Common use of Restrictions on Transfer of Subordinated Note Clause in Contracts

Restrictions on Transfer of Subordinated Note. Neither the Subordinated Note nor any right of the Seller to receive any payment thereunder, shall be assigned, transferred, exchanged, pledged, hypothecated, participated or otherwise conveyed; provided, however, that the Seller may pledge or otherwise transfer the Subordinated Note with the prior written consent of the Controlling Party; provided, further, that any such transferee or pledgee of the Subordinated Note shall (i) be bound by all of the terms applicable to the Subordinated Note set forth in the Operative Documents and (ii) execute an agreement containing a provision substantially in the form of Section 9.15 hereof.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Onyx Acceptance Corp), Sale and Servicing Agreement (Onyx Acceptance Corp)

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Restrictions on Transfer of Subordinated Note. Neither the Subordinated Note nor any right of the Seller to receive any payment thereunder, shall be assigned, transferred, exchanged, pledged, hypothecated, participated or otherwise conveyed; provided, however, that the Seller may pledge or otherwise transfer the Subordinated Note with the prior written consent of the Controlling PartyProgram Manager; provided, further, that any such transferee or pledgee of the Subordinated Note shall (i) be bound by all of the terms applicable to the Subordinated Note set forth in the Operative Documents and (ii) execute an agreement containing a provision substantially in the form of Section 9.15 hereof.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Corp)

Restrictions on Transfer of Subordinated Note. Neither the Subordinated Note nor any right of the Seller to receive any payment thereunder, shall be assigned, transferred, exchanged, pledged, hypothecated, participated or otherwise conveyed; provided, however, that the Seller may pledge or otherwise transfer the Subordinated Note with the prior written consent of the Controlling PartyFunding Agent and the Surety Provider (with notice to S&P and Moodx'x), xhich consent shall not be unreasonably withheld or delayed; provided, further, that any such transferee or pledgee of the Subordinated Note shall (i) be bound by all of the terms applicable to the Subordinated Note set forth in the Operative Documents and (ii) execute an agreement containing a provision substantially in the form of Section 9.15 hereof.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Corp)

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Restrictions on Transfer of Subordinated Note. Neither the Subordinated Note nor any right of the Seller to receive any payment thereunder, shall be assigned, transferred, exchanged, pledged, hypothecated, participated or otherwise conveyed; provided, however, that the Seller may pledge or otherwise transfer the Subordinated Note with the prior written consent of the Controlling PartyProgram Manager, which consent shall not be unreasonably withheld or delayed; provided, further, that any such transferee or pledgee of the Subordinated Note shall (i) be bound by all of the terms applicable to the Subordinated Note set forth in the Operative Documents and (ii) execute an agreement containing a provision substantially in the form of Section 9.15 hereofDocuments.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Corp)

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