Common use of Solvency; Fraudulent Conveyance Clause in Contracts

Solvency; Fraudulent Conveyance. The Seller is solvent, is able to pay its debts as they become due and will not be rendered insolvent by the transactions contemplated by the Basic Documents and, after giving effect thereto, will not be left with an unreasonably small amount of capital with which to engage in its business. The Seller does not intend to incur, or believes that it has incurred, debts beyond its ability to pay such debts as they mature. The Seller does not contemplate the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official for any of its assets. The amount of consideration being received by the Seller upon the sale of the Seller Property to the Trust constitutes reasonably equivalent value and fair consideration for the Seller Property. The Seller is not selling the Seller Property to the Trust, as provided in the Basic Documents, with any intent to hinder, deal or defraud any of Credit Acceptance’s creditors.

Appears in 21 contracts

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

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Solvency; Fraudulent Conveyance. The Seller is solvent, is able to pay its debts as they become due and will not be rendered insolvent by the transactions contemplated by the Basic Documents and, after giving effect thereto, will not be left with an unreasonably small amount of capital with which to engage in its business. The Seller does not intend to incur, or believes that it has incurred, debts beyond its ability to pay such debts as they mature. The Seller does not contemplate the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official for or any of its assets. The amount of consideration being received by the Seller upon the sale of the Seller Property to the Trust constitutes reasonably equivalent value and fair consideration for the Seller Property. The Seller is not selling the Seller Property to the Trust, as provided in the Basic Documents, with any intent to hinder, deal or defraud any of Credit Acceptance’s creditors.

Appears in 9 contracts

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

Solvency; Fraudulent Conveyance. The Seller is solvent, is able to pay its debts as they become due and will not be rendered insolvent by the transactions contemplated by the Basic Documents and, after giving effect thereto, will not be left with an unreasonably small amount of capital with which to engage in its business. The Seller does not intend to incur, or believes that it has incurred, debts beyond its ability to pay such debts as they mature. The Seller does not contemplate the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official for or any of its assets. The amount of consideration being received by the Seller upon the sale of the Seller Property to the Trust constitutes reasonably equivalent value and fair consideration for the Seller Property. The Seller is not selling the Seller Property to the Trust, as provided in the Basic Documents, with any intent to hinder, deal or defraud any of Credit Acceptance’s 's creditors.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation)

Solvency; Fraudulent Conveyance. The Seller is solvent, is able to pay its debts as they become due solvent and will not be rendered insolvent by the transactions contemplated by the Basic Documents any Transaction and, after giving effect theretoto each such Transaction, each Seller will not be left with an unreasonably small amount of capital with which to engage in its business. The Seller does not intend to incur, or believes believe that it has incurred, debts beyond its ability to pay such debts as they mature. The Seller does and, if applicable, the Manager, the General Partner and the Limited Partner, is not contemplate contemplating the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official for in respect of Seller or any of its assets. The amount of consideration being received by the Seller upon the sale of the Seller Property Purchased Assets to the Trust Buyer constitutes reasonably equivalent value and fair consideration for the Seller Propertysuch Purchased Assets. The Seller is not selling the Seller Property to the Trust, as provided in the Basic Documents, transferring any Purchased Assets with any intent to hinder, deal delay or defraud any of Credit Acceptance’s its creditors.

Appears in 4 contracts

Samples: Electronic Tracking Agreement (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (AmeriHome, Inc.), Master Repurchase Agreement (loanDepot, Inc.)

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Solvency; Fraudulent Conveyance. The Seller is solvent, is able to pay its debts as they become due solvent and will not be rendered insolvent by the transactions contemplated by the Basic Transaction Documents and, after giving effect theretoto such transactions, the Seller will not be left with an unreasonably small amount of capital with which to engage in its business. The Seller does not intend to incur, or believes believe that it has incurred, debts beyond its ability to pay such debts as they mature. The Seller does not contemplate the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official for in respect of the Seller or any of its assets. The amount of consideration being received by the Seller upon the sale of the Seller Property Mortgage Loans to the Trust Depositor constitutes reasonably equivalent value and fair consideration for the Seller Propertyinterest in the Mortgage Loans being transferred. The Seller is not selling transferring the Seller Property Mortgage Loans to the TrustDepositor, as provided in the Basic Transaction Documents, with any intent to hinder, deal delay or defraud any of Credit Acceptance’s the Seller's creditors.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Bear Stearns Asset Backed Securities Inc)

Solvency; Fraudulent Conveyance. The Seller is solvent, is able to pay its debts as they become due solvent and will not -------------------------------- be rendered insolvent by the transactions contemplated by the Basic Documents Transaction and, after giving effect theretoto such Transaction, Seller will not be left with an unreasonably small amount of capital with which to engage in its business. The Seller does not intend to incur, or believes believe that it has incurred, debts beyond its ability to pay such debts as they mature. The Seller does is not contemplate contemplating the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official for in respect of Seller or any of its assets. The amount of consideration being received by the Seller upon the sale of the Mortgage Loans to Buyer and thereafter upon the sale of any Mortgage Loans by the Seller Property to the Trust Buyer constitutes reasonably equivalent value and fair consideration for the Seller Propertysuch Mortgage Loans. The Seller is not selling the Seller Property to the Trust, as provided in the Basic Documents, transferring any Mortgage Loans with any intent to hinder, deal delay or defraud any of Credit Acceptance’s its creditors.

Appears in 1 contract

Samples: Master Repurchase Agreement (Preferred Credit Corp)

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