Common use of Characteristics of Receivables Clause in Contracts

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit or (ii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment, (B) was originated by AmeriCredit or such Dealer for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s or the Dealer’s business, in each case (i) was originated in accordance with AmeriCredit’s credit policies and (ii) was fully and properly executed by the parties thereto, and (iii) AmeriCredit and, to the best of the Seller’s and the Servicer’s knowledge, each Dealer had all necessary licenses and permits to originate Receivables in the State where AmeriCredit or each such Dealer was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, and (D) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 25 contracts

Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2024-1), Purchase Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Purchase Agreement (AmeriCredit Automobile Receivables Trust 2023-2)

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Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit or (ii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment, (B) was originated by AmeriCredit or such Dealer for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s or the Dealer’s business, in each case (i) was originated in accordance with AmeriCredit’s credit policies and (ii) was fully and properly executed by the parties thereto, and (iii) AmeriCredit and, to the best of the Seller’s and the Servicer’s knowledge, each Dealer had all necessary licenses and permits to originate Receivables in the State state where AmeriCredit or each such Dealer was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, and (D) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 22 contracts

Samples: Purchase Agreement (AmeriCredit Automobile Receivables Trust 2019-3), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2019-3), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2019-3)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit or (ii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment, (B) was originated by AmeriCredit or such Dealer for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s or the Dealer’s business, in each case (i) was originated in accordance with AmeriCredit’s credit policies and (ii) was fully and properly executed by the parties thereto, and (iii) AmeriCredit and, to the best of the Seller’s and the Servicer’s knowledge, each Dealer had all necessary licenses and permits to originate Receivables in the State state where AmeriCredit or each such Dealer was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, and (D) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.. Documents Receivable File AmeriCredit’s Policies Data Tape Dealer Agreement Procedures to be Performed

Appears in 22 contracts

Samples: Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2021-1), Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2021-1), Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2020-3)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit or (ii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment, (B) was originated by AmeriCredit or such Dealer for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s or the Dealer’s business, in each case (i) was originated in accordance with AmeriCredit’s credit policies and (ii) was fully and properly executed by the parties thereto, and (iii) AmeriCredit and, to the best of the Seller’s and the Servicer’s knowledge, each Dealer had all necessary licenses and permits to originate Receivables in the State where AmeriCredit or each such Dealer was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, and (D) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.. Documents Receivable File AmeriCredit’s Policies Data Tape Dealer Agreement Procedures to be Performed

Appears in 10 contracts

Samples: Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2023-1)

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Characteristics of Receivables. Each Receivable (A) was originated [(i) by AmeriCredit or (ii) )] by a Dealer and purchased by AmeriCredit Exeter from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit Exeter and was validly assigned by such Dealer to AmeriCredit Exeter pursuant to a Dealer Assignment, [(ii) by an Originator and purchased by Exeter from such Originator under an Originator Agreement or pursuant to an Originator Assignment with Exeter and was validly assigned by such Originator to Exeter pursuant to an Originator Assignment or (iii) by Exeter], (B) was originated by AmeriCredit such Dealer[, such originator or such Dealer Exeter] for the retail sale of a Financed Vehicle in the ordinary course of AmeriCreditsuch Dealer’s[, such originator’s or the Dealer’s business, in each case Exeter’s] business and (i) [was originated in accordance with AmeriCreditExeter’s credit policies and (ii) )] was fully and properly executed by the parties thereto, and (iii) AmeriCredit Exeter and, to the best of the Seller’s and the ServicerExeter’s knowledge, each Dealer [and originator] had all necessary licenses and permits to originate Receivables in the State state where AmeriCredit or each such Dealer [each such originator or Exeter] was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, and (D) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.

Appears in 3 contracts

Samples: Sale and Servicing (Efcar, LLC), Purchase Agreement (Efcar, LLC), Sale and Servicing (Efcar, LLC)

Characteristics of Receivables. Each Receivable (A) was originated (i) by AmeriCredit or (ii) by a Dealer and purchased by AmeriCredit from such Dealer under an existing Dealer Agreement or pursuant to a Dealer Assignment with AmeriCredit and was validly assigned by such Dealer to AmeriCredit pursuant to a Dealer Assignment, (B) was originated by AmeriCredit or such Dealer for the retail sale of a Financed Vehicle in the ordinary course of AmeriCredit’s or the Dealer’s business, in each case (i) was originated in accordance with AmeriCredit’s credit policies and (ii) was fully and properly executed by the parties thereto, and (iii) AmeriCredit and, to the best of the Seller’s and the Servicer’s knowledge, each Dealer had all necessary licenses and permits to originate Receivables in the State state where AmeriCredit or each such Dealer was located, (C) contains customary and enforceable provisions such as to render the rights and remedies of the holder thereof adequate for realization against the collateral security, and (D) has not been amended or collections with respect to which waived, other than as evidenced in the Receivable File or the Servicer’s electronic records relating thereto.. Documents Receivable File AmeriCredit’s Policies Data Tape Dealer Agreement

Appears in 2 contracts

Samples: Asset Representations Review Agreement (AFS SenSub Corp.), Asset Representations Review Agreement (AFS SenSub Corp.)

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