Nature of Transfer. To the extent that the transfer of the Trust Estate from the Transferor to the Trustee is deemed to be a secured financing, the Transferor shall be deemed hereunder to have granted to the Trustee, and the Transferor does hereby grant to the Trustee, a security interest in all of the Transferor's right, title and interest in, to and under the Trust Estate, whether now owned or hereafter acquired. For purposes of such grant, this Agreement shall constitute a security agreement under applicable law.
Nature of Transfer. (a) The transfers of Loan Assets by the Company to the Depositor pursuant to this Agreement are intended to be absolute assignments of all of the Company's right, title and interest in, to and under such Loan Assets, without recourse (except as provided in Sections 2.06, 3.03 and 3.04), for all purposes.
Nature of Transfer. (a) In the event that the transfer of the Lease Assets from the Company to the Transferor is deemed to be a secured financing, the Company shall be deemed hereunder to have conveyed to the Transferor, and the Company does hereby convey to the Transferor, a security interest in all of the Company's right, title and interest in, to and under the Lease Assets, whether now owned or hereafter acquired. For purposes of such conveyance, this Lease Acquisition Agreement shall constitute a security agreement under applicable law.
Nature of Transfer. 31 ARTICLE FOUR FUNDINGS
Nature of Transfer. (a) The transfers, assignments and contributions of Lease Assets from LFG to LFC VI hereunder are intended to be absolute assignments constituting a "true sale" for bankruptcy law purposes of all of the LFG's right title and interest in, to and under such Lease Assets, without recourse (except as otherwise provided herein), for all purposes.
Nature of Transfer. (a) It is the intention of the Company and the Issuer that the transfer and assignment of the Company's right, title and interest in and to the Loan Contracts and the Loan Assets shall constitute an absolute sale by the Company to the Issuer. In the event that the transfer of the Loan Assets from the Company to the Issuer is deemed to be a secured financing, the Company shall be deemed hereunder to have Granted to the Issuer, and the Company does hereby Grant to the Issuer, a first priority security interest in all of the Company's right, title and interest in, to and under the Loan Assets, whether now owned or hereafter acquired. For purposes of such Grant, this Loan Sale Agreement shall constitute a security agreement under applicable law.
Nature of Transfer. The Sale Shares are being transferred to Purchaser as a sale.
Nature of Transfer. (a) The transfers of Lease Assets by the Company to the Transferor pursuant to this Lease Acquisition Agreement are intended to be absolute assignments of all of the Company's right, title and interest in, to and under such Lease Assets, without recourse, for all purposes.
Nature of Transfer. In the event that the transfer of the Trust Estate is deemed to be a secured financing, the Issuer shall be deemed hereunder to have Granted to the Indenture Trustee and the Issuer does hereby Grant to the Indenture Trustee, for the ratable benefit of the Noteholders and MBIA, a security interest in all of the Issuer's right, title and interest in, to and under the Lease Contracts, the Lease Receivables, the Equipment and the other assets in the Trust Estate, whether now owned or hereafter acquired. For purposes of such Grant, the Indenture shall constitute a security agreement under applicable law.
Nature of Transfer. The agreement of Bank One to transfer interest payments and Early Payment Fees to the Company under the Interest Transfer Agreement is not intended to and does not constitute a sale or assignment of Bank One’s rights to receive such interest payments and Early Payment Fees under the Notes. The Company will acquire no interest in, and will have no rights to enforce any Note, Pledge Agreement or other Loan Documents against the applicable Borrower unless and until Bank One is paid in full thereunder, at which time Bank One will sell or assign its rights against such Borrower under the Loan Documents (excluding the Pledge Agreement of such Borrower) to the Company. The amounts paid by the Company pursuant to Section 2.1 are nonrefundable. The Company assumes all the risk of non-payment by the Borrowers and shall have no recourse against Bank One if any Borrower fails to pay interest or Early Termination Fees for any reason.
