Possession of Receivable Files Sample Clauses

Possession of Receivable Files. All of the Receivables Files have been or will be delivered to the Custodian on or prior to the Closing Date, subject to Section 3.05(b).
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Possession of Receivable Files. All of the Receivable Files have been or will be delivered to the Servicer as custodian on or prior to the Closing Date.
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Possession of Receivable Files. All of the Receivable Files have been or will be delivered to the Custodian within 30 days of the Closing Date, subject to Section 3.05(b).
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Possession of Receivable Files. All of the Receivables Files have been or will be delivered to the Custodian on or prior to the Closing Date or as otherwise provided in Section 3.03.
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Possession of Receivable Files. The Servicer shall hold, as sub-custodian for the Master Servicer (as the custodian for the owner thereof), the Receivable Files. The possession of each Receivable File by the Servicer shall be for the sole purpose of servicing the related Receivable. Such retention and possession by the Servicer is in a custodial capacity only. The ownership of each Receivable File shall be vested immediately in the Issuer, and the ownership of all records and documents with respect to the Receivables prepared by or which come into the possession of the Servicer shall vest in the Issuer and shall be retained and maintained by the Servicer, as sub-custodian for the Master Servicer, in trust, only in such custodial capacity. The Servicer shall release its custody of the contents of any Receivable File only in accordance with written instructions from the Master Servicer, unless such release is pursuant to the Servicer's servicing of the Receivables or is in connection with a repurchase of any Receivable pursuant to this Agreement or the Purchase Agreement or termination of the Servicer's role as servicer with respect to the Receivables Pool.
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Possession of Receivable Files. 11 Section 2.01 Possession of Receivable Files ...................................... 11 Section 2.02 Custody of the Receivables Files, Duties of Servicer as Custodian ... 11 Section 2.03 Protection of Right, Title and Interest ............................. 14 ARTICLE III
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Possession of Receivable Files. Owner shall, upon the execution and delivery of this Agreement, make accessible by electronic transmission to Servicer copies of documents in each Receivable File, including "real time" payment histories, the Certificate of Title, Obligor application, the retail installment sales contract, closed-end lease agreement, promissory note and/or security agreement. Upon the referral and initiation of collection activities on each such Receivable, Owner shall enable Servicer to electronically place a "hold" on any specific Receivable File to reflect electronically and otherwise that all activity on such account, must be approved by Servicer before any action is taken, including specifically, payment acceptance and processing. Servicer's access to such Receivable Files is for the sole purpose of servicing the related Receivables. In the event any Receivable is returned to Owner for any reason, Owner shall terminate Servicer's access to such Receivable File.
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Possession of Receivable Files. Unless otherwise specified herein, Servicer shall maintain physical possession of the instruments and documents listed in Section 2.12; such other instruments or documents that modify or supplement the terms or conditions of any of the foregoing; and all other instruments, documents, correspondence and memoranda generated by or coming into the possession of Servicer (including, but not limited to, insurance premium receipts, ledger sheets, payment records, insurance claim files, correspondence and current and historical computerized data files) that are required to document or service any Receivable. Collectively, all of the documents described in this Section 2.13 with respect to a Receivable are referred to as "Receivable Files." Servicer hereby agrees that the computer files and other physical records of the Receivables maintained by Servicer will bear an indication reflecting that the Receivables are owned by Owner subject to the Lien of the Agent and that all Receivable Files shall remain the property of Owner subject to the Lien of the Agent and shall be held in trust by Servicer for the Agent. Servicer shall respond to third party inquiries concerning ownership of the Receivable by indicating that the Receivables are owned by Owner subject to the Lien of Agent.
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Related to Possession of Receivable Files

  • Location of Receivable Files The Custodian will maintain the Receivable Files in the United States in such a manner as to permit retrieval thereof and access thereto in the manner contemplated by this Agreement. The Custodian’s records will at all times indicate that it is holding the Receivable Files on behalf of the Trust, separate from any other instruments and files that it holds.

  • Custody of Receivable Files To assure uniform quality in servicing the Receivables and to reduce administrative costs, the Issuer hereby revocably appoints the Servicer, and the Servicer accepts such appointment, to act for the benefit of the Issuer and the Indenture Trustee as custodian of the following documents or instruments which are hereby constructively delivered to the Indenture Trustee, as pledgee of the Issuer, as of the Closing Date with respect to each Receivable:

  • Receivable Files The Servicer has in its possession all original copies of documents or instruments that constitute or evidence the Receivables. The Receivable Files that constitute or evidence the Receivables do not have any marks or notations indicating that they have been pledged, assigned or otherwise conveyed by the Seller to any Person other than the Depositor, except for such Liens as have been released on or before the Closing Date. All financing statements filed or to be filed against the Seller in favor of the Depositor in connection herewith describing the Receivables contain a statement to the following effect: “A purchase of or security interest in any collateral described in this financing statement, except as provided in the Receivables Purchase Agreement, will violate the rights of the Depositor.”

  • Receivable Files Complete There exists a Receivable File pertaining to each Receivable. Related documentation concerning the Receivable, including any documentation regarding modifications of the Contract, will be maintained electronically by the Servicer in accordance with customary policies and procedures. With respect to any Receivables that are tangible chattel paper, the complete Receivable File for each Receivable currently is in the possession of the Custodian.

  • Custody of Receivables Files The Custodian will hold and maintain in safekeeping the following documents and instruments for each Receivable (the “Receivables Files”) for the benefit of the Issuer and the Indenture Trustee:

  • Contract for Servicing; Possession of Servicing Files The Seller, by execution and delivery of this Agreement, does hereby contract with the Servicer, subject to the terms of this Agreement, for the servicing of the Mortgage Loans. On or before the Closing Date or Servicing Transfer Date, as applicable, the Seller shall cause to be delivered the Servicing Files with respect to the Mortgage Loans listed on the Mortgage Loan Schedule to the Servicer. Each Servicing File delivered to a Servicer shall be held in trust by such Servicer for the benefit of the Trustee; provided, however, that the Servicer shall have no liability for any Servicing Files (or portions thereof) not delivered by the Seller. The Servicer’s possession of any portion of the Mortgage Loan documents shall be at the will of the Trustee for the sole purpose of facilitating servicing of the related Mortgage Loan pursuant to this Agreement, and such retention and possession by the Servicer shall be in a custodial capacity only. The ownership of each Mortgage Note, Mortgage, and the contents of the Servicing File shall be vested in the Trustee and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Servicer shall immediately vest in the Trustee and shall be retained and maintained, in trust, by the Servicer at the will of the Trustee in such custodial capacity only. The portion of each Servicing File retained by the Servicer pursuant to this Agreement shall be segregated from the other books and records of the Servicer and shall be appropriately marked to clearly reflect the ownership of the related Mortgage Loan by the Trustee. The Servicer shall release from its custody the contents of any Servicing File retained by it only in accordance with this Agreement.

  • Possession of Mortgage Files The Seller does hereby sell, transfer, assign, set over and convey to the Purchaser, without recourse but subject to the terms of this Agreement, all of its right, title and interest in, to and under the Mortgage Loans, including the related Prepayment Charges. The contents of each Mortgage File not delivered to the Purchaser or to any assignee, transferee or designee of the Purchaser on or prior to the Closing Date are and shall be held in trust by the Seller for the benefit of the Purchaser or any assignee, transferee or designee of the Purchaser. Upon the sale of the Mortgage Loans, the ownership of each Mortgage Note, the related Mortgage and the other contents of the related Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or that come into the possession of the Seller on or after the Closing Date shall immediately vest in the Purchaser and shall be delivered immediately to the Purchaser or as otherwise directed by the Purchaser.

  • Conveyance of Mortgage Loans; Possession of Servicing Files The Seller, simultaneously with the delivery of the Mortgage Loan Schedule with respect to the related Mortgage Loan Package to be purchased on each Closing Date, shall execute and deliver an Assignment and Conveyance Agreement in the form attached hereto as Exhibit H (the "Assignment and Conveyance Agreement"). The Seller shall cause the Servicing File retained by the Originator pursuant to this Agreement to be appropriately identified in the Seller's computer system and/or books and records, as appropriate, to clearly reflect the sale of the related Mortgage Loan to the Purchaser. The Seller shall cause the Originator to release from its custody the contents of any Servicing File retained by it only in accordance with this Agreement or the Servicing Agreement, except when such release is required in connection with a repurchase of any such Mortgage Loan pursuant to Subsection 9.03.

  • Collection of Receivables Except as otherwise provided in this Security Agreement, such Grantor will collect and enforce, at such Grantor’s sole expense, all amounts due or hereafter due to such Grantor under the Receivables owned by it.

  • Documents, Records and Funds in Possession of Master Servicer To Be Held for Trustee (a) The Master Servicer shall transmit and each Servicer (to the extent required by the related Servicing Agreement) shall transmit to the Trustee or Custodian such documents and instruments coming into the possession of the Master Servicer or such Servicer from time to time as are required by the terms hereof, or in the case of the Servicers, the applicable Servicing Agreement, to be delivered to the Trustee or Custodian. Any funds received by the Master Servicer or by a Servicer in respect of any Mortgage Loan or which otherwise are collected by the Master Servicer or by a Servicer as Liquidation Proceeds or Insurance Proceeds in respect of any Mortgage Loan shall be held for the benefit of the Trustee and the Certificateholders subject to the Master Servicer's right to retain or withdraw from the Master Servicer Collection Account the Master Servicing Compensation and other amounts provided in this Agreement, and to the right of each Servicer to retain its Servicing Fee and other amounts as provided in the applicable Servicing Agreement. The Master Servicer shall, and (to the extent provided in the applicable Servicing Agreement) shall cause each Servicer to, provide access to information and documentation regarding the Mortgage Loans to the Trustee, its agents and accountants at any time upon reasonable request and during normal business hours, and to Certificateholders that are savings and loan associations, banks or insurance companies, the Office of Thrift Supervision, the FDIC and the supervisory agents and examiners of such Office and Corporation or examiners of any other federal or state banking or insurance regulatory authority if so required by applicable regulations of the Office of Thrift Supervision or other regulatory authority, such access to be afforded without charge but only upon reasonable request in writing and during normal business hours at the offices of the Master Servicer designated by it. In fulfilling such a request the Master Servicer shall not be responsible for determining the sufficiency of such information.

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