Common use of Due Qualification Clause in Contracts

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;

Appears in 166 contracts

Samples: Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2023-2), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2023-2), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2023-1)

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Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is entity in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this AgreementReceivables) requires or shall require such qualification;

Appears in 131 contracts

Samples: Servicing Agreement (Ally Auto Receivables Trust 2024-1), Servicing Agreement (Ally Auto Receivables Trust 2024-1), Servicing Agreement (Ally Auto Receivables Trust 2023-1)

Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications and where the failure to so qualify will have a material adverse effect on the ability of the Servicer to conduct its business or perform its obligations under this Agreement.

Appears in 118 contracts

Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2024-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-a Owner Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary material licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where the failure to be so qualified or to have obtained such licenses or approvals would not have a material adverse effect on the Servicer’s earnings, business affairs or business prospects.

Appears in 103 contracts

Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2024-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2024-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2024-A)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement.

Appears in 85 contracts

Samples: Sale and Servicing Agreement, Sale and Servicing Agreement (Nissan Auto Receivables 2019-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2019-B Owner Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 77 contracts

Samples: Sale and Servicing Agreement (American Honda Receivables LLC), Sale and Servicing Agreement (Honda Auto Receivables 2011-1 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2011-1 Owner Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporationbusiness, is in good standing as a foreign entity and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including or the servicing of the Pool Receivables as required by this Agreement) Agreement requires or shall require such qualification;, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 73 contracts

Samples: Receivables Financing Agreement (Concentrix Corp), Receivables Purchase Agreement (Kinetik Holdings Inc.), Receivables Financing Agreement (Alliance Resource Partners Lp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is limited liability company in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease to obtain such licenses and approvals would, in the reasonable judgment of property the Servicer, materially and adversely affect the performance by the Servicer of its obligations under, or the conduct of its business (including the servicing validity or enforceability of, this Agreement, any of the Receivables as required by this Agreement) requires other Transaction Documents, the Receivables, the Notes or shall require such qualification;the Certificates.

Appears in 72 contracts

Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2024-2), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (CarMax Auto Owner Trust 2024-1)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which such qualification, license or approval is necessary for the ownership or lease of property or the conduct performance of its business (including the servicing obligations under and consummation of the Receivables as required transactions contemplated by this Agreement) requires or shall require such qualification;the Basic Documents.

Appears in 56 contracts

Samples: Sale and Servicing Agreement (Honda Auto Receivables 2018-1 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2018-1 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2017-4 Owner Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;

Appears in 56 contracts

Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-a-M), Sale and Servicing (Americredit Automobile Receivable Trust 2005-D-A), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2005-B-M)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporationbusiness, is in good standing as a foreign entity (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses or approvals, except where the failure to so qualify or obtain licenses or approvals would not reasonably be expected to have a Material Adverse Effect.

Appears in 54 contracts

Samples: Transfer and Servicing Agreement (Verizon Owner Trust 2020-C), Transfer and Servicing Agreement (Verizon Owner Trust 2020-B), Transfer and Servicing Agreement (Verizon Owner Trust 2020-A)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 49 contracts

Samples: Form of Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Form of Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which where the ownership or lease of property or failure to do so would reasonably be expected to materially and adversely affect the conduct of its business (including Servicer’s ability to acquire, own and service the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;Receivables.

Appears in 45 contracts

Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2024-A), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2024-A), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2023-C)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which each jurisdiction where any such failure to do so would materially and adversely affect the ownership or lease of property or Servicer’s ability to perform its obligations under and consummate the conduct of its business (including transactions contemplated by the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;Basic Documents.

Appears in 44 contracts

Samples: Sale and Servicing Agreement (Honda Auto Receivables 2024-2 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2024-2 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2024-1 Owner Trust)

Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 42 contracts

Samples: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Uacsc 1997-a Auto Trust), Pooling and Servicing Agreement (Uacsc 1997-D Auto Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is limited liability company in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease to obtain such licenses and approvals would, in the reasonable judgment of property the Servicer, materially and adversely affect the performance by the Servicer of its obligations under, or the conduct of its business (including validity or enforceability of, this Agreement, the servicing Indenture, the Trust Agreement, any of the Receivables as required by this Agreement) requires other Transaction Documents, the Receivables, the Notes or shall require such qualification;the Certificates.

Appears in 36 contracts

Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-4), Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-3), Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-2)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporationlimited liability company, is in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;

Appears in 35 contracts

Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-3), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-3), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-2)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is limited liability company in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Standard Receivables and the Fixed Value Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 34 contracts

Samples: Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2008-A), Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2008-B), Sale and Servicing Agreement (DaimlerChrysler Auto Trust 2007-A)

Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 30 contracts

Samples: Pooling and Servicing Agreement (Fifth Third Holdings Funding, LLC), Pooling and Servicing Agreement (Citizens Auto Receivables, LLC), Pooling and Servicing Agreement (Bas Securitization LLC)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables Loans and the related Contracts as required by this Agreement) Agreement requires or shall require such qualification;qualifications except where such failure will not have a material adverse effect.

Appears in 29 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which where the ownership or lease of property or failure to do so would materially and adversely affect the conduct of its business (including Servicer’s ability to acquire, own and service the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;Receivables.

Appears in 28 contracts

Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2015-C), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2015-B), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2015-A)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this AgreementAgreement and the performance of its other obligations under this Agreement and the other Basic Documents to which it is a party) requires or shall require such qualification;qualifications.

Appears in 23 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Auto Receivables Trust 2005-B), Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) or the consummation of the transactions contemplated by the Basic Documents requires or shall require such qualification;.

Appears in 17 contracts

Samples: Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is entity in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement.

Appears in 16 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2024-a Owner Trust), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Sale and Servicing Agreement (Nissan Auto Receivables 2024-a Owner Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;

Appears in 15 contracts

Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation or other foreign entity (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables and any Participation Interests as required by this Agreement requires such qualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement) requires or shall require such qualification;.

Appears in 13 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Credit Account Master Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;.

Appears in 13 contracts

Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2024-1), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2024-2), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2024-2)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporationand, where necessary, is in good standing as a foreign corporation (or is exempt from such requirement) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including businesses requires such qualification, except where the servicing of the Receivables as required by failure to so qualify or obtain licenses or approvals would not have material adverse effect on its ability to perform its obligations under this Agreement) requires or shall require such qualification;.

Appears in 13 contracts

Samples: Pooling and Servicing Agreement (Wholesale Auto Receivables Corp), Pooling and Servicing Agreement (Superior Wholesale Inventory Financing Trust Xii), Pooling and Servicing Agreement (Superior Wholesale Inventory Financing Trust X)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is entity in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this AgreementLease Assets) requires or shall require such qualification;.

Appears in 12 contracts

Samples: Servicing Agreement (Ally Auto Assets LLC), Servicing Agreement (Ally Auto Assets LLC), Servicing Agreement (Ally Auto Assets LLC)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 12 contracts

Samples: Trust and Servicing Agreement (Bay View Transaction Corp), Trust and Servicing Agreement (Uacsc Auto Trusts), Trust and Servicing Agreement (Uacsc 1999-B Owner Tr Auto Rec Bk Notes)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the of servicing of the Receivables as required by this Agreement) Agreement requires or shall will require such qualification;

Appears in 12 contracts

Samples: Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation or other foreign entity (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables (including the underlying receivables) and any Participation Interests as required by this Agreement requires such qualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement) requires or shall require such qualification;.

Appears in 12 contracts

Samples: Transfer and Servicing Agreement (Signet Jewelers LTD), Transfer and Servicing Agreement (HSBC Credit Card Master Note Trust (Usa) I), Transfer and Servicing Agreement (Signet Group PLC)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation or other foreign entity (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) Agreement requires or shall require such qualification;, except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement.

Appears in 11 contracts

Samples: Servicing Agreement, Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which failure to so qualify or to obtain such licenses and approvals would have a material adverse effect on the ownership or lease of property or the conduct of its business (including the servicing interests of the Receivables as required by this Agreement) requires Investor Certificateholders hereunder or shall require such qualification;under any Supplement.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Target Corp), Pooling and Servicing Agreement (Providian Master Trust), Pooling and Servicing Agreement (Travelers Bank Credit Card Master Trust I)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease to obtain such licenses and approvals would, in the reasonable judgment of property the Depositor, materially and adversely affect the performance by the Depositor of its obligations under, or the conduct of its business (including validity or enforceability of, this Agreement, the servicing Indenture, the Trust Agreement, any of the Receivables as required by this Agreement) requires other Transaction Documents, the Receivables, the Notes or shall require such qualification;the Certificates.

Appears in 8 contracts

Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2004-1), Sale and Servicing Agreement (CarMax Auto Owner Trust 2004-2), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which where the ownership or lease of property or failure to do so would materially and adversely affect the conduct performance of its business (including obligations under this Agreement and the servicing of the Receivables as required by this Agreement) requires or shall require such qualificationRelated Documents;

Appears in 8 contracts

Samples: Contribution and Servicing Agreement (Conseco Finance Lease 2000-1 LLC), Transfer and Servicing Agreement (Capita Equipment Receivables Trust 1996-1), Transfer and Servicing Agreement (Antigua Funding Corp)

Due Qualification. The Servicer is duly qualified to do business business, is in good standing as a foreign corporation, is in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses or approvals and in which the failure so to qualify or to obtain such licenses and approvals or to preserve and maintain such qualification, licenses or approvals could reasonably be expected to give rise to a Material Adverse Effect with respect to the Servicer.

Appears in 8 contracts

Samples: Servicing Agreement, Receivables Purchase Agreement (Domus Holdings Corp), Purchase Agreement (NRT Settlement Services of Missouri LLC)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this AgreementReceivables) requires or shall require such qualification;

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2006-1), Pooling and Servicing Agreement (Capital Auto Receivables Inc), Pooling and Servicing Agreement (Capital Auto Receivables Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement requires such qualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse affect on its ability to perform its obligations as Servicer under this Agreement) requires or shall require such qualification;.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust), Pooling and Servicing Agreement, Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust)

Due Qualification. The Servicer is duly qualified to do ----------------- business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;

Appears in 8 contracts

Samples: Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Sale and Servicing Agreement (Americredit Financial Services Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;.

Appears in 8 contracts

Samples: Servicing Agreement (Navistar Financial Corp), Servicing Agreement (Navistar Financial Corp), Servicing Agreement (Navistar Financial Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement and the Titling Trust Servicing Agreement) requires or shall require such qualification;.

Appears in 7 contracts

Samples: Servicing Agreement (Navistar Financial 2004-B Owner Trust), Servicing Agreement (Navistar Financial Retail Rec Corp Navistar Fin 04 a Own Tr), Servicing Agreement (Navistar Financial 2005-a Owner Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is limited liability company in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 7 contracts

Samples: Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2010-A), Form of Sale and Servicing Agreement (Chrysler Financial Services Americas LLC), Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2009-B)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the in servicing of the Receivables Contracts as required by this Agreement requires such qualifications except where such failure will not have a material adverse effect or the Servicer’s ability to service the Contracts as required by this Agreement) requires or shall require such qualification;

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-1), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-2)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2004-A), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualification except where the failure to so qualify or obtain such licenses or consents would not result in a Material Adverse Effect or a Material Adverse Change.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 5 contracts

Samples: Sale and Servicing (M&i Dealer Auto Securitization LLC), Sale and Servicing Agreement (Bond Securitization LLC), Sale and Servicing Agreement (M&i Dealer Auto Securitization LLC)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which where the ownership or lease failure to do so would materially and adversely affect the ability of property the Servicer to service, or the conduct of its business (including enforceability of, the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;Receivables.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (First Security Bank Na), Pooling and Servicing Agreement (First Security Corp /Ut/), Pooling and Servicing Agreement (First Security Bank Na)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) the Agreement requires such qualification except where failure to so qualify or shall require to obtain such qualification;licenses and approvals would not have a material adverse effect on its ability to perform its obligations hereunder or under any Supplement.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Capital One Funding, LLC), Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which failure to so qualify or to obtain such licenses and approvals would have a material adverse effect on the ownership or lease of property or the conduct of its business (including the servicing interests of the Receivables as required by this Agreement) requires or shall require such qualification;Noteholders.

Appears in 5 contracts

Samples: Servicing Agreement (Bread Financial Holdings, Inc.), Transfer and Servicing Agreement, Transfer and Servicing Agreement (Alliance Data Systems Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;; except where the failure to qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement and the other Related Documents to which it is a party.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (HSBC Automotive Trust (USA) 2006-1), Sale and Servicing Agreement (HSBC Automotive Trust (USA) 2006-3), Sale and Servicing Agreement (HSBC Auto Receivables Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables Dealer Loans and the related Contracts as required by this Agreement) Agreement requires or shall require such qualification;qualifications except where such failure will not have a material adverse effect.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation)

Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Toyota Motor Credit Corp), Receivables Purchase Agreement (Lexmark International Group Inc), Sale and Servicing Agreement (Toyota Motor Credit Corp)

Due Qualification. The Servicer is duly qualified to do business ----------------- as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;

Appears in 4 contracts

Samples: Sale and Servicing (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is in good standing standing, and has obtained all necessary licenses and approvalsapprovals as required under the laws of, in all jurisdictions states in which the ownership or lease of property its property, the performance of its obligations pursuant to this Agreement or the other conduct of its business (including requires such qualification, standing, license or approval, except to the servicing extent that the failure to so qualify, maintain such standing or be so licensed or approved would not, in the aggregate, materially and adversely affect the ability of the Receivables as required by Servicer to comply with this Agreement) requires or shall require such qualification;.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Tl Lease Funding Corp Iv), Servicing Agreement (Trans Leasing International Inc), Pooling and Servicing Agreement (Trans Leasing International Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this AgreementAgreement and the other Transaction Documents to which it is a party) requires or shall require such qualification;.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Bay View Capital Corp), Sale and Servicing Agreement (Bay View Capital Corp)

Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this the Agreement) requires or shall require such qualification;qualifications.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1), Nationscredit Securitization Corp

Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where the failure to so qualify would not materially and adversely affect the performance by the Depositor of its obligations under, or the validity or enforceability of this Agreement or the Certificates.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bay View Securitization Corp), Pooling and Servicing Agreement (Bay View Securitization Corp), Pooling and Servicing Agreement (Bay View Securitization Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which where the ownership or lease of property or failure to do so would materially and adversely affect the conduct of its business (including Servicer's ability to acquire, own and service the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;Receivables.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where failure to qualify will not have a material adverse effect on the Receivables or the business, prospects or financial condition of the Servicer.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Asta Funding Inc), Pooling and Servicing Agreement (Asta Funding Inc), Pooling and Servicing Agreement (Asta Funding Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of order to service the Receivables as required by this Agreement) requires . If the Servicer shall be required by any Requirement of Law to so qualify or register or obtain such license or approval, then it shall require such qualification;do so.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust)

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Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses and approvals except where the failure to be qualified or to obtain such qualifications, licenses and approvals would not materially and adversely affect the rights or interests of any of the Noteholders, the Note Insurer or the Trust Estate.

Appears in 4 contracts

Samples: Indenture and Servicing Agreement (Creditrust Corp), Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (MCM Capital Group Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary material licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where the failure to be so qualified or to have obtained such licenses or approvals would not have a material adverse effect on the Servicer's earnings, business affairs or business prospects.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation or other foreign entity (or is exempt from such requirements), and has obtained all necessary licenses and approvals, in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) the Agreement requires such qualification except where failure to so qualify or shall require to obtain such qualification;licenses and approvals would not have a material adverse effect on its ability to perform its obligations hereunder or under any Supplement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is limited liability company in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business activities (including the servicing of the Receivables Leases and Vehicles as required by this Agreement) requires such qualifications, unless the failure to obtain such qualifications, licenses or shall require such qualification;approvals would not reasonably be expected to have a material adverse effect on the ability of the Servicer to perform its obligations under any Servicer Basic Document.

Appears in 3 contracts

Samples: Servicing Agreement (Mercedes-Benz Auto Lease Trust 2023-A), Servicing Agreement (Mercedes-Benz Auto Lease Trust 2023-A), Servicing Agreement (Daimler Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Standard Receivables and the Fixed Value Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Premier Auto Trust 1996-4), Sale and Servicing Agreement (Premier Auto Trust 1997 1), Sale and Servicing Agreement (Premier Auto Trust 1998 5)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables and the Related Transferred Assets as required by this Agreement) Agreement requires qualification, licenses or shall require such qualification;approvals.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (International Comfort Products Corp), Pooling and Servicing Agreement (International Comfort Products Corp), Pooling and Servicing Agreement (Healthcare Financial Partners Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary material licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications.

Appears in 3 contracts

Samples: Servicing Agreement (First Investors Financial Services Group Inc), Servicing Agreement (First Investors Financial Services Group Inc), Servicing Agreement (First Investors Financial Services Group Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is cooperative corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses or approvals, except where the failure to so qualify or have such licenses or approvals has not had, and could not reasonably be expected to have, a Material Adverse Effect.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Land O Lakes Inc), Receivables Purchase Agreement (Land O Lakes Inc), Receivables Purchase Agreement (Land O Lakes Inc)

Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this the Agreement) requires or shall require such qualification;qualifications.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Fleetwood Credit Receivables Corp), Pooling and Servicing Agreement (Fleetwood Credit Receivables Corp), Pooling and Servicing Agreement (Fleetwood Credit Receivables Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which where the ownership or lease of property or the conduct of failure to do so would have a material adverse effect on its business (including the servicing of ability to perform its obligations under its Related Documents and its ability to enforce the Receivables as required by this Agreement) requires or shall require such qualificationand the other Trust Property;

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Paragon Auto Receivables Corp), Pooling and Servicing Agreement (Paragon Auto Receivables Corp), Sale and Servicing Agreement (Paragon Auto Receivables Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications. (c)

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Mmca Auto Receivables Inc), Sale and Servicing Agreement (Mmca Auto Receivables Inc), Sale and Servicing Agreement (Mmca Auto Receivables Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is limited liability company in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the its ownership or lease of property or the conduct of its business (including the servicing of the Receivables Contracts as required by this Agreement) requires or shall require such qualification;qualifications, licenses and approvals and where the failure to so qualify (or to obtain such licenses or approvals) could reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Servicing Agreement (Financial Pacific Co), Servicing Agreement (Financial Pacific Co)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements) in any jurisdiction where such qualification is required in order to conduct its business, and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Underlying Receivables as required by this Agreement requires such qualification except where the failure to so qualify or obtain such licenses and approvals would not reasonably be expected to have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement) requires or shall require such qualification;.

Appears in 2 contracts

Samples: Servicing Agreement (Bluestem Brands, Inc.), Servicing Agreement (Bluestem Brands, Inc.)

Due Qualification. The Servicer is duly qualified to do business ----------------- as a foreign corporation, is in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;

Appears in 2 contracts

Samples: Servicing and Custodian Agreement (Americredit Corp), Servicing and Custodian Agreement (Americredit Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement. 52 (Nissan 2014-B Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2014-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2014-B Owner Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where the failure of the Servicer so to qualify or obtain such licenses or approvals would not have a material adverse effect on the Servicer, the Issuer or any Receivable.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Sale and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct 52 (Nissan 2012-B Sale and Servicing Agreement) of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2012-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2012-B Owner Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is entity in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement. 44 (NAROT 2022-B Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2022-B Owner Trust), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation or other foreign entity (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables (including the underlying receivables) as required by this Agreement requires such qualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement) requires or shall require such qualification;.

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Compucredit Corp), Transfer and Servicing Agreement (Advanta Business Recievables Corp)

Due Qualification. The Servicer is duly qualified to do business as a ----------------- foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp), Sale and Servicing Agreement (Asset Backed Securities Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement. 47 (NAROT 2017-C Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2017-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2017-C Owner Trust)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, corporation and is in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions where the failure to be so qualified and in which good standing or obtain such licenses or approvals would have a material adverse effect on the ownership Servicer's business and operations or lease of property or the conduct of its business (including the servicing of the Receivables Contracts as required by this Agreement) requires Agreement or shall require such qualification;the performance of its obligations under the Transaction Documents to which it is a party.

Appears in 2 contracts

Samples: Servicing Agreement (HPSC Inc), Servicing Agreement (HPSC Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualification except where the failure to so qualify or obtain such licenses or consents could not reasonably be expected to result in a material adverse effect with respect to it or to the Receivables or the Other Conveyed Property.

Appears in 2 contracts

Samples: Sale and Servicing (Silverleaf Resorts Inc), Sale and Servicing Agreement (Silverleaf Resorts Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses and approvals except where the failure to be qualified or to obtain such qualifications, -58- 66 licenses and approvals would not materially and adversely affect the rights or interests of any of the Noteholders, the Note Insurer or the Trust Estate.

Appears in 2 contracts

Samples: Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (MCM Capital Group Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where the failure of the Servicer so to qualify or obtain such licenses or approvals would not have a material adverse effect on the Servicer, the Trust or any Receivable.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Asset Backed Securities Corp), Sale and Servicing Agreement (Compass Auto Receivables Trust 1998-A)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation and has obtained all necessary licenses and approvals, in all jurisdictions each jurisdiction in which failure to so qualify or to obtain such licenses and approvals would render any Mortgage File relating to any Mortgage Loan unenforceable by it, the ownership or lease of property Depositor or the conduct of Trustee and would have a material adverse effect on its business business, properties, assets or condition (including the servicing of the Receivables as required by this Agreement) requires financial or shall require such qualification;other).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (American General Finance Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which failure to so qualify or to obtain such licenses and approvals would have a material adverse effect on the ownership or lease of property or the conduct of its business (including the servicing interests of the Receivables as required by this Agreement) requires Investor Certificateholders hereunder or shall require such qualification;under any Supplement. (c)

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Neiman Marcus Group Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses and approvals, except where the failure to be qualified or to obtain such qualifications, licenses and approvals would not materially and adversely affect the rights or interests of any of the Noteholders, the Note Insurer or the Trust Estate.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Creditrust Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, corporation and is in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions states in which the ownership or lease of property or the conduct of its business (including requires such qualification, except to the servicing extent that the failure to so qualify or obtain such licenses and approvals would not, in the aggregate, materially adversely affect the ability of the Receivables as required by Servicer to perform its obligations under this Agreement) requires , the Purchase Agreement, the Insurance Agreement, the Letter of Credit Reimbursement Agreement or shall require such qualification;the Equipment and Lease Purchase Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Rockford Industries Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables Leases as required by this Agreement) requires or shall require such qualification;qualifications.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Provident Lease Receivables Corp)

Due Qualification. The Servicer is duly ----------------- qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which where the ownership or lease failure to do so would materially and adversely affect the ability of property the Servicer to service, or the conduct of its business (including enforceability of, the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;Receivables.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Security Bank Na)

Due Qualification. The Servicer is duly qualified ----------------- to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;

Appears in 1 contract

Samples: Sale and Servicing Agreement (TFC Enterprises Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, corporation and is in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions states in which the ownership or lease of property or the conduct of its business (including requires such qualification, except to the servicing extent that the failure to so qualify or obtain such licenses and approvals would not, in the aggregate, materially and adversely affect the ability of the Receivables as required by Servicer to perform its obligations under this Agreement) requires or shall require such qualification;.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Learning Co Inc)

Due Qualification. The Servicer is duly qualified to do business as ----------------- a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses or approvals.

Appears in 1 contract

Samples: Receivables Purchase Agreement (C H Robinson Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership failure to obtain such license or lease of property approval would have a material adverse affect upon the Certificateholders or upon the conduct of its business (including the servicing ability of the Receivables as required by Servicer to perform its obligations under this Agreement) requires or shall require such qualification;.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ingram Micro Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses and approvals, except where the failure to be qualified or to obtain such qualifications, licenses and approvals would not materially and adversely affect the rights or interests of any of the Noteholders or the Trust Estate.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Creditrust Corp)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation or other foreign entity (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals required to carry on its business in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including is conducted except where the servicing of the Receivables failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations as required by Servicer under this Agreement) requires or shall require such qualification;.

Appears in 1 contract

Samples: Note Purchase Agreement (Bon Ton Stores Inc)

Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary 84 licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this AgreementAgreement and the performance of its other obligations under this Agreement and the other Basic Documents to which it is a party) requires or shall require such qualification;qualifications.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Holdings Corp)

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