Common use of Sale of Receivables Clause in Contracts

Sale of Receivables. Each of the Seller and the Depositor is, as of the time of the transfer to the Purchaser of each Receivable being sold to the Purchaser by it hereunder on the Closing Date, the sole owner of such Receivable free from any Lien other than those released at or prior to such transfer. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any Originator, the Seller or any Subsidiary of any Originator or the Seller or purporting to be filed on behalf of any Originator, the Seller or any Subsidiary of any Originator or the Seller covering any interest of any kind in any Contracts and related Receivables and any Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related Receivables, except (i) in each case any financing statements filed in respect of and covering the purchase of the Contracts and related Receivables by the Purchaser or filed in connection with the Transaction Documents and (ii) financing statements for which a release of Lien has been obtained or that has been assigned to the Purchaser or the Trustee. All filings and recordings (including pursuant to the UCC) required to perfect the title of the Purchaser in each Contract or related Receivable sold hereunder have been accomplished and are in full force and effect, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, and the Seller shall at its expense perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer or the Trustee at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust in the Contracts and related Receivables and the priority thereof.

Appears in 11 contracts

Samples: Purchase Agreement (Conns Inc), Purchase Agreement (Conns Inc), Purchase Agreement (Conns Inc)

AutoNDA by SimpleDocs

Sale of Receivables. Each of the Seller and the Depositor were is, as of the time of the transfer to the Purchaser of each Receivable being sold to the Purchaser by it hereunder on the Closing Date, the sole owner of such Receivable free from any Lien other than those released at or prior to such transfer. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any the Originator, the Seller or any Subsidiary of any the Originator or the Seller or purporting to be filed on behalf of any the Originator, the Seller or any Subsidiary of any the Originator or the Seller covering any interest of any kind in any Contracts and related Receivables and any the Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related Receivables, except (i) in each case any financing statements filed in respect of and covering the purchase of the Contracts and related Receivables by the Purchaser or filed in connection with pursuant to this Agreement and the Transaction Documents security interest created pursuant to the Indenture and (ii) financing statements for which a release of Lien has been obtained or that has been assigned to the Purchaser or the Trustee. All filings and recordings (including pursuant to the UCC) required to perfect the title of the Purchaser in each Contract or related Receivable sold hereunder have been accomplished and are in full force and effect, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, and the Seller shall at its expense perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer or the Trustee at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust in the Contracts and related Receivables and the priority thereof.

Appears in 4 contracts

Samples: Purchase Agreement (Conns Inc), Purchase Agreement (Conns Inc), Purchase Agreement (Conns Inc)

Sale of Receivables. Each of the Seller and the Depositor were is, as of the time of the transfer to the Purchaser of each Receivable being sold to the Purchaser by it hereunder on the Closing Date, the sole owner of such Receivable free from any Lien other than those released at or prior to such transfer. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any Originator, the Seller or any Subsidiary of any Originator or the Seller or purporting to be filed on behalf of any Originator, the Seller or any Subsidiary of any Originator or the Seller covering any interest of any kind in any Contracts and related Receivables and any Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related Receivables, except (i) in each case any financing statements filed in respect of and covering the purchase of the Contracts and related Receivables by the Purchaser or filed in connection with pursuant to this Agreement and the Transaction Documents security interest created pursuant to the Indenture and (ii) financing statements for which a release of Lien has been obtained or that has been assigned to the Purchaser or the Trustee. All filings and recordings (including pursuant to the UCC) required to perfect the title of the Purchaser in each Contract or related Receivable sold hereunder have been accomplished and are in full force and effect, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, and the Seller shall at its expense perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer or the Trustee at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust in the Contracts and related Receivables and the priority thereof.

Appears in 4 contracts

Samples: Purchase Agreement (Conns Inc), Purchase Agreement (Conns Inc), Purchase Agreement (Conns Inc)

Sale of Receivables. Each of the Seller and the Depositor is, as of the time of the transfer to the Purchaser of each Receivable being sold to the Purchaser by it hereunder on the Closing Date, the sole owner of such Receivable free from any Lien other than those released at or prior to such transfer. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any Originator, the Seller or any Subsidiary of any Originator or the Seller or purporting to be filed on behalf of any Originator, the Seller or any Subsidiary of any Originator or the Seller covering any interest of any kind in any Contracts and related Receivables and any Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related Receivables, except (i) in each case any financing statements filed in respect of and covering the purchase of the Contracts and related Receivables by the Purchaser or filed in connection with the Transaction Documents and (ii) financing statements for which a release of Lien has been obtained or that has been assigned to the Purchaser or the Trustee. All filings and recordings (including pursuant to the UCC) required to perfect the title interest of the Purchaser in each Contract or related Receivable sold hereunder have been accomplished and are in full force and effect, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, and the Seller shall at its expense perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer or the Trustee at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust in the Contracts and related Receivables and the priority thereof.

Appears in 3 contracts

Samples: Purchase Agreement (Conns Inc), Purchase Agreement (Conns Inc), Purchase Agreement (Conns Inc)

Sale of Receivables. Each of the Seller and the Depositor is, as of the time of the transfer to the Purchaser of each Receivable being sold to the Purchaser by it hereunder on the Closing Date, the sole owner of such Receivable free from any Lien other than those released at or prior to such transfertransfer or any Permitted Encumbrance. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any Originator, the Seller or any Subsidiary of any Originator or the Seller or purporting to be filed on behalf of any Originator, the Seller or any Subsidiary of any Originator or the Seller covering any interest of any kind in any Contracts and related Receivables and any Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related Receivables, except (i) in each case any financing statements filed in respect of and covering the purchase of the Contracts and related Receivables by the Purchaser or filed in connection with the Transaction Documents and (ii) financing statements for which a release of Lien has been obtained or that has been assigned to the Purchaser or the Trustee. All filings and recordings (including pursuant to the UCC) required to perfect the title of the Purchaser in each Contract or related Receivable sold hereunder have been accomplished and are in full force and effect, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, and the Seller shall at its expense perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer or the Trustee at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust in the Contracts and related Receivables and the priority thereof.

Appears in 2 contracts

Samples: Purchase Agreement (Conns Inc), Purchase Agreement (Conns Inc)

Sale of Receivables. Each of the Seller and the Depositor is, as of the time of the transfer to the Purchaser of each Receivable being sold to the Purchaser by it hereunder on the Closing Date, the sole owner of such Receivable free from any Lien other than those released at or prior to such transfertransfer or any Permitted Encumbrance. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any Originator, the Seller or any Subsidiary of any Originator or the Seller or purporting to be filed on behalf of any Originator, the Seller or any Subsidiary of any Originator or the Seller covering any interest of any kind in any Contracts and related Receivables and any Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related Receivables, except (i) in each case any financing statements filed in respect of and covering the purchase of the Contracts and related Receivables by the Purchaser or filed in connection with the Transaction Documents and (ii) financing statements for which a release of Lien has been obtained or that has been assigned to the Purchaser or the Trustee. All filings and recordings (including pursuant to the UCC) required to perfect the title interest of the Purchaser in each Contract or related Receivable sold hereunder have been accomplished and are in full force and effect, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, and the Seller shall at its expense perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer or the Trustee at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust in the Contracts and related Receivables and the priority thereof.

Appears in 2 contracts

Samples: Purchase Agreement (Conns Inc), Purchase Agreement (Conns Inc)

Sale of Receivables. Each The Seller does hereby sell, transfer, assign, set over and otherwise convey, without recourse (except as expressly provided in the Receivables Purchase Agreement), to the Buyer, on the Addition Date all of its right, title and interest in, to and under the Receivables arising in connection with such Additional Accounts and all Related Security with respect thereto, owned by the Seller and existing at the Depositor isclose of business on the Additional Cut-Off Date and thereafter created from time to time, all monies due or to become due and all amounts received with respect thereto (including all amounts on deposit in the Cash Management Account as applied to reduce the principal amount of any Receivable) and all proceeds (including "proceeds" as defined in the UCC as in effect in the applicable jurisdiction) and Recoveries thereof. The foregoing sale, transfer, assignment, set-over and conveyance does not constitute and is not intended to result in the creation, or an assumption by the Buyer, of any obligation of the time of the transfer to the Purchaser of each Receivable being sold to the Purchaser by it hereunder on the Closing DateServicer, the sole owner of such Receivable free from any Lien other than those released at or prior to such transfer. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any OriginatorSeller, the Seller Nissan Motor Company Ltd., Nissan North America Inc. or any Subsidiary of any Originator or the Seller or purporting to be filed on behalf of any Originator, the Seller or any Subsidiary of any Originator or the Seller covering any interest of any kind in any Contracts and related Receivables and any Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related Receivables, except (i) in each case any financing statements filed in respect of and covering the purchase of the Contracts and related Receivables by the Purchaser or filed other Person in connection with the Transaction Documents Accounts, the Receivables or under any agreement or instrument relating thereto, including any obligation to any Dealers or Nissan North America Inc. In connection with such sale, the Seller agrees to record and file, at its own expense, a financing statement on form UCC-1 (iiand continuation statements when applicable) with respect to the Receivables now existing and hereafter created for the sale of chattel paper or accounts (as defined in the UCC as in effect in the applicable jurisdiction) meeting the requirements of applicable state law in such manner and in such jurisdictions as are necessary to perfect the sale and assignment of the Receivables and the Related Security to the Buyer, and to deliver a file-stamped copy of such financing statements for which a release or other evidence of Lien has been obtained or that has been assigned such filing to the Purchaser Buyer on or before the TrusteeAddition Date. All filings The Buyer is under no obligation whatsoever to file such financing statement, or a continuation statement to such financing statement, or to make any other filing under the UCC in connection with such sale. The parties hereto intend that the sales of Receivables effected by this Assignment be sales. In connection with such sale, the Seller further agrees, at its own expense, on or before the Addition Date, to indicate in its computer files that the Receivables and recordings the Related Security: (including A) have been sold or assigned, as the case may be, to the Buyer pursuant to this Assignment, then (B) transferred by the Buyer to the Issuer pursuant to the UCCTransfer and Servicing Agreement and then (C) required pledged by the Issuer to perfect the title Indenture Trustee pursuant to the Indenture for the benefit of the Purchaser in each Contract or related Receivable sold hereunder have been accomplished Noteholders and are in full force and effect, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, and the Seller shall at its expense perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer or the Trustee at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust in the Contracts and related Receivables and the priority thereofSeries Enhancers.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Nissan Wholesale Receivables Corp Ii)

Sale of Receivables. Each of the Seller and the Depositor The Originator is, as of the time of the transfer to the Purchaser of each Receivable being sold to the Purchaser by it hereunder on the Initial Closing Date, and will be, as of the time of the transfer to the Purchaser of each Receivable sold to the Purchaser hereunder on any subsequent Purchase Date, and the Initial Seller is, with respect to the Initial Receivables being sold to the Purchaser by it, the sole owner of such Receivable free from any Lien other than those released at or prior to such transfer. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any the Originator, the Initial Seller or any Subsidiary of any the Originator or the Initial Seller or purporting to be filed on behalf of any the Originator, the Initial Seller or any Subsidiary of any the Originator or the Seller covering any interest of any kind in any Contracts and related Purchased Receivables and any the Originator and the Initial Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related Purchased Receivables, except (i) in each case any financing statements filed in respect of and covering the purchase of the Contracts and related Purchased Receivables by the Purchaser or filed in connection with pursuant to this Agreement and the Transaction Documents security interest created pursuant to the Indenture and (ii) financing statements for which a release of Lien has been obtained or that has been assigned to the Purchaser or the Trustee. All filings and recordings (including pursuant to the UCC) required to perfect the title of the Purchaser in each Contract or related Receivable sold hereunder have been accomplished and are in full force and effect, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, and the Originator and the Initial Seller shall at its their expense perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer any Notice Person or the Trustee at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust Trustee in the Contracts and related Purchased Receivables and the priority thereof.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Conns Inc)

AutoNDA by SimpleDocs

Sale of Receivables. Each of the Seller and the Depositor Originator is, as of the time of the transfer to the Purchaser of each Receivable being sold or contributed to the Purchaser by it hereunder on the Closing Date, and will be, as of the time of the transfer to the Purchaser of each Receivable sold or contributed to the Purchaser on any subsequent Purchase Date, the sole owner of such Receivable Receivable, free from any Lien lien, security interest, encumbrance or other than those released at right, title or prior interest of any Person. Each Receivable existing on the Closing Date has been, and in the case of Additional Receivables sold or contributed hereafter, such Additional Receivables will be, on the applicable Purchase Date, conveyed to such transferthe Purchaser free and clear of any Lien. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any Originator, the Seller Originator or any Subsidiary of any Originator or the Seller or purporting to be filed on behalf of any Originator, the Seller Originator or any Subsidiary of any Originator or the Seller covering any interest of any kind in any Contracts Purchased Assets which are being, or which hereafter will be, sold or contributed to the Purchaser, and related Receivables and any no Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related ReceivablesPurchased Assets, except (i) in each case any financing statements filed in respect of and covering the purchase of the Contracts and related Receivables Purchased Assets by the Purchaser or filed in connection with pursuant to this Agreement and the Transaction Documents and (ii) financing statements for which a release of Lien has been obtained or that has been assigned security interest created pursuant to the Purchaser or the TrusteeLoan Agreement. All filings and recordings (including pursuant to the UCC) required to perfect the title of the Purchaser in each Contract Purchased Asset sold or related Receivable sold contributed hereunder have been accomplished and are in full force and effecteffect and each Originator shall, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, and the Seller shall at its expense expense, perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer Purchaser or the Trustee Administrator at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust Administrator in the Contracts and related Receivables Purchased Assets and the priority thereof.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Covenant Transport Inc)

Sale of Receivables. Each of the The Seller and the Depositor is, as of the time of the transfer to the Purchaser Receivables Trust of each Receivable being sold to the Purchaser Receivables Trust by it hereunder on the Closing applicable Purchase Date, the sole owner of such Receivable free from any Lien other than those released at or prior to such transfer. There is no effective financing statement (or similar statement or instrument Annex D of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any the Originator, the Seller or any Subsidiary of any the Originator or the Seller or purporting to be filed on behalf of any the Originator, the Seller or any Subsidiary of any the Originator or the Seller covering any interest of any kind in any Contracts and related Receivables being transferred to the Receivables Trust by it hereunder on such Purchase Date and any the Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related Receivables, except (i) in each case Contracts and related Receivables by Conn Credit I, LP from the Originator, (ii) any financing statements filed in respect of and covering the purchase of the such Contracts and related Receivables by the Purchaser or Receivables Trust and contribution to the Receivables Trust pursuant to this Agreement, (iii) any financing statements filed in connection with respect of the Transaction Documents security interest created pursuant to the Indenture and (iiiv) financing statements for which a release of Lien has been obtained or that has been assigned to the Purchaser Purchaser, Receivables Trust or the Indenture Trustee. All filings and recordings (including pursuant to the UCC) required to perfect the title of the Purchaser Receivables Trust in each Contract or related Receivable sold hereunder have been accomplished and are in full force and effect, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, 3.1 and the Seller shall at its expense perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer or the Indenture Trustee at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust in the Contracts and related Receivables and the priority thereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Conns Inc)

Sale of Receivables. Each of the Seller and the Depositor Originator is, as of the time of the transfer to the Purchaser of each Receivable being sold or contributed to the Purchaser by it hereunder on the Closing Date, and will be, as of the time of the transfer to Purchaser of each Receivable sold or contributed to Purchaser on any subsequent Purchase Date, the sole owner of such Receivable Receivable, free from any Lien lien, security interest, encumbrance or other than those released at right, title or prior interest of any Person. Each Receivable existing on the Closing Date has been, and in the case of Additional Receivables sold or contributed hereafter, such Additional Receivables will be, on the applicable Purchase Date, conveyed to such transferPurchaser free and clear of any Lien. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any Originator, the Seller Originator or any Subsidiary of any Originator or the Seller or purporting to be filed on behalf of any Originator, the Seller Originator or any Subsidiary of any Originator or the Seller covering any interest of any kind in any Contracts Purchased Assets which are being, or which hereafter will be, sold or contributed to Purchaser, and related Receivables and any Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related ReceivablesPurchased Assets, except (i) in each case any financing statements filed in respect of and covering the purchase of the Contracts Purchased Assets by Purchaser pursuant to this Agreement and related Receivables by the Purchaser or filed in connection with the Transaction Documents and (ii) financing statements for which a release of Lien has been obtained or that has been assigned security interest created pursuant to the Purchaser or the TrusteeLoan Agreement. All filings and recordings (including pursuant to the UCC) required to perfect the title of the Purchaser in each Contract Purchased Asset sold or related Receivable sold contributed hereunder have been accomplished and are in full force and effecteffect and Originator shall, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, and the Seller shall at its expense expense, perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer Purchaser or the Trustee Administrator at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust Administrator in the Contracts and related Receivables Purchased Assets and the priority thereof. Originator's jurisdiction of organization is a jurisdiction whose law generally requires information to be made generally available in a filing, record or registration system as a condition or result of such a security interest obtaining priority over the rights of a lien creditor with respect to collateral.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Central Freight Lines Inc/Tx)

Sale of Receivables. Each of the The Seller and the Depositor is, as of the time of the transfer to the Purchaser Receivables Trust of each Receivable being sold to the Purchaser Receivables Trust by it hereunder on the Closing applicable Purchase Date, the sole owner of such Receivable free from any Lien other than those released at or prior to such transfer. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any the Originator, the Seller or any Subsidiary of any the Originator or the Seller or purporting to be filed on behalf of any the Originator, the Seller or any Subsidiary of any the Originator or the Seller covering any interest of any kind in any Contracts and related Receivables being transferred to the Receivables Trust by it hereunder on such Purchase Date and any the Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related Receivables, except (i) in each case Contracts and related Receivables by Conn Credit I[. L.P.] LP from the Originator, (ii) any financing statements filed in respect of and covering the purchase of the such Contracts and related Receivables by the Purchaser or Receivables Trust and contribution to the Receivables Trust pursuant to this Agreement, (iii) any financing statements filed in connection with respect of the Transaction Documents security interest created pursuant to the Indenture and (iiiv) financing statements for which a release of Lien has been obtained or that has been assigned to the Purchaser Purchaser, Receivables Trust or the Indenture Trustee. All filings and recordings (including pursuant to the UCC) required to perfect the title of the Purchaser Receivables Trust in each Contract or related Receivable sold hereunder have been accomplished and are in full force and effect, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, 3.1 and the Seller shall at its expense perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer or the Indenture Trustee at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust in the Contracts and related Receivables and the priority thereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Conns Inc)

Sale of Receivables. Each of the The Seller and the Depositor is, as of the time of the transfer to the Purchaser Receivables Trust of each Receivable being sold to the Purchaser Receivables Trust by it hereunder on the Closing applicable Purchase Date, the sole owner of such Receivable free from any Lien other than those released at or prior to such transfer. There is no effective financing statement (or similar statement or instrument of registration under the law of any jurisdiction) now on file or registered in any public office filed by or against any the Originator, the Seller or any Subsidiary of any the Originator or the Seller or purporting to be filed on behalf of any the Originator, the Seller or any Subsidiary of any the Originator or the Seller covering any interest of any kind in any Contracts and related Receivables being transferred to the Receivables Trust by it hereunder on such Purchase Date and any the Originator and the Seller will not execute nor will there be on file in any public office any effective financing statement (or similar statement or instrument of registration under the laws of any jurisdiction) or statements relating to such Contracts and related Receivables, except (i) in each case Contracts and related Receivables by Conn Credit I. L.P. from the Originator, (ii) any financing statements filed in respect of and covering the purchase of the such Contracts and related Receivables by the Purchaser or Receivables Trust and contribution to the Receivables Trust pursuant to this Agreement, (iii) any financing statements filed in connection with respect of the Transaction Documents security interest created pursuant to the Indenture and (iiiv) financing statements for which a release of Lien has been obtained or that has been assigned to the Purchaser Purchaser, Receivables Trust or the Indenture Trustee. All filings and recordings (including pursuant to the UCC) required to perfect the title of the Purchaser Receivables Trust in each Contract or related Receivable sold hereunder have been accomplished and are in full force and effect, or will be accomplished and in full force and effect prior to the time required in clause (iii) of Section 3.1, 3.1 and the Seller shall at its expense perform all acts and execute all documents necessary or reasonably requested by the Purchaser, the Receivables Trust, the Issuer or the Indenture Trustee at any time and from time to time to evidence, perfect, maintain and enforce the title or the security interest of the Purchaser or the Receivables Trust in the Contracts and related Receivables and the priority thereof.

Appears in 1 contract

Samples: Second Receivables Purchase Agreement (Conns Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.