Common use of Title to the Contracts Clause in Contracts

Title to the Contracts. Immediately prior to the (A) Closing Date (with respect to each Initial Contract) and (B) related Subsequent Transfer Date (with respect to each related Subsequent Contract), the Seller will have good and indefeasible title to and will be the sole owner of each Contract to be transferred to the Issuer pursuant to Section 2.01 free of liens, claims, encumbrances and rights of any Person and, upon transfer of such Contract to the Issuer pursuant to Section 2.01, the Issuer will have good and indefeasible title to and will be the sole owner of such Contract free of liens, claims, encumbrances and rights of any Person, except for the Lien of the Indenture Trustee under the Indenture; provided, however, the Issuer or Indenture Trustee may be required to file or record a transfer of the lien on a Financed Vehicle prior to enforcement of that lien in the name of the Issuer or Indenture Trustee, respectively.

Appears in 3 contracts

Sources: Sale and Servicing Agreement (WFS Financial 2005-2 Owner Trust), Sale and Servicing Agreement (WFS Financial 2005-3 Owner Trust), Sale and Servicing Agreement (WFS Receivables Corp 3)