Common use of Auto Receivables Clause in Contracts

Auto Receivables. Except as set forth on Section 5.09 of the Disclosure Schedule, with respect to any Auto Receivable held by Seller: (a) The Auto Receivable represents a bona fide sale or finance of the vehicle or vessel described therein to the Loan Debtor for the amount set forth in the applicable Loan Documents. (b) The vehicle or vessel described in the Loan Document evidencing the Auto Receivable has been delivered to and accepted by the vehicle or vessel purchaser and such acceptance, to Seller’s Knowledge, which for purposes of this Section 5.09(b) includes the loan officer principally responsible for the origination of such Loan, has not been revoked. (c) The security interest created by the Loan Document evidencing the Auto Receivable is a valid first priority Encumbrance in the vehicle or vessel covered by the Loan Document evidencing the Auto Receivable and all commercially reasonable steps have been taken to create and perfect such Encumbrance in such vehicle or vessel to afford such Encumbrance first priority status. (d) The down payment relating to such Auto Receivable has been paid in full by the vehicle or vessel purchaser in cash and/or trade as shown in the Loan Documents, and no part of the down payment consisted of notes or postdated checks. (e) To Seller’s Knowledge, the written information submitted by the Loan Debtor in connection with the Auto Receivable are true and complete. (f) Each Loan Document evidencing an Auto Receivable complies, in all material respects, with all of Laws applicable to Loan Documents evidencing such Auto Receivable. (g) Seller has no Knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle or vessel, or the Loan Debtor that could reasonably be expected to have a material adverse effect on Seller’s security interest granted in respect of the Auto Receivable.

Auto Receivables. Except Seller represents and warrants to Buyer as to any Auto Receivable that except as set forth on Section 5.09 of the Disclosure Schedule, with respect to any Auto Receivable held by Seller: (a) The To Seller’s Knowledge, the Auto Receivable represents a bona fide sale or finance of the vehicle or vessel described therein to the Loan Debtor vehicle purchaser or owner for the amount set forth in the applicable Loan Documents.therein; (b) The To Seller’s Knowledge, the vehicle or vessel described in the Loan Document evidencing the Auto Receivable has been delivered to and accepted by the vehicle or vessel purchaser and such acceptance, to Seller’s Knowledge, which for purposes of this Section 5.09(b) includes the loan officer principally responsible for the origination of such Loan, has acceptance shall not have been revoked.; (c) The security interest created by the Loan Document evidencing the Auto Receivable is a valid first priority Encumbrance lien in the motor vehicle or vessel covered by the Loan Document evidencing the Auto Receivable and all commercially reasonable steps have action has been taken to create and perfect such Encumbrance lien in such motor vehicle or vessel to within such time following the date of the Auto Receivable as will afford such Encumbrance first priority status.; (d) The To Seller’s Knowledge, the down payment relating to such Auto Receivable has been paid in full by the vehicle or vessel purchaser in cash and/or trade as shown in the Loan Documentssuch Auto Receivable, and no part of the down payment consisted of notes or postdated checks.; (e) To Seller’s Knowledge, the written statements made by the vehicle purchaser or owner and the information submitted by the Loan Debtor vehicle purchaser or owner in connection with the Auto Receivable are true accurate and complete. (f) Each Loan Document evidencing an Auto Receivable complies, complete in all material respects, with all of Laws applicable to Loan Documents evidencing such Auto Receivable.; (gf) Seller has no Knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle or vesselvehicle, or the Loan Debtor that could reasonably be expected to have a material adverse effect Material Adverse Effect on Seller’s security interest granted in respect of; and (g) Each Auto Receivable complies, in all material respects, with all applicable provisions of laws and regulation which are applicable to the transaction represented by the Auto Receivable.

Auto Receivables. Except Seller represents and warrants to Buyer as set forth on Section 5.09 of the Disclosure Schedule, with respect to any Auto Receivable held by Sellerthat: (a) The Auto Receivable represents a bona fide sale or finance of the vehicle or vessel described therein to the Loan Debtor vehicle purchaser or owner for the amount set forth in the applicable Loan Documents.therein; (b) The vehicle or vessel described in the Loan Document evidencing the Auto Receivable has been delivered to and accepted by the vehicle or vessel purchaser and such acceptance, to Seller’s Knowledge, which for purposes of this Section 5.09(b) includes the loan officer principally responsible for the origination of such Loan, has acceptance shall not have been revoked.; (c) The Except as may be disclosed in the Disclosure Schedule, the security interest created by the Loan Document evidencing the Auto Receivable is a valid first priority Encumbrance lien in the motor vehicle or vessel covered by the Loan Document evidencing the Auto Receivable and all commercially reasonable steps have action has been taken to create and perfect such Encumbrance lien in such motor vehicle or vessel to within such time following the date of the Auto Receivable as will afford such Encumbrance first priority status.; (d) The down payment relating to such Auto Receivable has been paid in full by the vehicle or vessel purchaser in cash and/or trade as shown in the Loan Documentssuch Auto Receivable, and no part of the down payment consisted of notes or postdated checks.; (e) To Seller’s Knowledge, The statements made by the written vehicle purchaser or owner and the information submitted by the Loan Debtor vehicle purchaser or owner in connection with the Auto Receivable are true and complete.complete to Seller’s knowledge; (f) Each Loan Document evidencing an Auto Receivable complies, in all material respects, with all applicable provisions of Laws laws and regulation which are applicable to Loan Documents evidencing such the transaction represented by the Auto Receivable. (g) Seller has no Knowledge knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle, the vehicle purchaser or vesselowner, or the Loan Debtor vehicle purchaser’s or owner’s credit standing that could reasonably can be expected to have a material adverse effect on adversely affect Seller’s security interest granted in respect of the Auto Receivable.

Auto Receivables. Except as set forth on Section 5.09 of the Disclosure Schedule, with respect to any Auto Receivable held by Seller: (a) The Auto Receivable represents a bona fide sale or finance of the vehicle or vessel described therein to the Loan Debtor for the amount set forth in the applicable Loan Documents. (b) The vehicle or vessel described in the Loan Document evidencing the Auto Receivable has been delivered to and accepted by the vehicle or vessel purchaser and such acceptance, to Seller’s Knowledge, which for purposes of this Section 5.09(b) includes the loan officer principally responsible for the origination of such Loan, has not been revoked. (c) The security interest created by the Loan Document evidencing the Auto Receivable is a valid first priority Encumbrance in the vehicle or vessel covered by the Loan Document evidencing the Auto Receivable and all commercially reasonable steps have been taken to create and perfect such Encumbrance in such vehicle or vessel to afford such Encumbrance first priority status. (d) The down payment relating to such Auto Receivable has been paid in full by the vehicle or vessel purchaser in cash and/or trade as shown in the Loan Documents, and no part of the down payment consisted of notes or postdated checks. (e) To Seller’s Knowledge, the written information submitted by the Loan Debtor in connection with the Auto Receivable are true and complete. (f) Each Loan Document evidencing an Auto Receivable complies, in all material respects, with all of Laws applicable to Loan Documents evidencing such Auto Receivable. (g) Seller has no Knowledge of any circumstances or conditions with respect to the Auto Receivable, the related vehicle or vessel, or the Loan Debtor that could reasonably be expected to have a material adverse effect on materially impair Seller’s security interest granted in respect of the Auto Receivable.