreditor Agreement (Oportun Financial Corp)

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Liens and Interests. (a) The EFCH Purchaser shall not have or assert, and hereby disclaims, any right, title or interest in or to any part of the OF V Trust Estate, the OF III Trust Estate, the OF IV Trust Estate, the OF VI Trust Estate, the OF VII Trust Estate, the OF VIII Trust Estate, the OF IX Trust Estate, the OF X Trust Estate, the OF XII Trust Estate, the ECO Purchased Assets, the ECL Purchased Assets (other than, for the avoidance of doubt, any ECL Purchased Assets which become EFCH Purchased Assets), the EPOB Purchased Assets, the EFCH-GS Purchased Assets, the ECO-GS Purchased Assets, the EPOB-GS Purchased Assets, the EPOB2-GS Purchased Assets, the EF Holdco Purchased Assets or the Oportun Assets; provided, however, that, to the extent the EFCH Purchaser purchases any assets pursuant to the ECL Documents, (i) the EFCH Purchaser does not disclaim its rights as the owner of certain Collections in the Servicer Account and (ii) the EFCH Purchaser does not disclaim its right to enforce its claims against Oportun, the Initial Servicer or any of their affiliates or their property arising out of the transactions contemplated under the ECL Documents.

Appears in 1 contract

Samples: Intercreditor Agreement (Oportun Financial Corp)

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