Common use of Binding Obligation Clause in Contracts

Binding Obligation. This Agreement and the Servicer’s Basic Documents shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 157 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)

AutoNDA by SimpleDocs

Binding Obligation. This Agreement and the Servicer’s Basic Documents shall constitute constitutes a legal, valid and binding obligations obligation of the Servicer enforceable in accordance with their respective 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 generally in general and by equitable limitations on the availability general principles of specific remediesequity, regardless of whether such enforceability is shall be considered in a proceeding in equity or at in law;.

Appears in 119 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)

Binding Obligation. This Agreement and the Servicer’s Basic Documents shall constitute constitutes a legal, valid and binding obligations obligation of the Servicer enforceable against the Servicer in accordance with their respective its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws laws, now or hereafter in effect, affecting the enforcement of creditors’ rights generally in general, and by equitable limitations on the availability of specific remedies, regardless of whether except as such enforceability is may be limited by general principles of equity (whether considered in a proceeding suit at law or in equity or at law;equity).

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. This Agreement Agreement, when duly executed and the Servicer’s Basic Documents delivered, shall constitute the legal, valid and binding obligations of the Servicer enforceable in accordance with their respective its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally in general and by equitable limitations on the availability general principles of specific remediesequity, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 81 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)

Binding Obligation. This Agreement and the Servicer’s Basic Documents to which the Servicer is a party shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 71 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)

Binding Obligation. This Agreement and the Servicer’s Basic Documents to which the Servicer is a party shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;.

Appears in 27 contracts

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

Binding Obligation. This Agreement and the Servicer’s Basic 's Related Documents shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 23 contracts

Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Americredit Corp), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC)

Binding Obligation. This Agreement and the Servicer’s 's Basic Documents shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 22 contracts

Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-B-X), Sale and Servicing (Americredit Corp), Sale and Servicing (Americredit Financial Services Inc)

Binding Obligation. This Agreement and the Servicer’s other Servicer Basic Documents shall constitute its legal, valid and binding obligations of the Servicer obligations, enforceable against it in accordance with their respective terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, reorganization or other similar laws affecting the enforcement of creditors’ rights generally and by equitable limitations on the availability to general principles of specific remediesequity, regardless of whether such enforceability is considered applied in a proceeding in equity or at law;.

Appears in 13 contracts

Samples: Sale and Servicing Agreement (California Republic Funding LLC), Sale and Servicing Agreement (California Republic Auto Receivables Trust 2018-1), Sale and Servicing Agreement (California Republic Auto Receivables Trust 2017-1)

Binding Obligation. This Agreement and the Servicer’s 's Basic ------------------ Documents shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 11 contracts

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

Binding Obligation. This Agreement and the Servicer’s Basic 's Related Documents shall each constitute the legal, valid and binding obligations obligation of the Servicer enforceable in accordance with their respective its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, reorganization or other similar laws affecting the enforcement of creditors' rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 8 contracts

Samples: Contribution and Servicing Agreement (Green Tree Lease Finance 1998-1 LLC), Contribution and Servicing Agreement (Conseco Finance Lease 2000-1 LLC), Contribution and Servicing Agreement (Green Tree Lease Finance Ii Inc)

Binding Obligation. This Agreement and the Servicer’s Basic Documents shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 3 contracts

Samples: Sale and Servicing (Triad Automobile Receivables Trust 2002 A), Sale and Servicing (Triad Automobile Receivables Trust 2003-B), Sale and Servicing (Bond Securitization LLC)

Binding Obligation. This Agreement and the Servicer’s Basic Documents shall constitute legal, valid and binding obligations of the Master Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 2 contracts

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

AutoNDA by SimpleDocs

Binding Obligation. This Agreement and the Servicer’s 's ------------------ Basic Documents shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 2 contracts

Samples: Sale and Servicing (TFC Enterprises Inc), Sale and Servicing (TFC Enterprises Inc)

Binding Obligation. This Each of this Agreement and the Servicer’s Basic Documents shall constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against Servicer enforceable in accordance with their its respective terms, except subject, as enforceability may be limited by to enforceability, to applicable bankruptcy, insolvency, reorganization, or conservatorship, receivership, liquidation and other similar laws affecting the enforcement of creditors’ the rights of creditors of banks generally and by to equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Norwest Auto Receivables Corp)

Binding Obligation. This Agreement and the Servicer’s Basic Documents 's Related Documents, when duly executed and delivered by the other parties thereto, shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Reliance Acceptance Group Inc)

Binding Obligation. This Agreement and the Servicer’s Basic Documents 's Facility Agreements shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 1 contract

Samples: Servicing Agreement (Firstcity Financial Corp)

Binding Obligation. This Agreement and the Servicer’s Basic Documents shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally and Table of Contents by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 1 contract

Samples: Sale and Servicing (Americredit Automobile Receivables Trust 2011-4)

Binding Obligation. This Agreement and the Master Servicer’s 's Basic Documents shall constitute legal, valid and binding obligations of the Master Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 1 contract

Samples: Sale and Servicing (Advanta Automobile Receivables Trust 1997-1)

Binding Obligation. This Agreement and the ------------------ Servicer’s 's Basic Documents shall constitute legal, valid and binding obligations of the Servicer enforceable in accordance with their respective terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights generally and by equitable limitations on the availability of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 1 contract

Samples: Sale and Servicing Agreement (TFC Enterprises Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.