Common use of Delivery of Receivable Files Clause in Contracts

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement the Receivables Files relating to the Samco Receivables. The Seller shall have until the last day of the second Collection Period following receipt of notification that there has been a failure to deliver a file with respect to a Samco Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 of the Sale and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to Samco, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 3 contracts

Samples: Subsequent Purchase Agreement (Consumer Portfolio Services Inc), Purchase Agreement (Consumer Portfolio Services Inc), Purchase Agreement (Consumer Portfolio Services Inc)

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Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered deliver the Receivable Files to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement the Receivables Files relating to the Samco ReceivablesAgreement. The Seller shall have until the last day of the second Collection Period following receipt from the Trustee of notification notification, pursuant to Section 3.4 of the Sale and Servicing Agreement, that there has been a failure to deliver a file with respect to a Receivable (including a Samco Receivable or a Linc Receivable) or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 of the Sale and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to SamcoTrustee, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 3 contracts

Samples: CPS Purchase Agreement (Consumer Portfolio Services Inc), Receivables Purchase Agreement (Consumer Portfolio Services Inc), Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered deliver the Receivable Files to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement the Receivables Files relating to the Samco ReceivablesAgreement. The Seller shall have until the last day of the second Collection Period following receipt from the Trustee of notification notification, pursuant to Section 3.4 of the Sale and Servicing Agreement, that there has been a failure to deliver a file with respect to a Receivable (including a Samco Receivable Receivable) or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 of the Sale and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to SamcoTrustee, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 2 contracts

Samples: Purchase Agreement (Consumer Portfolio Services Inc), Subsequent Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered deliver the Receivable Files to the Trustee at the location specified in Schedule B to the Sale Pooling and Servicing Agreement the Receivables Files relating to the Samco ReceivablesAgreement. The Seller shall have until the last day of the second Collection Period following receipt from the Trustee of notification notification, pursuant to Section 2.8 of the Pooling and Servicing Agreement, that there has been a failure to deliver a file with respect to a Samco Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale Pooling and Servicing Agreement or that any of the documents referred to in Section 3.3 2.7 of the Sale Pooling and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to SamcoTrustee, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale Pooling and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders Certificateholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 2 contracts

Samples: Purchase Agreement (Consumer Portfolio Services Inc), Form of Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement the Receivables Files relating to the Samco Receivables. The Seller shall have until the last day of the second Collection Period following receipt of notification that there has been a failure to deliver a file with respect to a Samco Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 of the Sale and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to Samco, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 4.7 of the Sale and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Consumer Portfolio Services Inc), Samco Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement the Receivables Files relating to the Samco Linc Receivables. The Seller shall have until the last day of the second Collection Period following receipt of notification that there has been a failure to deliver a file with respect to a Samco Linc Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 of the Sale and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to SamcoLinc, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 4.7 of the Sale and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 2 contracts

Samples: Purchase Agreement (Consumer Portfolio Services Inc), Receivables Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered deliver the Receivable Files for the Initial Receivables to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement Agreement. On or prior to each Subsequent Closing Date, the Seller shall deliver the Receivable Files for the related Subsequent Receivables Files relating to the Samco ReceivablesTrustee at the location specified in Schedule B to the Sale and Servicing Agreement. The Seller shall have until the last day of the second Collection Period following receipt from the Trustee of notification notification, pursuant to Section 3.4 of the Sale and Servicing Agreement, that there has been a failure to deliver a file with respect to a Receivable (including a Samco Receivable or a Linc Receivable) or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 of the Sale and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to SamcoTrustee, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 1 contract

Samples: Execution (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered to the Trustee at the location specified in Schedule B to the Sale Pooling and Servicing Agreement the Receivables Files relating to the Samco [Affiliated Originator] Receivables. The Seller shall have until the last day of the second Collection Period following receipt of notification that there has been a failure to deliver a file with respect to a Samco [Affiliated Originator] Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale Pooling and Servicing Agreement or that any of the documents referred to in Section 3.3 2.7 of the Sale Pooling and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to Samco[Affiliated Originator], the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale Pooling and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders Certificateholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 1 contract

Samples: Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement the Receivables Files relating to the Samco Linc Receivables. The Seller shall have until the last day of the second Collection Period following receipt of notification that there has been a failure to deliver a file with respect to a Samco Linc Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 of the Sale and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to SamcoLinc, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 1 contract

Samples: Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered to the Trustee at the location specified in Schedule B to the Sale Pooling and Servicing Agreement the Receivables Files relating to the Samco Linc Receivables. The Seller shall have until the last day of the second Collection Period following receipt of notification that there has been a failure to deliver a file with respect to a Samco Linc Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale Pooling and Servicing Agreement or that any of the documents referred to in Section 3.3 2.7 of the Sale Pooling and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to SamcoLinc, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale Pooling and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders Certificateholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 1 contract

Samples: Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement the Receivables Files relating to the Samco Initial Receivables. On or prior to each Subsequent Closing Date, the Seller shall deliver the Receivable Files for the related Subsequent Receivables to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement. The Seller shall have until the last day of the second Collection Period following receipt of notification that there has been a failure to deliver a file with respect to a Samco Linc Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 of the Sale and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to SamcoLinc, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 4.7 of the Sale and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 1 contract

Samples: Execution (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, in the Seller case of the Initial Receivables, or the related Subsequent Transfer Date, in the case of the Subsequent Receivables, [the Originator shall cause to be delivered deliver the related Contact Files to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement the Receivables Files relating to the Samco ReceivablesTrust Collateral Agent]. The Seller shall have until the last day of the second Collection Period Originator, following receipt from the Trust Collateral Agent of notification that there has been a failure to deliver a file Receivable File with respect to a Samco Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 the definition of the Sale and Servicing Agreement are term "Receivable File" is not contained in a Receivable File, to File shall deliver such file Receivable File or any of the aforementioned documents required to be included in such Receivable File to the TrusteeTrust Collateral Agent no later than the Closing Date or the related Subsequent Transfer Date, as applicable. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second first Collection Period following discovery thereof by the Trustee and notice thereof to Samcothereof, the Seller Originator hereby agrees to repurchase any such Receivable from the Trust Issuer as of such last day. In consideration of the purchase of the Receivable, the Seller Originator shall remit the Purchase Amount in the manner specified in Section 4.5 5.05(a) of the Sale and Servicing Agreement. The sole remedy hereunder of the Indenture Trustee, the Trust Collateral Agent, the Issuer or the Securityholders Noteholders with respect to a breach of this Section 5.5, 5.5 shall be to require the Seller Originator to repurchase the Receivable pursuant to this Section 5.5; provided, however, that the Originator shall indemnify the Owner Trustee, the Issuer, the Indenture Trustee, the Trust Collateral Agent, the Note Insurer, the Indenture Trustee, the Back-up Servicer, the Collateral Agent, the Noteholders, the Certificateholder and their respective officers, directors and employees against all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel, which may be asserted against or incurred by any of them, as a result of third party claims arising out of the events or facts giving rise to a Repurchase Event. Upon receipt of the Purchase AmountAmount and any related indemnity payments, the Trustee Trust Collateral Agent shall release to the Seller Originator or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller Originator and delivered to the Trustee Trust Collateral Agent and are necessary to vest in the Seller Originator or such designee the Transferor's and the Issuer's right, title to and interest in the Receivable.

Appears in 1 contract

Samples: Purchase Agreement (United Fidelity Finance LLC)

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Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered deliver the Receivable Files to the Trustee at the location specified in Schedule B to the Sale Pooling and Servicing Agreement the Receivables Files relating to the Samco ReceivablesAgreement. The Seller shall have until the last day of the second Collection Period following receipt from the Trustee of notification notification, pursuant to Section 2.8 of the Pooling and Servicing Agreement, that there has been a failure to deliver a file with respect to a Receivable (including a Samco Receivable or Linc Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale Pooling and Servicing Agreement or that any of the documents referred to in Section 3.3 2.7 of the Sale Pooling and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to SamcoTrustee, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale Pooling and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders Certificateholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase AmountXxxxxx, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered to the Trustee at the location specified in Schedule B to the Sale Pooling and Servicing Agreement the Receivables Files relating to the Samco Receivables. The Seller shall have until the last day of the second Collection Period following receipt of notification that there has been a failure to deliver a file with respect to a Samco Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale Pooling and Servicing Agreement or that any of the documents referred to in Section 3.3 2.7 of the Sale Pooling and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to Samco, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale Pooling and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders Certificateholders with respect to a breach of this Section SECTION 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section SECTION 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 1 contract

Samples: Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered deliver the Receivable Files to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement the Receivables Files relating to the Samco ReceivablesAgreement. The Seller shall have until the last day of the second Collection Period following receipt from the Trustee of notification notification, pursuant to Section 2.8 of the Sale and Servicing Agreement, that there has been a failure to deliver a file with respect to a Receivable (including a Samco Receivable Receivable) or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 2.7 of the Sale and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to SamcoTrustee, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 1 contract

Samples: Subsequent Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered deliver the Receivable Files to the Trustee at the location specified in Schedule B to the Sale Pooling and Servicing Agreement the Receivables Files relating to the Samco ReceivablesAgreement. The Seller shall have until the last day of the second Collection Period following receipt from the Trustee of notification notification, pursuant to Section 2.8 of the Pooling and Servicing Agreement, that there has been a failure to deliver a file with respect to a Receivable (including a Samco Receivable, Linc Receivable or [[Affiliated Originator] Receivable] or that a file is unrelated to the Receivables identified in Schedule A to the Sale Pooling and Servicing Agreement or that any of the documents referred to in Section 3.3 2.7 of the Sale Pooling and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to SamcoTrustee, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale Pooling and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders Certificateholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 1 contract

Samples: CPS Purchase Agreement (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, in the Seller shall cause to be delivered case of the Initial Receivables, or the related Subsequent Transfer Date, in the case of the Subsequent Receivables, the Originator shall, on behalf of the Transferor, deliver the related Contact Files to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement the Receivables Files relating to the Samco ReceivablesTrust Collateral Agent. The Seller shall have until the last day of the second Collection Period Originator, following receipt from the Trust Collateral Agent of notification that there has been a failure to deliver a file Receivable File with respect to a Samco Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 the definition of the Sale and Servicing Agreement are term "Receivable File" is not contained in a Receivable File, to File shall deliver such file Receivable File or any of the aforementioned documents required to be included in such Receivable File to the TrusteeTrust Collateral Agent no later than the Closing Date or the related Subsequent Transfer Date, as applicable. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second first Collection Period following discovery thereof by the Trustee and notice thereof to Samcothereof, the Seller hereby agrees to Originator shall repurchase any such Receivable from the Trust Issuer as of such last day. In consideration of the purchase of the Receivable, the Seller Originator shall remit the Purchase Amount in the manner specified in Section 4.5 5.05(a) of the Sale and Servicing Agreement. The sole remedy hereunder of the Indenture Trustee, the Trust Collateral Agent, the Issuer or the Securityholders Noteholders with respect to a breach of this Section 5.5, 5.5 shall be to require the Seller Originator to repurchase the Receivable pursuant to this Section 5.5; provided, however, that the Originator shall indemnify the Owner Trustee, the Issuer, the Indenture Trustee, the Trust Collateral Agent, the Note Insurer, the Indenture Trustee, the Back-up Servicer, the Collateral Agent, the Noteholders, the Certificateholder and their respective officers, directors and employees against all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel, which may be asserted against or incurred by any of them, as a result of third party claims arising out of the events or facts giving rise to a Repurchase Event. Upon receipt of the Purchase AmountAmount and any related indemnity payments, the Trustee Trust Collateral Agent shall release to the Seller Originator or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller Originator and delivered to the Trustee Trust Collateral Agent and are necessary to vest in the Seller Originator or such designee the Transferor's and the Issuer's right, title to and interest in the Receivable.

Appears in 1 contract

Samples: Purchase Agreement (United Fidelity Auto Receivables Trust 2002-A)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement the Receivables Files relating to the Initial Samco Receivables. On or prior to each Subsequent Closing Date, the Seller shall deliver the Receivable Files for the related Subsequent Receivables to the Trustee at the location specified in Schedule B to the Sale and Servicing Agreement. The Seller shall have until the last day of the second Collection Period following receipt of notification that there has been a failure to deliver a file with respect to a Samco Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale and Servicing Agreement or that any of the documents referred to in Section 3.3 of the Sale and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to Samco, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 4.7 of the Sale and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 1 contract

Samples: Execution (Consumer Portfolio Services Inc)

Delivery of Receivable Files. On or prior to the Closing Date, the Seller shall cause to be delivered to the Trustee at the location specified in Schedule B to the Sale Pooling and Servicing Agreement the Receivables Files relating to the Samco Receivables. The Seller shall have until the last day of the second Collection Period following receipt of notification that there has been a failure to deliver a file with respect to a Samco Receivable or that a file is unrelated to the Receivables identified in Schedule A to the Sale Pooling and Servicing Agreement or that any of the documents referred to in Section 3.3 2.7 of the Sale Pooling and Servicing Agreement are not contained in a Receivable File, to deliver such file or any of the aforementioned documents required to be included in such Receivable File to the Trustee. Unless such defect with respect to such Receivable File shall have been cured by the last day of the second Collection Period following discovery thereof by the Trustee and notice thereof to Samco, the Seller hereby agrees to repurchase any such Receivable from the Trust as of such last day. In consideration of the purchase of the Receivable, the Seller shall remit the Purchase Amount in the manner specified in Section 4.5 of the Sale Pooling and Servicing Agreement. The sole remedy hereunder of the Trustee, the Trust or the Securityholders Certificateholders with respect to a breach of this Section 5.5, shall be to require the Seller to repurchase the Receivable pursuant to this Section 5.5. Upon receipt of the Purchase Amount, the Trustee shall release to the Seller or its designee the related Receivable File and shall execute and deliver all instruments of transfer or assignment, without recourse, as are prepared by the Seller and delivered to the Trustee and are necessary to vest in the Seller or such designee title to the Receivable.

Appears in 1 contract

Samples: Purchase Agreement (Consumer Portfolio Services Inc)

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