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 176 contracts
Sources: Sale and Servicing Agreement (Efcar, LLC), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2025-5), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2025-5)
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 132 contracts
Sources: Sale and Servicing Agreement (Honda Auto Receivables 2025-4 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2025-4 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2025-3 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 119 contracts
Sources: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2025-D), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2025-D), Sale and Servicing Agreement (World Omni Select Auto Trust 2025-A)
Binding Obligation. This Agreement and the Servicer’s other Basic Documents shall to which it is a party constitute legal, valid and binding obligations of the Servicer, enforceable against the Servicer enforceable 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 remedies, regardless of equity whether such enforceability is considered applied in a proceeding in equity or at law;.
Appears in 110 contracts
Sources: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2025-D), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2025-D), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2025-C)
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 84 contracts
Sources: Servicing Agreement (Ally Auto Assets LLC), Servicing Agreement (Ally Auto Receivables Trust 2024-2), Servicing Agreement (Ally Auto Receivables Trust 2024-2)
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
Sources: Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Sale and Servicing Agreement (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 39 contracts
Sources: Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2025-4), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2025-4), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2025-3)
Binding Obligation. This Agreement and the Servicer’s Basic Documents to which it is a party have been duly executed and delivered by the Servicer and 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 25 contracts
Sources: Servicing Agreement (ACAR Leasing Ltd.), Servicing Agreement (ACAR Leasing Ltd.), Servicing Agreement (ACAR Leasing Ltd.)
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
Sources: Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Receivables Finance Corp)
Binding Obligation. This Agreement and the Servicer’s other Basic Documents shall to which it is a party constitute legal, valid and binding obligations of the Servicer, enforceable against the Servicer enforceable 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 remedies, regardless of equity whether such enforceability is considered applied in a proceeding in equity or at law;.
Appears in 22 contracts
Sources: Sale and Servicing Agreement (BMW Fs Securities LLC), Sale and Servicing Agreement (BMW Vehicle Owner Trust 2010-A), Sale and Servicing Agreement (BMW Fs Securities 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
Sources: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-B-X), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2007-a-X)
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
Sources: 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
Sources: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing 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
Sources: Transfer and Servicing Agreement (Antigua Funding Corp), Contribution and Servicing Agreement (Conseco Finance Lease 2000-1 LLC), Contribution and Servicing Agreement (Green Tree Lease Finance 1998-1 LLC)
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 6 contracts
Sources: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Pooling and Servicing Agreement (Americredit Corp)
Binding Obligation. This Agreement and the Servicer’s Basic Documents shall to which it is a party constitute legal, valid and binding obligations of the Servicer, enforceable against the Servicer enforceable 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 of specific remedies, regardless of whether such enforceability is considered in a proceeding in equity or at law;
Appears in 5 contracts
Sources: Servicing Agreement (First Merchants Acceptance Corp), Sale and Servicing Agreement (First Merchants Acceptance Corp), Sale and Servicing Agreement (First Merchants Acceptance Corp)
Binding Obligation. This Agreement has been duly executed and delivered by the Servicer’s Basic Documents shall constitute Servicer and constitutes a legal, valid and binding obligations obligation of the Servicer enforceable in accordance with their respective terms, its terms except as enforceability enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ creditor’s rights generally and by equitable limitations on the availability general principles of specific remedies, equity (regardless of whether such enforceability enforcement is considered sought in a proceeding in equity law or at law;equity).
Appears in 5 contracts
Sources: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
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
Sources: Sale and Servicing Agreement (Triad Automobile Receivables Trust 2003-B), Sale and Servicing Agreement (Bond Securitization LLC), Sale and Servicing Agreement (Triad Automobile Receivables Trust 2002 A)
Binding Obligation. This Agreement and the Servicer’s Basic other Transaction 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 3 contracts
Sources: Servicing and Custodian Agreement (Americredit Corp), Servicing and Custodian Agreement (Americredit Corp), Servicing and Custodian Agreement (Americredit Corp)
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
Sources: Sale and Servicing Agreement (TFC Enterprises Inc), Sale and Servicing Agreement (TFC Enterprises Inc)
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
Sources: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Americredit Corp)
Binding Obligation. This Agreement has been duly executed and delivered by the Servicer’s Basic Documents shall constitute Servicer and constitutes a legal, valid and binding obligations obligation of the Servicer enforceable in accordance with their respective terms, its 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
Sources: Pooling and Servicing Agreement (Triad Financial Corp), Pooling and Servicing Agreement (Triad Financial Corp)
Binding Obligation. This Agreement has been duly executed and delivered by the Servicer’s Basic Documents shall constitute Servicer and 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 subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation, fraudulent conveyance 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 or public policy, regardless of whether such enforceability is shall be considered in a proceeding in equity or at in law;.
Appears in 2 contracts
Sources: Servicing Agreement (Nissan Auto Lease Trust 2004-A), Servicing Agreement (Nissan Auto Leasing LLC Ii)
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
Sources: 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
Sources: Pooling and Servicing Agreement (Reliance Acceptance Group Inc)
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
Sources: Sale and Servicing Agreement (Advanta Automobile Receivables Trust 1997-1)
Binding Obligation. This Agreement Agreement, when duly executed and the Servicer’s Basic Documents delivered, 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 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 1 contract
Sources: Servicing Agreement (Banc of America Securities Auto Trust 2006-G1)
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
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
Sources: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2011-4)
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