Eligibility of Contracts Sample Clauses

Eligibility of Contracts. Each Contract classified as an “Eligible Contract” (or included in any aggregation of balances of “Eligible Contracts”) by the Seller or the Servicer in any document or report delivered hereunder satisfied the requirements contained in the definition of Eligible Contract on the date each such Contract was conveyed or pledged to the Trust.

Eligibility of Contracts. As of the Closing Date, (i) Schedule I to this Agreement and the information contained in the Purchase Certificate delivered pursuant to Section 2.2(b) is an accurate and complete listing in all material respects of all the Existing Contracts in the Asset Pool as of the Closing Date and the information contained therein with respect to the identity of such Contracts and the amounts owing thereunder is true and correct in all material respects as of the related Cut Off Date, (ii) each such Contract is an Eligible Contract, (iii) each such Contract and the related Equipment is free and clear of any Lien of any Person (other than Permitted Liens) and in compliance with all Requirements of Law applicable to the Seller and (iv) with respect to each such Contract, all consents, licenses, approvals or authorizations of or registrations or declarations with any Governmental Authority required to be obtained, effected or given by the Seller in connection with the transfer of an interest in such Contract and the related Equipment to the Deal Agent as agent for the Purchasers have been duly obtained, effected or given and are in full force and effect. On each Addition Date on which Additional Contracts are added by the Seller to the Asset Pool, the Seller shall be deemed to represent and warrant that (i) such Additional Contract referenced on the related Purchase Certificate delivered pursuant to Section 2.2(b) hereof is an Eligible Contract, (ii) each such Additional Contract and the related Equipment is free and clear of any Lien of any Person (other than Permitted Liens) and in compliance with all Requirements of Law applicable to Seller and/or the Originator, (iii) with respect to each such Additional Contract, all consents, licenses, approvals, authorizations, registrations or declarations with any Governmental Authority required to be obtained, effected or given by the Seller in connection with the addition of such Contract and the related Equipment to the Asset Pool have been duly obtained, effected or given and are in full force and effect and (iv) the representations and warranties set forth in Section 4.2(a) are true and correct with respect to each Contract transferred on such day as if made on such day.

Eligibility of Contracts. Each Contract classified as an “Eligible Dealer Loan Contract” or “Eligible Purchased Loan Contract” (or included in any aggregation of balances of “Eligible Dealer Loan Contracts” or “Eligible Purchased Loan Contracts”) by CAC in any document or report delivered hereunder or under the Loan and Security Agreement, at the time of such representation, or at the time of such calculation, as applicable, in fact satisfied the requirements contained in the definition of Eligible Dealer Loan Contract or Eligible Purchased Loan Contract on the date such Contract was conveyed or pledged to Funding.

Eligibility of Contracts. As of the Initial Advance Date, (i) the Advance Notice delivered pursuant to Section 2.2 is an accurate and complete listing in all material respects of all the Contracts in the Asset Pool as of the Initial Advance Date and the information contained therein with respect to the identity of such Contracts and the amounts owing thereunder is true and correct in all material respects as of the related Cut-Off Date, (ii) each such Contract is an Eligible Contract, and (iii) with respect to each such Contract, all consents, licenses, approvals or authorizations of or registrations or declarations with any Governmental Authority required to be obtained, effected or given by the Borrower in connection with the transfer of an interest in such Contract and the related Equipment to the Trustee, for the benefit of the Secured Parties, have been duly obtained, effected or given and are in full force and effect. On each Addition Date on which Contracts are added by the Borrower to the Asset Pool, the Borrower shall be deemed to represent and warrant that (i) such Contract referenced on the related Advance Notice delivered pursuant to Section 2.2 hereof (or, with respect to a substitution, the related Assignment Agreement) is an Eligible Contract, (ii) with respect to each such Contract, all consents, licenses, approvals, authorizations, registrations or declarations with any Governmental Authority required to be obtained, effected or given by the Borrower in connection with the addition of such Contract and the related Equipment to the Asset Pool have been duly obtained, effected or given and are in full force and effect, and (iii) the representations and warranties set forth in Section 4.2(a) are true and correct with respect to each Contract transferred on such day as if made on such day.

Eligibility of Contracts. As of the Closing Date, (i) the Contract List and the computer file or microfiche or written list delivered in connection therewith is an accurate and complete listing in all material respects of all the Contracts transferred hereunder, and the information contained therein with respect to the identity of such Contracts and the amounts owing thereunder is true and correct in all material respects as of the Closing Date, (ii) each such Contract is an Eligible Contract, (iii) each such Contract and the Equipment or Vehicle is free and clear of any Lien of any Person (other than Permitted Liens) and in compliance, in all material respects, with all Requirements of Law applicable to the Originator, and (iv) with respect to each such Contract, all material consents, licenses, approvals or authorizations of or registrations or declarations with any Governmental Authority required to be obtained, effected or given by the Originator in connection with the transfer of such Contract and the related Equipment or Vehicle to the Buyer have been duly obtained, effected or given and are in full force and effect.

Eligibility of Contracts. As of each related Purchase Date with respect to the Purchased Assets transferred by the Originator to the Buyer on such Purchase Date, (i) Schedule I to the applicable Assignment Agreement is an accurate and complete listing in all material respects of such Purchased Assets conveyed to the Buyer as of such Purchase Date and the information contained therein with respect to the identity of such Purchased Assets and the amounts owing thereunder is true and correct in all material aspects as of the related Cut-Off Date, (ii) each such Contract satisfies the Eligible Contract Criteria, (iii) the representations and warranties set forth in Section 4.2(a) are true and correct with respect to each Contract transferred on such day as if made on such day, and (iv) with respect to each such Purchased Asset, all consents, licenses, approvals or authorizations of or registrations or declarations with any Governmental Authority required to be obtained, effected or given by the Originator in connection with the transfer of an interest in such Purchased Asset to the Buyer have been duly obtained, effected or given and are in full force and effect.

Eligibility of Contracts. The Financing Originator hereby represents and warrants to the Buyer as of the Cut-Off Date, with respect to each Series 1996-3 Contract sold hereunder, that: (a) the information delivered hereunder (including without limitation, in the Contract Specification Certificate) with respect to such Series 1996-3 Contract, any related Secondary Contract and any related Equipment is true and correct in all material respects; (b) immediately prior to the transfer of such Series 1996-3 Contract to the Buyer, such Series 1996-3 Contract was owned by the Financing Originator free and clear of any adverse claim; (c) except as otherwise stated on Schedule I, such Series 1996-3 Contract did not have a Scheduled Payment that was a delinquent payment for more than 60 days, and such Series 1996-3 Contract is not otherwise a Defaulted Contract; (d) no provision of such Series 1996-3 Contract has been waived, altered or modified in any respect, except by instruments or documents contained in the Contract File (other than payment delinquencies permitted under clause (c) above); (e) such Series 1996-3 Contract is a valid and binding payment obligation of the related Obligor and is enforceable in accordance with its terms (except as may be limited by applicable Insolvency Laws, and the availability of equitable remedies); (f) such Series 1996-3 Contract is not and will not be subject to rights of rescission, setoff, counterclaim or defense and, to the Financing Originator's knowledge, no such rights have been asserted or threatened with respect to such Series 1996-3 Contract; (g) such Series 1996-3 Contract, at the time it was made, did not violate the laws of the United States or any state; (h) (A) such Series 1996-3 Contract and any related Equipment have not been sold, transferred, assigned or pledged by the Financing Originator to any other person (other than the sale of the related Equipment to the End-User in connection with CSAs, Secured Notes and "non-true leases" and a related Residual Investment (other than a Guaranteed Residual Investment, and any related Subordinated Residual Interest) and, with respect to a "true lease," any related Equipment is free and clear of any Liens of any third parties except for any Subordinated Residual Interest and Permitted Liens and (B) either (1) such Series 1996-3 Contract is secured by a fully perfected first priority security interest in the related Equipment, or in the case of a Vendor Note, the related Applicable Security (except ...

Eligibility of Contracts. As of the Closing Date, (i) Schedule I to this Agreement and the information contained in the Borrowing Certificate delivered pursuant to Section 2.2 is an accurate and complete listing in all material respects of all the Contracts in the Collateral as of the Closing Date and the information contained therein with respect to the identity of such Contracts and the amounts owing thereunder is true and correct in all material respects as of the Cut Off Date, (ii) each such Contract is an Eligible Contract, (iii) each such Contract and the related Equipment or Vehicle is free and clear of any Lien of any Person (other than Permitted Liens) and in compliance with all Requirements of Law applicable to the Borrower, and (iv) with respect to each such Contract, all consents, licenses, approvals or authorizations of or registrations or declarations with any Governmental Authority required to be obtained, effected or given by the Borrower in connection with the transfer of an interest in such Contract and the related Equipment or Vehicle to the Deal Agent as agent for the Secured Parties have been duly obtained, effected or given and are in full force and effect.