Common use of Binding Obligation Clause in Contracts

Binding Obligation. This Agreement and the other Transaction Documents to which the Servicer is a party constitute legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.

Appears in 115 contracts

Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)

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Binding Obligation. This Agreement and the other Transaction Basic Documents to which the Servicer it is a party constitute legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, subject, except as to enforceability, to applicable the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and reorganization or other similar laws affecting the enforcement of creditors’ rights generally and to general equitable principlesprinciples of equity whether applied in a proceeding in equity or at law.

Appears in 92 contracts

Samples: Sale and Servicing Agreement (Hyundai Abs Funding LLC), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2016-B), Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their its respective terms, subject, except as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation such enforceability may be limited by Bankruptcy Laws and other similar laws and to general equitable principlesprinciples of equity (whether considered in a suit at law or in equity).

Appears in 57 contracts

Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Franklin BSP Capital Corp)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their its respective terms, subject, except as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation such enforceability may be limited by Insolvency Laws and other similar laws and to general equitable principlesprinciples of equity (whether considered in a suit at law or in equity).

Appears in 48 contracts

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Binding Obligation. This Agreement and the other Transaction Basic Documents to which the Servicer it is a party constitute legal, valid valid, and binding obligations of the Servicer, enforceable against the Servicer in accordance with their terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.

Appears in 29 contracts

Samples: Sale and Servicing Agreement (Mmca Auto Owner Trust 2002-4), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-1), Sale and Servicing Agreement (Mmca Auto Owner Trust 2000-2)

Binding Obligation. This Each of this Agreement and the other Transaction Basic Documents to which the Servicer it is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors of banks generally and to general equitable principleslimitations on the availability of specific remedies.

Appears in 26 contracts

Samples: Sale and Servicing (M&i Dealer Auto Securitization LLC), Sale and Servicing Agreement (Bas Securitization LLC), Sale and Servicing Agreement (Wells Fargo Auto Receivables Corp)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, each enforceable against the Servicer in accordance with their its terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.

Appears in 18 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Binding Obligation. This Agreement and the other Transaction Basic Documents to which the Servicer is a party constitute legal, valid valid, and binding obligations of the Servicer, enforceable against the Servicer in accordance with their terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.

Appears in 17 contracts

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

Binding Obligation. This Agreement and each of the other Transaction Documents to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their respective terms, subject, except as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation the enforceability hereof and other similar laws thereof may be limited by Bankruptcy Laws and to by general equitable principlesprinciples of equity.

Appears in 16 contracts

Samples: Loan and Servicing Agreement (SLR Senior Investment Corp.), Loan and Servicing Agreement (Carlyle GMS Finance, Inc.), Loan and Servicing Agreement (Carlyle GMS Finance, Inc.)

Binding Obligation. This Each of this Agreement and the other Transaction Documents Related Agreements to which the Servicer it is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors of banks generally and to general equitable principleslimitations on the availability of specific remedies.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Bas Securitization LLC), Pooling and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Pooling and Servicing Agreement (Bas Securitization LLC)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, each enforceable against the Servicer in accordance with their its terms, subject, as subject to enforceability, to applicable the effect of bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and or other similar laws affecting the enforcement of creditors’ rights generally and to general equitable principlesprinciples of equity.

Appears in 9 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Binding Obligation. This Agreement and the other Transaction Basic Documents to which the Servicer is a party constitute legal, valid valid, and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.

Appears in 6 contracts

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

Binding Obligation. This Agreement and the other Transaction Basic Documents to which the Servicer it is a party constitute legal, valid valid, and binding obligations of the Servicer, enforceable against the Servicer in accordance with their terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.. (e)

Appears in 4 contracts

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

Binding Obligation. This Agreement and the other Transaction Basic Documents to which the Servicer is a party constitute legal, valid valid, and binding obligations of the Servicer, enforceable against the Servicer in accordance with their terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.to

Appears in 3 contracts

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

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their its terms, subject, except as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principlesenforceability may be limited by Debtor Relief Laws.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (Charming Shoppes Master Trust), Pooling and Servicing Agreement (Charming Shoppes Receivables Corp)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, each enforceable against the Servicer in accordance with their its terms, subjectsubject to any defense, as to enforceabilityif any, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and arising out of a breach or other similar laws and to general equitable principlesaction or inaction of a party thereto other than the Servicer or any Affiliate of the Servicer.

Appears in 3 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corporation)

Binding Obligation. This Agreement and the other Transaction ------------------ Documents to which the Servicer is a party shall constitute legal, valid and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, subject, except as to enforceability, to applicable enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and or other similar laws affecting the enforcement of creditors' rights generally and to general by equitable principles.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: Servicing and Custodian Agreement (Americredit Corp), Servicing and Custodian Agreement (Americredit Corp), Servicing and Custodian Agreement (Americredit Corp)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer enforceable against the Servicer, enforceable against the Servicer in accordance with their its respective terms, subject, except as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation such enforceability may be limited by Insolvency Laws and other similar laws and to general equitable principlesprinciples of equity (whether considered in a suit at law or in equity).

Appears in 3 contracts

Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC), Credit Agreement (Golub Capital BDC, Inc.), Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their its terms, subjectexcept as enforceability may be limited by applicable Debtor Relief Laws now or hereinafter in effect, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation affecting the enforcement of creditors’ rights in general and other similar laws the rights of creditors of national banking associations and to by general equitable principlesprinciples of equity (whether considered in a suit at law or in equity).

Appears in 3 contracts

Samples: Transfer and Servicing Agreement (First National Master Note Trust), Transfer and Servicing Agreement (First National Funding LLC), Transfer and Servicing Agreement (First National Funding LLC)

Binding Obligation. This Each of this Agreement and the other Transaction Documents Related Agreements to which the Servicer it is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors of corporations generally and to general equitable principleslimitations on the availability of specific remedies.

Appears in 2 contracts

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

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their its respective terms, subject, except as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation such enforceability may be limited by Insolvency Laws and other similar laws and to except as such enforceability may be limited by general equitable principlesprincipals of equity (whether considered in a suit of law or in equity).

Appears in 2 contracts

Samples: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)

Binding Obligation. This Agreement and the other Transaction Documents to which the Servicer is a party shall constitute legal, valid and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, subject, except as to enforceability, to applicable enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and or other similar laws affecting the enforcement of creditors’ rights generally and to general by equitable principleslimitations 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 Agreement (Americredit Corp), Sale and Servicing Agreement (Bay View Capital Corp)

Binding Obligation. This Agreement and the other Transaction ------------------ Documents to which the Servicer is a party constitute legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.

Appears in 2 contracts

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

Binding Obligation. This Agreement and each of the other Transaction Documents to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their respective terms, subject, except as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation the enforceability hereof and other similar laws thereof may be limited by Bankruptcy Laws and to by general equitable principlesprinciples of equity (whether such enforceability is considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Solar Capital Ltd.), Loan and Servicing Agreement (Solar Capital Ltd.)

Binding Obligation. This Agreement and the other Transaction Basic Documents to which the Servicer it is a party constitute legal, valid valid, and binding obligations of the Servicer, enforceable against the Servicer in accordance with their terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting the enforcement of creditors' rights generally and to by general equitable principles.

Appears in 2 contracts

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

Binding Obligation. This Each of this Agreement and the other Transaction Documents Related Agreements to which the Servicer it is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors of federally chartered savings associations generally and to general equitable principleslimitations on the availability of specific remedies.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Usaa Acceptance LLC)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their its terms, subject, except as to enforceability, to enforceability may be limited by applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and moratorium or other similar laws now or hereinafter in effect, affecting the enforcement of creditors' rights in general and to general equitable principlesthe rights of creditors of national banking associations.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First Bankcard Master Credit Card Trust), Pooling and Servicing Agreement (First Bankcard Master Credit Card Trust)

Binding Obligation. This Agreement and the other Transaction Documents to which the Servicer is a party shall constitute legal, valid and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, subject, except as to enforceability, to applicable enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and or other similar laws affecting the enforcement of creditors’ rights generally and to general by equitable principles.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: Receivables Funding Agreement (Americredit Corp), Receivables Funding Agreement (Americredit Corp)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, each enforceable against the Servicer in accordance with their its terms, subject, as subject to enforceability, to applicable the effect of bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and or other similar laws affecting the enforcement of creditors' rights generally and to general equitable principlesprinciples of equity.

Appears in 2 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Binding Obligation. This Agreement and the other Transaction Documents to which the Servicer is a party shall constitute legal, valid and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, subject, except as to enforceability, to applicable enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and or other similar laws affecting the enforcement of creditors' rights generally and to general by equitable principleslimitations 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 Agreement (Bay View Capital Corp), Sale and Servicing Agreement (Bay View Capital Corp)

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Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their its terms, subjectexcept as enforceability may be limited by applicable Debtor Relief Laws now or hereinafter in effect, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation affecting the enforcement of creditors' rights in general and other similar laws the rights of creditors of national banking associations and to by general equitable principlesprinciples of equity (whether considered in a suit at law or in equity).

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (First Bankcard Master Credit Card Trust), Transfer and Servicing Agreement (First Bankcard Master Credit Card Trust)

Binding Obligation. This Agreement and the other each Transaction Documents Document to which the Servicer is a party party, when duly executed and delivered, shall constitute legal, valid and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their its respective terms, subject, except as to enforceability, to applicable enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorshipmoratorium, receivership, liquidation and other or similar laws and to general equitable principlesaffecting the equity, regardless of whether such enforceability is considered in a proceeding in equity or law.

Appears in 1 contract

Samples: Securities Funding Agreement (Union Acceptance Corp)

Binding Obligation. This Agreement and the other Transaction Documents to which the Servicer is a party shall constitute legal, valid and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, subject, except as to enforceability, to applicable enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and or other similar laws affecting the enforcement of creditors' rights generally and to general by equitable principleslimitations 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: Sales and Servicing Agreement (Prudential Securities Secured Financing Corp)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their its respective terms, subject, except as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation such enforceability may be limited by Bankruptcy Laws and other similar laws and to general equitable principles.principles of equity (whether considered in a suit at law or in equity). 100

Appears in 1 contract

Samples: Loan and Servicing Agreement (AGTB Private BDC)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.

Appears in 1 contract

Samples: Loan and Security Agreement (DT Acceptance Corp)

Binding Obligation. This Agreement and the other Transaction Basic Documents to which the Servicer is a party constitute legal, valid valid, and binding obligations of the Servicer, enforceable against the Servicer in accordance with their terms, subject, as to enforceability, 44 49 to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.

Appears in 1 contract

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

Binding Obligation. This Agreement and the other Transaction Basic Documents to which the Servicer is a party constitute legal, valid valid, and binding obligations of the Servicer, enforceable against the Servicer in accordance with their terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.accor-

Appears in 1 contract

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

Binding Obligation. This Agreement and the other Transaction Basic Documents to which the Servicer is a party constitute legal, valid valid, and binding obligations of the Servicer, enforceable against the Servicer in accordance with their terms, subject, as to enforceability, to 44 49 applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.

Appears in 1 contract

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

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, each enforceable against the Servicer in accordance with their its terms, subject, as subject to enforceability, to applicable the effect of bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and or other similar laws affecting the enforcement of creditors’ rights generally and to general equitable principles.principles of equity. 66

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Binding Obligation. This Agreement and the each other Transaction Documents Related Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their terms, subject, its terms except as to enforceability, to applicable such enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and moratorium or other similar laws affecting the enforceability of creditors' rights generally, and to by general equitable principles.

Appears in 1 contract

Samples: Loan and Security Agreement (Financial Pacific Co)

Binding Obligation. This Each of this Agreement and the other Transaction Documents Related Agreements to which the Servicer it is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their its respective terms, 50 56 subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors of banks generally and to general equitable principleslimitations on the availability of specific remedies.

Appears in 1 contract

Samples: Lehman Brothers Asset Securitization LLC

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their its terms, subject, except as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation enforceability may be limited by Debtor Relief Laws and other similar laws and to except as such enforceability may be limited by general equitable principlesprinciples of equity (whether considered in a suit at law or in equity).

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Alliance Data Systems Corp)

Binding Obligation. This Agreement and the other Transaction Documents to which the Servicer is a party party, when duly executed and delivered, shall constitute the legal, valid and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, subject, except as to enforceability, to applicable enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and or other similar laws affecting the enforcement of creditors’ rights in general and to by general equitable principlesprinciples of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Golub Capital BDC LLC)

Binding Obligation. This Agreement and the each other Transaction Documents Loan Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their terms, subject, its terms except as to enforceability, to applicable such enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and moratorium or other similar laws affecting the enforceability of creditors' rights generally, and to by general equitable principles.

Appears in 1 contract

Samples: Servicing Agreement (Financial Pacific Co)

Binding Obligation. This Agreement and the other Transaction Documents to which the Servicer is a party party, when duly executed and delivered, shall constitute legal, valid and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their its respective terms, subject, except as to enforceability, to applicable enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorshipmoratorium, receivership, liquidation and other or similar laws and to general equitable principles.affecting the equity, regardless of whether such enforceability is considered in a proceeding in equity or law;

Appears in 1 contract

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

Binding Obligation. This Agreement and the other Transaction Documents to which the Servicer is a party shall constitute legal, valid and binding obligations of the Servicer, Servicer enforceable against the Servicer it in accordance with their respective terms, subject, except as to enforceability, to applicable enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and or other similar laws affecting the enforcement of creditors' rights generally and to general by equitable principles.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 and Custodian Agreement (Americredit Corp)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their terms, subject, its terms except as to enforceability, to applicable such enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and moratorium or other similar laws affecting the enforceability of creditors' rights generally, and to by general equitable principles.

Appears in 1 contract

Samples: Servicing Agreement (Financial Pacific Co)

Binding Obligation. This Agreement and the each other Transaction Documents Document to which the Servicer is a party constitute constitutes a legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their its respective terms, subject, except as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.such

Appears in 1 contract

Samples: Loan and Servicing Agreement (Ares Capital Corp)

Binding Obligation. This Agreement and the other Transaction Basic Documents to which the Servicer is a party constitute legal, valid valid, and binding obligations of the Servicer, enforceable against the Servicer in accordance with their terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.42 48

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ford Motor Credit Co)

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