Common use of Benefit Plan Investor Clause in Contracts

Benefit Plan Investor. Any of (i) an “employee benefit plan” as defined in Section 3(3) of ERISA that is subject to the provisions of Title I of ERISA, (ii) a “plan” as defined in and subject to Section 4975 of the Code, or (iii) any entity or account whose underlying assets include plan assets by reason of investment by an employee benefit plan or plan in such entity or account. Bid Percentage: 40% for Charged-Off Receivables for which the related Obligor is subject to a bankruptcy proceeding and for which the underlying vehicle has not yet been repossessed, sold, or declared a total loss; 1% for Charged-Off Receivables for which the underlying vehicle has been repossessed, sold and for which Liquidation Proceeds have been received; 80% for all other Charged-Off Receivables.

Appears in 13 contracts

Samples: Receivables Purchase Agreement (Carvana Auto Receivables Trust 2022-P2), Receivables Purchase Agreement (Carvana Auto Receivables Trust 2022-P2), Receivables Purchase Agreement (Carvana Auto Receivables Trust 2021-N4)

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Benefit Plan Investor. Any of (i) an “employee benefit plan” as defined in Section 3(3) of ERISA that is subject to the provisions of Title I of ERISA, (ii) a “plan” as defined in and subject to Section 4975 of the Code, or (iii) any entity or account whose underlying assets include plan assets by reason of investment by an employee benefit plan or plan in such entity or account. Bid Percentage: [40% %] for Charged-Off Receivables for which the related Obligor is subject to a bankruptcy proceeding and for which the underlying vehicle has not yet been repossessed, sold, or declared a total loss; [1% %] for Charged-Off Receivables for which the underlying vehicle has been repossessed, sold and for which Liquidation Proceeds have been received; [80% %] for all other Charged-Off Receivables.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Carvana Receivables Depositor LLC), Receivables Purchase Agreement (Carvana Receivables Depositor LLC)

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