Common use of Due Qualification Clause in Contracts

Due Qualification. Seller is duly qualified to do business as a foreign corporation, is in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification.

Appears in 171 contracts

Samples: Purchase Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2), Purchase Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2), Purchase Agreement (AmeriCredit Automobile Receivables Trust 2012-4)

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Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is entity in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires or shall require such qualification.;

Appears in 144 contracts

Samples: Pooling Agreement (Ally Auto Receivables Trust 2011-4), Pooling Agreement (Ally Auto Receivables Trust 2018-3), Pooling Agreement (Ally Auto Receivables Trust 2018-2)

Due Qualification. The Seller is shall be duly qualified to do business as a foreign corporation, is limited liability company in good standing, and has shall have obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications and where the failure to so qualify will have a material adverse effect on the ability of the Seller to conduct its business or perform its obligations under this Agreement.

Appears in 112 contracts

Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2019-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2013-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2018-B Owner Trust)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is in good standing, standing and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of its property failure to do so would materially and adversely affect Seller’s ability to transfer the Receivables and the Other Conveyed Property to the Trust pursuant to this Agreement, or the conduct validity or enforceability of its business requires such qualificationthe Receivables and the Other Conveyed Property or to perform Seller’s obligations hereunder and under the Seller’s Basic Documents.

Appears in 109 contracts

Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2011-1), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2018-3), Sale and Servicing (AFS SenSub Corp.)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications and where the failure to so qualify would have a material adverse effect on the ability of the Seller to perform its obligations under this Agreement.

Appears in 86 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2014-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2017-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2008-C Owner Trust)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is limited liability company in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications.

Appears in 73 contracts

Samples: Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2008-B), Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2009-A), Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2008-A)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications.

Appears in 72 contracts

Samples: Sale and Servicing Agreement (Honda Auto Receivables 2009-1 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2008-2 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2009-3 Owner Trust)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business activities requires such qualification, license or approval, unless the failure to obtain such qualifications, licenses or approvals would not reasonably be expected to have a material adverse effect on the Seller’s ability to perform its obligations under this Agreement.

Appears in 70 contracts

Samples: Second Tier Sale Agreement (Mercedes-Benz Auto Lease Trust 2014-A), Sale Agreement (Mercedes-Benz Auto Lease Trust 2021-A), Sale Agreement (Mercedes-Benz Auto Lease Trust 2016-B)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications.

Appears in 61 contracts

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp), Receivables Purchase Agreement (Hyundai Abs Funding Corp), Purchase Agreement (Caterpillar Financial Asset Trust 2005-A)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is in good standing, standing and has obtained all necessary licenses and approvals in all jurisdictions in where the failure to do so would materially and adversely affect Seller’s ability to transfer the Receivables and the Other Conveyed Property to the Trust pursuant to this Agreement, or the validity or enforceability of the Receivables and the Other Conveyed Property or to perform Seller’s obligations hereunder and under the Basic Documents to which the ownership or lease of its property or the conduct of its business requires such qualificationSeller is a party.

Appears in 57 contracts

Samples: Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2024-2), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2024-2), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2023-4)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which such qualification, license or approval is necessary for the ownership or lease performance of its property or obligations under and consummation of the conduct of its business requires such qualificationtransactions contemplated by the Basic Documents.

Appears in 56 contracts

Samples: Sale and Servicing Agreement (American Honda Receivables LLC), Sale and Servicing Agreement (Honda Auto Receivables 2016-1 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2014-2 Owner Trust)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which where the ownership or lease of its property or failure to do so would materially and adversely affect the conduct of its business requires such qualificationSeller’s ability to acquire, own and service the Receivables.

Appears in 53 contracts

Samples: Receivables Purchase Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2015-C), Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2015-A)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which where the ownership or lease of its property or failure to do so would reasonably be expected to materially and adversely affect the conduct of its business requires such qualificationSeller’s ability to acquire, own and service the Receivables.

Appears in 45 contracts

Samples: Receivables Purchase Agreement (Hyundai Abs Funding LLC), Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2023-C), Receivables Purchase Agreement (Hyundai Auto Receivables Trust 2021-C)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which each jurisdiction where any such failure to do so would materially and adversely affect the ownership or lease of Seller’s ability to perform its property or obligations under and consummate the conduct of its business requires such qualificationtransactions contemplated by the Basic Documents.

Appears in 42 contracts

Samples: Sale and Servicing Agreement (Honda Auto Receivables 2023-1 Owner Trust), Sale and Servicing Agreement (American Honda Receivables LLC), Sale and Servicing Agreement (Honda Auto Receivables 2021-2 Owner Trust)

Due Qualification. Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification.

Appears in 42 contracts

Samples: Purchase Agreement (Americredit Automobile Receivables Trust 2005-C-F), Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (AFS Funding Trust)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership failure to so qualify or lease of its property to obtain such license or approval would render any Receivable unenforceable that would otherwise be enforceable by the Seller, the Sub-Servicer or the conduct of its business requires such qualificationOwner Trustee.

Appears in 41 contracts

Samples: Sale and Servicing Agreement (Deere John Receivables Inc), Sale and Servicing Agreement (John Deere Owner Trust 2016-B), Sale and Servicing Agreement (John Deere Receivables, Inc.)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualificationqualifications.

Appears in 38 contracts

Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corp)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions each jurisdiction in which such qualification, license or approval is necessary for the ownership or lease performance of its property or obligations under and consummation of the conduct of its business requires such qualificationtransactions contemplated by the Basic Documents.

Appears in 37 contracts

Samples: Receivables Purchase Agreement (Honda Auto Receivables 2014-4 Owner Trust), Receivables Purchase Agreement (Honda Auto Receivables 2013-4 Owner Trust), Receivables Purchase Agreement (Honda Auto Receivables 2014-4 Owner Trust)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has shall have obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications.

Appears in 37 contracts

Samples: Sale and Servicing Agreement (United Pan Am Financial Corp), Sale and Servicing Agreement (WFS Financial 2005-2 Owner Trust), Sale and Servicing Agreement (WFS Receivables Corp 3)

Due Qualification. Seller is duly qualified to do business as a foreign corporationlimited liability company, is in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification.

Appears in 34 contracts

Samples: Purchase Agreement (Exeter Automobile Receivables Trust 2022-4), Purchase Agreement (Exeter Automobile Receivables Trust 2023-5), Purchase Agreement (Exeter Automobile Receivables Trust 2021-2)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires (including the servicing of the Receivables as required by the Sale and Servicing Agreement) shall require such qualificationqualifications.

Appears in 32 contracts

Samples: Receivables Purchase Agreement (American Honda Receivables Corp), Receivables Purchase Agreement (Honda Auto Receivables 2010-1 Owner Trust), Receivables Purchase Agreement (American Honda Receivables LLC)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is business trust in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications.

Appears in 28 contracts

Samples: Sale and Servicing Agreement (Mmca Auto Receivables Trust), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-3), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-3)

Due Qualification. The Seller is duly qualified authorized to do transact business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications and in which the failure to be so authorized would have a material adverse effect on the business, properties, assets, or condition (financial or other) of the Seller and its subsidiaries, considered as one enterprise.

Appears in 21 contracts

Samples: Receivables Purchase Agreement (BMW Fs Securities LLC), Receivables Purchase Agreement (BMW Vehicle Owner Trust 2018-A), Form of Receivables Purchase Agreement (BMW Vehicle Owner Trust 2019-A)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification.

Appears in 19 contracts

Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp), Purchase Agreement and Assignment (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Arcadia Receivables Finance Corp)

Due Qualification. The Seller is shall be duly qualified to do business as a foreign corporation, is limited partnership in good standing, and has shall have obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications.

Appears in 18 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)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires or the consummation of the transactions contemplated by the Basic Documents shall require such qualificationqualifications.

Appears in 14 contracts

Samples: Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications, licenses or approvals (except where the failure to so qualify or obtain such licenses and approvals would not be reasonably likely to have a material adverse effect on the Seller’s business, operations, assets, revenues or properties).

Appears in 14 contracts

Samples: Transition Property Purchase and Sale Agreement (BEC Funding II, LLC), Purchase and Sale Agreement (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Purchase and Sale Agreement (FirstEnergy Ohio PIRB Special Purpose Trust 2013)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification.

Appears in 12 contracts

Samples: Purchase Agreement (Afs Sensub Corp.), Sale and Servicing (AFS SenSub Corp.), Purchase Agreement (AFS SenSub Corp.)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, corporation and is in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications and in which the failure to do so would materially and adversely affect the Purchaser’s performance of its obligations under, the validity or enforceability of, this Agreement or the Seller Assets.

Appears in 11 contracts

Samples: Sale Agreement (UPFC Auto Receivables Trust 2005-A), Sale Agreement (United Pan Am Financial Corp), Sale Agreement (UPFC Auto Receivables Trust 2006-B)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires or shall require such qualification.;

Appears in 11 contracts

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

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is entity in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications and where the failure to so qualify would have a material adverse effect on the ability of the Seller to perform its obligations under this Agreement.

Appears in 11 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2019-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2020-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2021-a Owner Trust)

Due Qualification. The Seller is shall be duly qualified to do business as a foreign corporation, is limited liability company in good standing, and has shall have obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)

Due Qualification. The Seller is duly qualified to do business as a foreign corporationand, where necessary, is in good standing, standing as a foreign corporation (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership or lease of its property or the conduct of its business requires such qualificationqualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder.

Appears in 9 contracts

Samples: Trust Sale and Servicing Agreement (Navistar Financial Corp), Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC), Receivables Purchase Agreement (Green Tree Financial Corp)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualificationqualifications.

Appears in 8 contracts

Samples: Trust and Servicing Agreement (Uacsc 1999-B Owner Tr Auto Rec Bk Notes), Trust and Servicing Agreement (Uacsc 2001-a Owner Trust), Trust and Servicing Agreement (Uacsc Auto Trusts)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualificationqualifications.

Appears in 8 contracts

Samples: Purchase Agreement (Caterpillar Financial Funding Corp), Purchase Agreement (Caterpillar Financial Funding Corp), Purchase Agreement (Caterpillar Financial Asset Trust 2006-A)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, corporation and is in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications and in which the failure to do so would materially and adversely affect the Purchaser’s performance of its obligations under, the validity or enforceability of, this Agreement or the Conveyed Assets.

Appears in 8 contracts

Samples: Receivables Purchase Agreement (California Republic Funding LLC), Receivables Purchase Agreement (California Republic Funding LLC), Receivables Purchase Agreement (California Republic Funding LLC)

Due Qualification. Seller is duly qualified to do business as a foreign corporationstatutory trust, is in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification.

Appears in 8 contracts

Samples: Sale Agreement (Exeter Automobile Receivables Trust 2021-2), Sale Agreement (Exeter Automobile Receivables Trust 2021-3), Sale Agreement (Exeter Automobile Receivables Trust 2021-1)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires (including the origination of the Samco Receivables as required by the Sale and Servicing Agreement) shall require such qualificationqualifications.

Appears in 7 contracts

Samples: Samco Purchase Agreement (Consumer Portfolio Services Inc), Subsequent Purchase Agreement (Consumer Portfolio Services Inc), Execution (Consumer Portfolio Services Inc)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications.

Appears in 7 contracts

Samples: Execution Copy (Nal Financial Group Inc), Receivables Purchase Agreement (Nal Financial Group Inc), Receivables Purchase Agreement (Nal Financial Group Inc)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership failure to so qualify or lease of its property to obtain any such license or approval would render any Receivable unenforceable that would otherwise be enforceable by the Seller or the conduct of its business requires such qualificationOwner Trustee.

Appears in 7 contracts

Samples: Sale and Servicing Agreement (Caterpillar Financial Funding Corp), Sale and Servicing Agreement (Caterpillar Financial Funding Corp), Sale and Servicing Agreement (Caterpillar Financial Funding Corp)

Due Qualification. The Seller is duly qualified to do business as a foreign corporationand, where necessary, is in good standing, standing as a foreign corporation (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or each jurisdiction where the conduct of its business requires such qualificationqualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder.

Appears in 7 contracts

Samples: Receivables Purchase Agreement (Ford Credit Floorplan LLC), Receivables Purchase Agreement (GMF Floorplan Owner Revolving Trust), Receivables Purchase Agreement (Nissan Wholesale Receivables Corp Ii)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification.;

Appears in 7 contracts

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

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualificationqualifications, licenses or approvals (except where the failure to so qualify or obtain such licenses and approvals would not be reasonably likely to have a material adverse effect on the Seller’s business, operations, assets, revenues or properties).

Appears in 7 contracts

Samples: Securitized Utility Tariff Property Purchase and Sale Agreement (Kansas Gas Service Securitization I, L.L.C.), Securitization Property Purchase and Sale Agreement (SIGECO Securitization I, LLC), Securitized Utility Tariff Property Purchase and Sale Agreement (Kansas Gas Service Securitization I, L.L.C.)

Due Qualification. The Seller is duly qualified to do business as a foreign corporationand, where necessary, is in good standing, standing as a foreign corporation (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or each jurisdiction where the conduct of its business requires such qualification, except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder.

Appears in 7 contracts

Samples: Receivables Purchase Agreement (Ford Credit Floorplan LLC), Receivables Purchase Agreement (GMF Floorplan Owner Revolving Trust), Receivables Purchase Agreement (Ford Credit Auto Receivables LLC)

Due Qualification. The Seller is duly qualified to do business and is in good standing (or is exempt from such requirements) as a foreign corporation, is corporation in good standingany state required in order to conduct its business, and has obtained all necessary licenses and approvals with respect to the Seller required under applicable law; provided that no representation or warranty is made with respect to any qualifications, licenses or approvals which the Buyer would have to obtain to do business in all jurisdictions any state in which the ownership or lease of its property or the conduct of its business requires such qualificationBuyer seeks to enforce any Receivable.

Appears in 6 contracts

Samples: Receivables Purchase Agreement (HSBC Credit Card Master Note Trust (Usa) I), Receivables Purchase Agreement, Affinity Receivables Purchase Agreement (HSBC Credit Card Master Note Trust (Usa) I)

Due Qualification. The Seller is duly qualified to do business as a foreign corporationand, where necessary, is in good standing, standing as a foreign corporation (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership or lease of its property or the conduct of its business requires such qualification.qualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder;

Appears in 6 contracts

Samples: Receivables Purchase Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp), Contribution and Sale Agreement (CDF Funding, Inc.)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires (including the origination and the servicing of the Receivables as required by the Sale and Servicing Agreement) shall require such qualificationqualifications.

Appears in 6 contracts

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

Due Qualification. The Seller is duly qualified to do ------------------ business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications, licenses or approvals (except where the failure to so qualify would not be reasonably likely to have a material adverse effect on the Seller's business, operations, assets, revenues, properties or prospects).

Appears in 6 contracts

Samples: Transition Property Purchase and Sale Agreement (Pg&e Funding LLC), Transition Property Purchase and Sale Agreement (Sdg&e Funding LLC a De Limited Liability Co), Purchase and Sale Agreement (Sce Funding LLC)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications, licenses or approvals (except where the failure to so qualify would not be reasonably likely to have a material adverse effect on the Seller's business, operations, assets, revenues, properties or prospects).

Appears in 5 contracts

Samples: Intangible Transition Property Sale Agreement (Peco Energy Transition Trust), Intangible Transition Property Sale Agreement (Peco Energy Transition Trust), Intangible Transition Property Sale Agreement (West Penn Funding LLC)

Due Qualification. The Seller is duly qualified to do business as a foreign corporationlimited liability company, is in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications.

Appears in 5 contracts

Samples: Contribution Agreement (Capital One Auto Finance Trust 2002-A), Contribution Agreement (Capital One Auto Finance Trust 2002-C), Contribution Agreement (Capital One Auto Receivables Trust 2001-B)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property property, including the Receivables, or the conduct of its business requires shall require such qualificationqualifications.

Appears in 5 contracts

Samples: Sale and Servicing (TMS Auto Holdings Inc), Sale and Servicing (TMS Auto Holdings Inc), Sale and Servicing (TMS Auto Holdings Inc)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions (including Pennsylvania) in which the ownership or lease of its property or the conduct of its business requires such qualificationqualifications.

Appears in 5 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)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires (including the origination and the servicing of the Receivables as required by the Pooling and Servicing Agreement) shall require such qualificationqualifications.

Appears in 5 contracts

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

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires or the consummation of the transactions contemplated by the Basic Documents shall require such qualificationqualifications.

Appears in 5 contracts

Samples: Sale and Servicing (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing (Consumer Portfolio Services Inc)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary material licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications, except where the failure to be so qualified or to have obtained such licenses or approvals would not have a material adverse effect on the Seller's earnings, business affairs or business prospects.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (World Omni Auto Receivables LLC), Receivables Purchase Agreement (World Omni Auto Receivables LLC), Receivables Purchase Agreement (World Omni Auto Receivables LLC)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, corporation and is in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires (including, without limitation, the origination and servicing of the Receivables) shall require such qualificationqualifications.

Appears in 4 contracts

Samples: Purchase Agreement (Franklin Auto Trust 2003-2), Purchase Agreement (Franklin Receivables Auto Trust 2003-1), Purchase Agreement (Franklin Auto Trust 2004-2)

Due Qualification. Seller is duly qualified to do business as a foreign corporationand, where necessary, is in good standing, standing as a foreign corporation (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership or lease of its property or the conduct of its business requires such qualificationqualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder.

Appears in 4 contracts

Samples: Sale and Assignment Agreement (Ford Credit Floorplan LLC), Sale and Assignment Agreement (Ford Credit Floorplan LLC), Sale and Assignment Agreement (Ford Credit Floorplan LLC)

Due Qualification. Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification, licenses or approvals except where the failure to so qualify or have such licenses or approvals has not had, and could not reasonably be expected to have, a Material Adverse Effect.

Appears in 4 contracts

Samples: Accounts Receivable Purchase Agreement (Lattice INC), Accounts Receivable Purchase Agreement (Implant Sciences Corp), Accounts Receivable Purchase Agreement (Telos Corp)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, corporation and is in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires (including without limitation, the origination and servicing of the Receivables) shall require such qualificationqualifications.

Appears in 4 contracts

Samples: Purchase Agreement (Franklin Receivables Auto Trust 2003-1), Purchase Agreement (Franklin Auto Trust 2004-2), Purchase Agreement (Franklin Auto Trust 2004-1)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualificationqualifications, licenses or approvals (except where the failure to so qualify and to obtain such licenses and approvals would not be reasonably likely to have a material adverse effect on the Seller's business, operations, assets, revenues, properties or prospects).

Appears in 4 contracts

Samples: Transition Property Sale Agreement (PSE&G Transition Funding II LLC), Sale Agreement (Pse&g Transition Funding LLC), Sale Agreement (Pse&g Transition Funding LLC)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires (including the origination of the Linc Receivables as required by the Sale and Servicing Agreement) shall require such qualificationqualifications.

Appears in 4 contracts

Samples: Purchase Agreement (Consumer Portfolio Services Inc), Purchase Agreement (Consumer Portfolio Services Inc), Execution (Consumer Portfolio Services Inc)

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Due Qualification. The Seller is duly qualified to do business as a foreign corporationand, where necessary, is in good standing, standing as a foreign company (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership or lease of its property or the conduct of its business requires such qualificationqualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Daimlerchrysler Master Owner Trust), Sale and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC), Sale and Servicing Agreement (Daimlerchrysler Master Owner Trust)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications, licenses or approvals and as to which the failure to obtain such licenses or approvals would have a material and adverse impact upon the value or collectability of the Receivables.

Appears in 4 contracts

Samples: Receivables Contribution Agreement (MCM Capital Group Inc), Receivables Contribution Agreement (MCM Capital Group Inc), Receivables Contribution Agreement (MCM Capital Group Inc)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, corporation and is in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications.

Appears in 4 contracts

Samples: Subsequent Purchase Agreement (Franklin Receivables LLC), Purchase Agreement (Franklin Receivables LLC), Purchase Agreement (Franklin Receivables LLC)

Due Qualification. Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all other jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification, licenses or approvals, except where the failure to so qualify or have such licenses or approvals has not had, and could not reasonably be expected to have, a Material Adverse Effect.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Conmed Corp), Receivables Purchase Agreement (Conmed Corp), Receivables Purchase Agreement (Avista Corp)

Due Qualification. Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all other jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification, licenses or approvals has not had, and except where the failure to so qualify or have such licenses or approvals has not had, and could not reasonably be expected to have, a Material Adverse Effect.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (D & K Healthcare Resources Inc), Receivables Purchase Agreement (D & K Healthcare Resources Inc), Receivables Purchase Agreement (Maxtor Corp)

Due Qualification. Such Seller is duly qualified to do business as a foreign corporationand, where necessary, is in good standing, standing as a foreign corporation (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership or lease of its property or the conduct of its business requires such qualificationqualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder.

Appears in 3 contracts

Samples: Contribution and Sale Agreement (CDF Funding, Inc.), Receivables Contribution and Sale Agreement (Deutsche Floorplan Receivables L P), Contribution and Sale Agreement (Distribution Financial Services Floorplan Master Trust)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership failure to so qualify or lease of its property to obtain any such license or approval would render any Receivable unenforceable that would otherwise be enforceable by the Seller or the conduct of its business requires such qualificationIssuer.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2005-A), Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2004-A), Sale and Servicing Agreement (Caterpillar Financial Funding Corp)

Due Qualification. The Seller is duly qualified to do business as a foreign corporationand, where necessary, is in good standing, standing as a foreign partnership (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership or lease of its property or the conduct of its business requires such qualification.qualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder;

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (CDF Funding, Inc.), Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P), Pooling and Servicing Agreement (Distribution Financial Services Floorplan Master Trust)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualification.qualifications. (c)

Appears in 3 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)

Due Qualification. The Seller is duly qualified to do business as a foreign corporationand, where necessary, is in good standing, standing as a foreign partnership (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership or lease of its property or the conduct of its business requires such qualificationqualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Distribution Financial Services Floorplan Master Trust), Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P), Pooling and Servicing Agreement (CDF Funding, Inc.)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property property, including the Receivables, or the conduct of its business requires shall require such qualificationqualifications.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Ml Asset Backed Corp), Sale and Servicing Agreement (Painewebber Asset Acceptance Corp), Sale and Servicing Agreement (Ml Asset Backed Corp)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualificationqualifications, licenses or approvals (except where the failure to so qualify would not be reasonably likely to have a material adverse effect on the Seller's business, operations, assets, revenues, properties or prospects, the Securitization Property, the Issuer or the Securitization Bonds).

Appears in 3 contracts

Samples: Sale Agreement (Consumers Funding LLC), Sale Agreement (Consumers Energy Co Financing V), Sale Agreement (Consumers Funding LLC)

Due Qualification. The Seller is duly qualified to do business and is in good standing as a foreign corporation, is in good standing, corporation and has obtained all necessary licenses and approvals approvals, in all jurisdictions each jurisdiction in which the ownership or lease of its property or the conduct nature of its business requires such qualificationit to be so qualified.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (American Capital Strategies LTD), Purchase and Sale Agreement (American Capital Strategies LTD), Purchase and Sale Agreement (American Capital Strategies LTD)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires or shall require such qualification.

Appears in 3 contracts

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

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires (including the origination, sale and servicing of the Receivables and the Other Conveyed Property as required by this Agreement) shall require such qualificationqualifications.

Appears in 2 contracts

Samples: Sale and Servicing (Silverleaf Resorts Inc), Sale and Servicing Agreement (Silverleaf Resorts Inc)

Due Qualification. Seller is duly qualified to do business as a foreign corporation[_______], is in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification.

Appears in 2 contracts

Samples: Sale Agreement (Efcar, LLC), Sale Agreement (Efcar, LLC)

Due Qualification. The Seller is duly qualified to do business and is in good standing as a foreign corporation, corporation (or is in good standingexempt from such requirements), and has obtained all necessary licenses and approvals approvals, in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease of to obtain such licenses and approvals would have a Material Adverse Effect on its property or the conduct of ability to perform its business requires such qualificationobligations hereunder.

Appears in 2 contracts

Samples: Pledge and Security Agreement (American Capital Strategies LTD), Pledge and Security Agreement (American Capital Strategies LTD)

Due Qualification. Each Seller is duly qualified to do business and is in good standing as a foreign corporation, corporation (or is in good standingexempt from such requirements), and has obtained all necessary licenses and approvals approvals, in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease of its property or the conduct of its business requires to obtain such qualificationlicenses and approvals would have a Material Adverse Effect.

Appears in 2 contracts

Samples: Sale and Contribution Agreement (Bluegreen Corp), Sale and Contribution Agreement (Bluegreen Corp)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualification.qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Seller to perform its obligations under this Agreement. (NAROT 2018-A Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2018-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2018-a Owner Trust)

Due Qualification. The Seller is duly qualified to do business ----------------- as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Nissan Auto Receivables Corp /De)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standingstanding or equivalent status, and has obtained all necessary licenses and approvals approvals, in all jurisdictions jurisdictions, other than Florida, in which the ownership or lease of its property or the conduct of its business requires such qualificationqualifications, licenses or approvals (except where the failure to so qualify and to obtain such licenses and approvals would not be reasonably likely to have a material adverse effect on the Seller's business, operations, assets, revenues, properties or prospects).

Appears in 2 contracts

Samples: Florida Power & Light Co, FPL Recovery Funding LLC

Due Qualification. Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business (including the origination and the servicing of the Receivables) requires such qualification.qualifications. (c)

Appears in 2 contracts

Samples: First Tier Receivables Purchase Agreement (Asset Backed Securities Corp), First Tier Receivables Purchase Agreement (Compass Auto Receivables Trust 1998-A)

Due Qualification. The Seller is duly qualified to do business and is in good standing as a foreign corporation, corporation (or is in good standingexempt from such requirements), and has obtained all necessary licenses and approvals approvals, in all jurisdictions each jurisdiction in which failure to so qualify or to obtain such licenses and approvals would have a material adverse effect on its ability to perform its obligations hereunder or under the ownership or lease of its property or the conduct of its business requires such qualificationSale Papers.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Resource America Inc), Purchase and Sale Agreement (Fidelity Leasing Inc)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation----------------- and, where necessary, is in good standing, standing as a foreign corporation (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership or lease of its property or the conduct of its business requires such qualificationqualification except where the failure to so qualify, be in good standing or obtain licenses or approvals would not have a Material Adverse Effect.

Appears in 2 contracts

Samples: Interest Purchase Agreement (Federal Mogul Corp), Receivable Interest Purchase Agreement (Federal Mogul Corp)

Due Qualification. Such Seller is duly qualified to do business and is in good standing as a foreign corporation, corporation (or is in good standingexempt from such requirements), and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification, licenses or approvals.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (International Comfort Products Corp), Receivables Purchase Agreement (International Comfort Products Corp)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications, except where the failure of the Seller to so qualify or obtain such licenses or approvals would not have a material adverse effect on the Seller, the Trust or any Receivable.

Appears in 2 contracts

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

Due Qualification. The Seller is shall be duly qualified to do business as a foreign corporation, is corporation in good standing, and has shall have obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications, except where the failure to so qualify or to have obtained such licenses and approvals would not have a material adverse effect on the condition, financial or otherwise, or the earnings, business affairs or business prospects of the Seller.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Trendwest Resorts Inc), Receivables Transfer Agreement (Trendwest Resorts Inc)

Due Qualification. Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification.

Appears in 2 contracts

Samples: Transfer Agreement (Conseco Finance Securitizations Corp), Transfer Agreement (Conseco Finance Securitizations Corp)

Due Qualification. Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property property, or the conduct of its business requires shall require such qualificationqualifications, except where the failure to so obtain would not have a material adverse impact either on Seller, the transactions contemplated in the Basic Documents or the Receivables.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Wells Fargo Auto Receivables Corp), Sale and Servicing Agreement (Ace Securities Corp Rv & Marine Trust 2001-Rv1)

Due Qualification. The Seller is duly qualified to do business and is in good standing (or is exempt from such requirements), as a foreign corporation, is corporation in good standingany state required in order to conduct business, and has obtained all necessary licenses and approvals in all jurisdictions in which with respect to the ownership or lease of its property or the conduct of its business requires such qualificationSeller required under applicable law.

Appears in 2 contracts

Samples: Purchase Agreement (Fingerhut Receivables Inc), Purchase Agreement (Fingerhut Receivables Inc)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, corporation in all jurisdictions in which it is in good standingrequired to be so qualified, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification, licenses or approvals (except where the failure to so qualify and to obtain such licenses and approvals would not be reasonably likely to have a material adverse effect on the Seller's business, operations, assets, revenues or properties).

Appears in 2 contracts

Samples: Transition Property Sale Agreement (Atlantic City Electric Transition Funding LLC), Transition Property Sale Agreement (Atlantic City Electric Transition Funding LLC)

Due Qualification. The Seller is duly qualified to do business as ----------------- a foreign corporation, is company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property property, including the Receivables, or the conduct of its business requires shall require such qualificationqualifications.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualification.qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Seller to perform its obligations under this Agreement. (NAROT 2018-B Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation----------------- and, where necessary, is in good standing, standing as a foreign corporation (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership or lease of its property or the conduct of its business requires such qualification.qualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder;

Appears in 2 contracts

Samples: Receivables Contribution and Sale Agreement (Deutsche Floorplan Receivables L P), Receivables Purchase Agreement (Bombardier Receivables Master Trust I)

Due Qualification. Seller is duly qualified to do business ----------------- as a foreign corporation, corporation and is in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or the conduct of its business business, including without limitation, the acquisition and sale of the Receivables, requires such qualification.

Appears in 2 contracts

Samples: Purchase Agreement (TFC Enterprises Inc), Purchase Agreement (TFC Enterprises Inc)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is in good standing, and has obtained all necessary licenses and approvals in required under the laws of, all jurisdictions states in which the ownership or lease of its property or the conduct of its business requires such qualification., standing, license or approval, except to the extent that the failure to so qualify, maintain such standing or be so licensed or approved, would not, in the aggregate, materially and adversely affect the ability of the Seller to perform its obligations under this Agreement and the Contribution and Sale Agreement;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Trans Leasing International Inc), Pooling and Servicing Agreement (Tl Lease Funding Corp Iv)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation----------------- and, where necessary, is in good standing, standing as a foreign corporation (or is exempt from such requirement) and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership or lease of its property or the conduct of its business requires such qualificationqualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Greentree Floorplan Funding Corp), Receivables Purchase Agreement (Greentree Floorplan Funding Corp)

Due Qualification. The Seller is duly qualified to do business and is in good standing (or is exempt from such requirements), as a foreign corporation, is corporation in good standingany state required in order to conduct its business, and has obtained all necessary licenses and approvals in all jurisdictions in which with respect to the ownership or lease of its property or the conduct of its business requires such qualificationSeller required under applicable law.

Appears in 2 contracts

Samples: Purchase Agreement (Fingerhut Receivables Inc), Purchase Agreement (Fingerhut Receivables Inc)

Due Qualification. The Seller is duly qualified to do business as a foreign corporation, is corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires shall require such qualificationqualifications, except where the failure of the Seller to so qualify or obtain such licenses or approvals would not have a material adverse effect on the Seller or any Receivable.

Appears in 2 contracts

Samples: Purchase Agreement (Daimler Benz Vehicle Receivables Corp), 1 Purchase Agreement (Daimler Benz Vehicle Receivables Corp)

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