Common use of Binding Obligation Clause in Contracts

Binding Obligation. Each Receivable shall constitute the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 112 contracts

Samples: Receivables Purchase Agreement (Honda Auto Receivables 2015-4 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2015-4 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2015-4 Owner Trust)

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Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as such enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation moratorium or other similar laws laws, now or hereafter in effect, affecting the enforcement of creditors’ rights in general general, and except as such enforceability may be limited by general principles of equity, regardless of equity (whether such enforceability shall be considered in a proceeding suit at law or in equity or at lawequity).

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)

Binding Obligation. Each The Receivable shall constitute constitutes the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights in general generally and (ii) as such Receivable may be modified by general principles the application after the Cut-Off Date of equitythe Servicemembers Civil Relief Act, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawas amended, to the extent applicable to the related Obligor.

Appears in 93 contracts

Samples: Purchase Agreement (Santander Drive Auto Receivables Trust 2022-6), Purchase Agreement (Santander Drive Auto Receivables Trust 2022-6), Purchase Agreement (Santander Drive Auto Receivables Trust 2022-5)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in all material respects in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors’ rights in general and generally, any state or federal consumer protection laws or regulations or by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 71 contracts

Samples: Receivables Purchase Agreement (CarMax Auto Owner Trust 2024-2), Receivables Purchase Agreement (Carmax Auto Funding LLC), Receivables Purchase Agreement (CarMax Auto Owner Trust 2024-1)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in all material respects in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors’ rights in general generally and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 70 contracts

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

Binding Obligation. Each such Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.

Appears in 53 contracts

Samples: Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-4), Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-4), Pooling Agreement (Ally Auto Receivables Trust 2015-2)

Binding Obligation. Each such Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable in all material respects by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.

Appears in 52 contracts

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

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.

Appears in 46 contracts

Samples: Sale Agreement, Pooling and Servicing Agreement, Sale Agreement (Bank of America Auto Receivables Securitization, LLC)

Binding Obligation. Each Receivable shall constitute represent the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general generally and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 43 contracts

Samples: Purchase Agreement (Mmca Auto Receivables Inc), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001 2), Sale and Servicing Agreement (Mmca Auto Receivables Trust)

Binding Obligation. Each Receivable shall constitute the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 41 contracts

Samples: Receivables Purchase Agreement (Pooled Auto Securities Shelf LLC), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC), Receivables Purchase Agreement (Honda Auto Receivables 2007-1 Owner Trust)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be terms subject to or limited by (i) the effect of bankruptcy, insolvency, reorganization, moratorium, liquidation moratorium or other similar laws affecting the enforcement of creditors’ rights generally, (ii) the effect of general equitable principles and (iii) the potential unenforceability of waivers of jury trial provisions in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawcertain states.

Appears in 41 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Binding Obligation. Each Receivable shall constitute represent the genuine, legal, valid valid, and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be terms subject to or limited by the effect of bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawgenerally.

Appears in 34 contracts

Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two L P), Sale and Servicing Agreement (Ford Credit Auto Receivables Two L P)

Binding Obligation. Each Receivable shall constitute the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or moratorium and other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 33 contracts

Samples: Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp), Receivables Purchase Agreement (Toyota Motor Credit Corp)

Binding Obligation. Each Receivable shall constitute constitutes the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all material respects by the holder thereof in accordance with its terms, except subject, as enforceability may be subject to or limited by enforcement, to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawgenerally.

Appears in 24 contracts

Samples: Sale and Servicing Agreement (Usaa Acceptance LLC), Sale and Servicing Agreement (USAA Auto Owner Trust 2015-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2014-1)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by the effect of bankruptcy, insolvency, reorganization, moratorium, liquidation moratorium or other similar laws affecting the enforcement of creditors' rights in general generally and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawequitable principles.

Appears in 24 contracts

Samples: Purchase Agreement (Nissan Auto Receivables 2001-a Owner Trust), Purchase Agreement (Nissan Auto Receivables 2004-B Owner Trust), Pooling and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Binding Obligation. Each Receivable shall constitute the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or moratorium and other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 24 contracts

Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2011-a Owner Trust), Receivables Purchase Agreement (Toyota Auto Receivables 2011-a Owner Trust), Receivables Purchase Agreement (Toyota Auto Receivables 2011-a Owner Trust)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be terms subject to or limited by the effect of bankruptcy, insolvency, reorganization, moratorium, liquidation moratorium or other similar laws affecting the enforcement of creditors' rights in general generally and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawequitable principles.

Appears in 21 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2002 C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2002-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2001-B Owner Trust)

Binding Obligation. Each Receivable shall constitute constitutes the genuine, legal, valid valid, and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in all material respects in accordance with its terms, except subject, as enforceability may be subject to or limited by enforcement, to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or and other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.' rights;

Appears in 20 contracts

Samples: Sale and Servicing Agreement (Chase Manhattan Auto Owner Trust 2002-B), Sale and Servicing Agreement (Chase Manhattan Auto Owner Trust 2001 A), Sale and Servicing Agreement (Chase Manhattan Bank Usa)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.;

Appears in 17 contracts

Samples: Pooling and Servicing Agreement (Capital Auto Receivables Inc), Pooling and Servicing Agreement (Capital Auto Receivables Inc), Pooling and Servicing Agreement (Capital Auto Receivables Inc)

Binding Obligation. Each Designated Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable against the Obligor by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.

Appears in 12 contracts

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

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid valid, and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be terms subject to or limited by the effect of bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawgenerally.

Appears in 9 contracts

Samples: Purchase Agreement (Ford Credit Auto Owner Trust 2005-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2005-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2005-C)

Binding Obligation. Each Receivable shall constitute constitutes the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all respects by the holder thereof in accordance with its terms, except subject, as enforceability may be subject to or limited by enforcement, to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawgenerally.

Appears in 9 contracts

Samples: Sale Agreement (Fifth Third Holdings Funding, LLC), Sale and Servicing Agreement (Fifth Third Holdings Funding, LLC), Sale and Servicing Agreement (USAA Auto Owner Trust 2008-3)

Binding Obligation. Each Receivable shall constitute constitutes the genuine, legal, valid valid, and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in all material respects in accordance with its terms, except subject, as enforceability may be subject to or limited by enforcement, to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or and other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawrights.

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Usaa Acceptance LLC), Sale and Servicing Agreement (USAA Auto Owner Trust 2008-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2007-2)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in all material respects in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general generally and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 8 contracts

Samples: Receivables Purchase Agreement (CarMax Auto Owner Trust 2008-1), Sale and Servicing Agreement (CarMax Auto Owner Trust 2008-1), Receivables Purchase Agreement (Carmax Auto Funding LLC)

Binding Obligation. Each Subsequent Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except only as enforceability such enforcement may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation insolvency or other similar laws affecting the enforcement of creditors' rights in general generally and by general principles of equity, regardless of whether all parties to each Subsequent Receivable had full legal capacity to execute and deliver such enforceability shall Subsequent Receivable and all other documents related thereto and to grant the security interest purported to be considered in a proceeding in equity or at lawgranted thereby.

Appears in 7 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Corp. Auto Receivables Trust 2006-A), Sale and Servicing Agreement (Long Beach Acceptance Auto Receivables Trust 2005-B)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable against the Obligor by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.;

Appears in 6 contracts

Samples: Purchase Agreement (Navistar Financial Retail Receivables Corporation), Purchase Agreement (Navistar Financial Retail Receivables Corporation), Purchase Agreement (Navistar Financial Retail Receivables Corporation)

Binding Obligation. Each Receivable shall constitute represent the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general generally and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.. (v)

Appears in 6 contracts

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

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability thereof may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors’ rights in general generally and by general principles equitable limitations on the availability of equityspecific remedies, regardless of whether such enforceability shall be is considered in a proceeding Proceeding in equity or at law.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Daimler Trucks Retail Trust 2024-1), Sale and Servicing Agreement (Daimler Trucks Retail Trust 2024-1), Sale and Servicing Agreement (Daimler Trucks Retail Trust 2023-1)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability thereof may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors’ rights in general generally and by general principles equitable limitations on the availability of equityspecific remedies, regardless of whether such enforceability shall be is considered in a proceeding Proceeding in equity or at law.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Daimler Trucks Retail Receivables LLC), Sale and Servicing Agreement (Daimler Trucks Retail Receivables LLC), Sale and Servicing Agreement (Daimler Retail Receivables LLC)

Binding Obligation. Each Receivable shall constitute constitutes the genuine, legal, valid valid, and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in all material respects in accordance with its terms, except subject, as enforceability may be subject to or limited by enforcement, to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or and other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.rights;

Appears in 5 contracts

Samples: Sale and Servicing Agreement (JPMorgan Chase Bank, National Association), Sale and Servicing Agreement (Chase Auto Owner Trust 2005-B), Sale and Servicing Agreement (Chase Auto Owner Trust 2005-A)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability thereof may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors’ rights in general generally and by general principles equitable limitations on the availability of equityspecific remedies, regardless of whether such enforceability shall be is considered in a proceeding Proceeding in equity or at law.. Documents Contract Data Tape List of Approved Contracts

Appears in 5 contracts

Samples: Daimler Trucks (Daimler Trucks Retail Trust 2024-1), Agreement (Daimler Trucks Retail Trust 2024-1), Daimler Trucks Retail Trust (Daimler Trucks Retail Receivables LLC)

Binding Obligation. Each Designated Receivable shall constitute represents the ------------------ genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable against the Obligor by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.;

Appears in 5 contracts

Samples: Receivables Sale Agreement (Navistar Financial Retail Receivables Corporation), Purchase Agreement (Navistar Financial Retail Receivables Corporation), Purchase Agreement (Navistar Financial Retail Receivables Corporation)

Binding Obligation. Each Designated Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable against the Obligor by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.;

Appears in 4 contracts

Samples: Purchase Agreement (Navistar Financial Retail Receivables Corporation), Receivables Sale Agreement (Navistar Financial Corp), Purchase Agreement (Navistar Financial Retail Receivables Corporation)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or other reorganization and similar laws now or hereafter in effect relating to or affecting the enforcement of creditors’ creditor's rights in general generally and by to general principles of equity, regardless of equity (whether such enforceability shall be considered applied in a proceeding at law or in equity or at lawequity).

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Bond Securitization LLC), Sale and Servicing Agreement (Bond Securitization LLC), Sale and Servicing Agreement (Gs Mortgage Securities Corp)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except only as enforceability such enforcement may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation insolvency or other similar laws affecting the enforcement of creditors' rights in general generally, and by general principles of equity, regardless of whether all parties to such enforceability shall contract had full legal capacity to execute and deliver such contract and all other documents related thereto and to grant the security interest purported to be considered in a proceeding in equity or at lawgranted thereby.

Appears in 4 contracts

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

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as such enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation moratorium or other similar laws laws, now or hereafter in effect, affecting the enforcement of creditors' rights in general general, and except as such enforceability may be limited by general principles of equity, regardless of equity (whether such enforceability shall be considered in a proceeding suit at law or in equity or at lawequity).

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)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.

Appears in 3 contracts

Samples: Sale Agreement (Banc of America Securities Auto Trust 2005-Wf1), Receivables Purchase Agreement (Bear Stearns Asset Backed Whole Auto Loan Trust 2004-1), Receivables Purchase Agreement (Bear Stearns Asset Backed Whole Auto Loan Trust 2003-1)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general generally and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Binding Obligation. Each Receivable shall constitute the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or and other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

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)

Binding Obligation. Each Receivable shall constitute represent the genuine, legal, valid valid, and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be terms subject to or limited by the effect of bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general and by general principles generally. No Obligor on a Contract is the United States of equityAmerica, regardless any state or local governmental agency or instrumentality, or any of whether such enforceability shall be considered in a proceeding in equity or at lawthe foregoing.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (National Auto Finance Co Inc), Pooling and Administration Agreement (National Auto Finance Co Inc), Pooling and Administration Agreement (National Auto Finance Co Inc)

Binding Obligation. Each Designated Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable against the Obligor by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.

Appears in 3 contracts

Samples: Purchase Agreement (Navistar Financial Retail Receivables Corporation), Purchase Agreement (Navistar Financial Retail Receivables Corporation), Purchase Agreement (Navistar Financial Retail Receivables Corporation)

Binding Obligation. Each Receivable shall constitute represent the genuine, legal, valid valid, and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or other fraudulent conveyance and similar laws affecting the enforcement of relating to creditors' rights in general generally and by subject to general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 2 contracts

Samples: Purchase Agreement (Nationscredit Grantor Trust 1997-1), Purchase Agreement (Nationscredit Grantor Trust 1997-2)

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Binding Obligation. Each such Receivable shall constitute the genuine, is a legal, valid and binding payment obligation in writing of the related Obligor, Obligor and is enforceable by the holder thereof in accordance with its terms, except as enforceability may be terms subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or and other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.' rights;

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Chase Manhattan Bank Usa), Sale and Servicing Agreement (Chase Manhattan Bank Usa)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as such enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation moratorium or other similar laws laws, now or hereafter in effect, affecting the enforcement of creditors’ rights in general general, and except as such enforceability may be limited by general principles of equity, regardless of equity (whether such enforceability shall be considered in a proceeding suit at law or in equity or at law.equity). Documents Retail Contract

Appears in 2 contracts

Samples: Asset Representations Review Agreement (World Omni Select Auto Trust 2021-A), Asset Representations Review Agreement (World Omni Select Auto Trust 2021-A)

Binding Obligation. Each Subsequent Receivable shall constitute the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or and other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, equity regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 2 contracts

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

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except only as enforceability such enforcement may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation insolvency or other similar laws affecting the enforcement of creditors' rights in general generally and by general principles of equity, regardless of whether all parties to each Receivable had full legal capacity to execute and deliver such enforceability shall Receivable and all other documents related thereto and to grant the security interest purported to be considered in a proceeding in equity or at lawgranted thereby.

Appears in 2 contracts

Samples: Purchase Agreement (Long Beach Acceptance Corp), Purchase Agreement (Triad Financial Corp)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, ------------------ valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general generally and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Pooled Auto Securities Shelf LLC), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Binding Obligation. Each Designated Receivable shall constitute represents the genuine, ------------------ legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable against the Obligor by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.;

Appears in 2 contracts

Samples: Purchase Agreement (Navistar Financial Retail Receivables Corporation), Purchase Agreement (Navistar Financial Retail Receivables Corporation)

Binding Obligation. Each Receivable shall constitute represents the genuine, ------------------ legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as such enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation moratorium or other similar laws laws, now or hereafter in effect, affecting the enforcement of creditors' rights in general general, and except as such enforceability may be limited by general principles of equity, regardless of equity (whether such enforceability shall be considered in a proceeding suit at law or in equity or at lawequity).

Appears in 1 contract

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

Binding Obligation. Each Receivable shall constitute the ------------------ genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Binding Obligation. Each Designated Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable against the Obligor by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.; (f) (g)

Appears in 1 contract

Samples: Receivables Sale Agreement (Navistar Financial Retail Receivables Corporation)

Binding Obligation. Each Receivable shall constitute represents the genuine, ------------------ legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general generally and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation fraudulent conveyance or other similar laws affecting the enforcement of creditors’ rights in general generally and by general principles equitable limitations on the availability of equityspecific remedies, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Purchase Agreement (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, ------------------ valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, terms (except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors' rights in general generally) and by general principles of equity, regardless of whether all parties to each Receivable had full legal capacity to execute and deliver such enforceability shall Receivable and all other documents related thereto and to grant the security interest purported to be considered in a proceeding in equity or at lawgranted thereby.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Binding Obligation. Each Subsequent Receivable shall constitute the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or and other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, equity regardless of whether such enforceability shall be considered in a proceeding Proceeding in equity or at law.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Fleetwood Credit Receivables Corp)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.;

Appears in 1 contract

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

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by the effect of bankruptcy, insolvency, reorganization, moratorium, liquidation moratorium or other similar laws affecting the enforcement of creditors’ rights in general generally and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawequitable principles.

Appears in 1 contract

Samples: Purchase Agreement (Nissan Auto Receivables 2005-B Owner Trust)

Binding Obligation. Each Receivable shall constitute the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.by

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fleetwood Credit Receivables Corp)

Binding Obligation. Each Designated Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable against the Obligor by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.;

Appears in 1 contract

Samples: Receivables Sale Agreement (Navistar Financial Retail Receivables Corp)

Binding Obligation. Each Receivable shall constitute represent the genuine, legal, valid valid, and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be terms subject to or limited by bankruptcythe effect of bank ruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawgenerally.

Appears in 1 contract

Samples: Purchase Agreement (Ford Credit Auto Receivables Two L P)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or other reorganization and similar laws now or hereafter in effect relating to or affecting the enforcement of creditors’ rights in general generally and by to general principles of equity, regardless of equity (whether such enforceability shall be considered applied in a proceeding at law or in equity or at lawequity).

Appears in 1 contract

Samples: Receivables Purchase Agreement (Goldman Sachs Asset Backed Securities Corp)

Binding Obligation. Each Receivable shall constitute represents the genuine, ------------------ legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or other reorganization and similar laws now or hereafter in effect relating to or affecting the enforcement of creditors’ creditor's rights in general generally and by to general principles of equity, regardless of equity (whether such enforceability shall be considered applied in a proceeding at law or in equity or at lawequity).

Appears in 1 contract

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

Binding Obligation. Each Receivable shall constitute the genuine, legal, valid valid, and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be terms subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or reorganization and other similar laws affecting generally the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law' rights.

Appears in 1 contract

Samples: Purchase and Servicing Agreement (Mego Financial Corp)

Binding Obligation. Each Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereunder, enforceable by the holder thereof in accordance with its terms, terms except as such enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or other fraudulent conveyance, reorganization and similar laws now or hereafter in effect related to or affecting the enforcement of creditors' rights in general generally and by subject to general principles of equity, regardless of equity (whether such enforceability shall be considered applied in a proceeding at law or in equity or at lawequity).

Appears in 1 contract

Samples: Form of Purchase Agreement (FCC Receivables Corp)

Binding Obligation. Each Designated Receivable shall constitute represents the genuine, legal, valid and binding payment obligation in writing of the related ObligorObligor thereon, enforceable against the Obligor by the holder thereof in accordance with its terms, except as enforceability Table of Contents may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be is considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Purchase Agreement (Navistar Financial Corp)

Binding Obligation. Each Receivable shall constitute the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or and other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding Proceeding in equity or at law.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Fleetwood Credit Receivables Corp)

Binding Obligation. Each Receivable shall constitute represent the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or other fraudulent conveyance and similar laws affecting the enforcement of relating to creditors' rights in general generally and by subject to general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Group Inc)

Binding Obligation. Each Receivable shall constitute represents the genuine, ------------------ legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or other reorganization and similar laws now or hereafter in effect relating to or affecting the enforcement of creditors' rights in general generally and by to general principles of equity, regardless of equity (whether such enforceability shall be considered applied in a proceeding at law or in equity or at lawequity).

Appears in 1 contract

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

Binding Obligation. Each The Receivable shall constitute constitutes ------------------ the genuine, legal, valid valid, and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as such enforceability may be subject to or limited by applicable bankruptcy, insolvency, reorganization, moratorium, liquidation reorganization or other similar laws affecting the enforcement of creditors' rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at lawgenerally.

Appears in 1 contract

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

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