Common use of Authorization; Binding Obligations Clause in Contracts

Authorization; Binding Obligations. The Owner has the power and authority to make, execute, deliver and perform this Agreement, and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remedies.

Appears in 33 contracts

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Flow Servicing Agreement (GSR Mortgage Loan Trust 2007-1f)

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Authorization; Binding Obligations. The Owner has the power and authority to make, execute, deliver and perform this Agreement, and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.

Appears in 7 contracts

Samples: Loan Servicing Agreement (MortgageIT Holdings, Inc.), Servicing Agreement (Oak Street Financial Services Inc), Flow Servicing Agreement (GSAA Home Equity Trust 2006-4)

Authorization; Binding Obligations. The Owner Seller has the power and authority to make, execute, deliver and perform this Agreement, Agreement and perform all of the transactions contemplated to be performed by it under this Agreement, Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner Seller enforceable in accordance with its terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Origen Residential Securities, Inc.), Asset Purchase Agreement (Origen Residential Securities, Inc.), Asset Purchase Agreement (Origen Residential Securities, Inc.)

Authorization; Binding Obligations. The Owner It has the power and authority to ---------------------------------- make, execute, deliver and perform this Agreement, Agreement and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner Contract Seller enforceable in accordance with its terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Greenpoint Credit LLC), Pooling and Servicing Agreement (Greenpoint Financial Corp), Pooling and Servicing Agreement (Greenpoint Credit Corp)

Authorization; Binding Obligations. The Owner It has the power and ---------------------------------- authority to make, execute, deliver and perform this Agreement, Agreement and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner Contract Seller enforceable in accordance with its terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Greenpoint Credit LLC), Pooling and Servicing Agreement (Greenpoint Credit LLC), Pooling and Servicing Agreement (Greenpoint Credit LLC)

Authorization; Binding Obligations. The Owner Buyer has the power and authority to make, execute, deliver deliver, and perform this Agreement, Agreement and perform all of the its transactions contemplated to be performed by it under this Agreement, Agreement and has taken all necessary corporate action to authorize the execution, delivery delivery, and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner Buyer enforceable in accordance with its terms, except as enforcement of such terms may be limited by bankruptcy, insolvency insolvency, or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.

Appears in 4 contracts

Samples: Bulk Receivables Purchase and Sale Agreement (Nicholas Financial Inc), Bulk Receivables Purchase and Sale Agreement (Nicholas Financial Inc), Bulk Receivables Purchase and Sale Agreement (Nicholas Financial Inc)

Authorization; Binding Obligations. The Owner It has the power and authority to make, execute, deliver and perform this Agreement, Agreement and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner Contract Seller enforceable in accordance with its terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Greenpoint Credit Man Housing Cont Tr Pas THR Cert Ser 01 1), Pooling and Servicing Agreement (Greenpoint Credit Manufactured Housing Cont Tru Ser 2001-2)

Authorization; Binding Obligations. The Owner has the power and authority to make, execute, deliver and perform this Agreement (including all instruments of transfer to be delivered pursuant to this Agreement, ) and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.

Appears in 1 contract

Samples: Servicing Agreement (AHP Servicing LLC)

Authorization; Binding Obligations. The Such Contract Owner has the power and authority to make, execute, deliver and perform this Agreement, Agreement and perform all of the transactions contemplated to be performed by it under this the Agreement, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the such Contract Owner enforceable in accordance with its terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.

Appears in 1 contract

Samples: Non Solicitation and Referral Agreement (Greenpoint Financial Corp)

Authorization; Binding Obligations. The Owner It has the power and authority ---------------------------------- to make, execute, deliver and perform this Agreement, Agreement and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner Contract Seller enforceable in accordance with its terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenpoint Financial Corp)

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Authorization; Binding Obligations. The Owner It has the power and authority to ---------------------------------- make, execute, deliver and perform this Agreement, Agreement and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner Contract Seller enforceable in accordance with its terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenpoint Credit LLC)

Authorization; Binding Obligations. The Owner has the power and authority to make, execute, deliver and perform this Agreement (including all instruments of transfer to be delivered pursuant to this Agreement, ) and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remedies.

Appears in 1 contract

Samples: Flow Special Servicing Agreement (American Homeowner Preservation 2015A LLC)

Authorization; Binding Obligations. The Owner It has the power and authority to ---------------------------------- make, execute, deliver and perform this Agreement, Agreement and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner such Contract Seller enforceable in accordance with its terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bank of America National Trust & Saving Association)

Authorization; Binding Obligations. The Owner It has the power and authority to make, execute, deliver and perform this Agreement, Agreement and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement. When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner Seller and the Servicer enforceable in accordance with its terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remedies.

Appears in 1 contract

Samples: Mortgage Sale, Contribution and Servicing Agreement (Palm Harbor Homes Inc /Fl/)

Authorization; Binding Obligations. The Owner has the power and authority to make, execute, deliver and perform this Agreement, and perform all of the transactions contemplated to be performed by it under this Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. .When executed and delivered, this Agreement will constitute the legal, valid and binding obligation of the Owner enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remedies.

Appears in 1 contract

Samples: Servicing Agreement (Deutsche Alt-a Securities Inc)

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