Common use of Due Qualification Clause in Contracts

Due Qualification. The Seller shall be duly qualified to do business as a foreign corporation in good standing, and shall have obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business shall require such qualifications 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 103 contracts

Samples: Form of Receivables Purchase Agreement (Toyota Auto Receivables 2024-B Owner Trust), Receivables Purchase Agreement (Toyota Auto Receivables 2022-B Owner Trust), Receivables Purchase Agreement (Toyota Auto Receivables 2020-D Owner Trust)

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

Appears in 96 contracts

Samples: Form of Receivables Purchase Agreement (Toyota Auto Receivables 2024-B Owner Trust), Receivables Purchase Agreement (Toyota Auto Receivables 2022-C Owner Trust), Receivables Purchase Agreement (Toyota Auto Receivables 2019-a Owner Trust)

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

Appears in 17 contracts

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

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

Appears in 14 contracts

Samples: Transition Property Purchase and Sale Agreement (Northeast Utilities System), Transition Property Purchase and Sale Agreement (Central & South West Corp), Purchase and Sale Agreement (PSNH Funding LLC 2)

Due Qualification. The Seller shall be duly qualified to do business as a foreign corporation in good standing, and shall have obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business shall require such qualifications and qualifications, except where the failure to be so qualify will qualified or to have obtained such licenses or approvals would not have a material adverse effect on the ability of the Seller to conduct its business or perform its obligations under transactions contemplated by this Agreement.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Chevy Chase Bank FSB)

Due Qualification. The Seller shall be is duly qualified to do business as a foreign corporation in good standing, and shall have has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business shall require such qualifications and where the failure to do so qualify will have a material adverse effect on would materially and adversely affect the ability ownership or servicing of the Seller to conduct its business Receivables or perform its obligations under this Agreementrender any of the Receivables unenforceable.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (First Security Bank Na), Pooling and Servicing Agreement (First Security Auto Grantor Trust 1997-A), Pooling and Servicing Agreement (First Security Corp /Ut/)

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

Appears in 6 contracts

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

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

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Toyota Motor Credit Receivables Corp), Receivables Purchase Agreement (Toyota Motor Credit Receivables Corp), Receivables Purchase Agreement (Toyota Motor Credit Receivables Corp)

Due Qualification. The Seller shall be duly ----------------- qualified to do business as a foreign corporation in good standing, and shall have obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business shall require such qualifications and qualifications, except where the failure to be so qualify will qualified or to have obtained such licenses or approvals would not have a material adverse effect on the ability of the Seller to conduct its business or perform its obligations under transactions contemplated by this Agreement.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB), Sale and Servicing Agreement (Chevy Chase Bank FSB), Sale and Servicing Agreement (Chevy Chase Bank FSB)

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

Appears in 4 contracts

Samples: Pooling Agreement (Newcourt Receivables Corp), Asset Purchase Agreement (Bluegreen Corp), Agency and Servicing Agreement (Newcourt Receivables Corp)

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

Appears in 3 contracts

Samples: Sale and Servicing Agreement (American Honda Receivables LLC), Pooling and Servicing Agreement (World Omni Auto Receivables LLC), Pooling and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Due Qualification. The Seller shall be is duly qualified to do business as a foreign corporation in good standing, and shall have 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 shall require requires such qualifications and where the failure to so qualify will have a material adverse effect on the ability of the Seller to conduct its business qualifications, licenses or perform its obligations under this Agreementapprovals.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Triad Financial Corp), Pooling and Servicing Agreement (Triad Financial Corp)

Due Qualification. The Seller shall be is duly qualified to do business as a foreign corporation in good standing, and shall have 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 shall require requires such qualifications and qualifications, licenses or approvals (except where the failure to so qualify will and to obtain such licenses and approvals would not be reasonably likely to have a material adverse effect on the ability of the Seller to conduct its business Seller's business, operations, assets, revenues, properties or perform its obligations under this Agreementprospects).

Appears in 2 contracts

Samples: Sale Agreement (Jcp&l Transition Funding LLC), Transition Property Sale Agreement (Jcp&l Transition Funding LLC)

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

Appears in 2 contracts

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

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Due Qualification. The Seller shall be is duly qualified to do business as a foreign corporation in good standing, standing and shall have has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business shall require such qualifications and where the failure to so qualify will have a material adverse effect on or to obtain such licenses and approvals would, in the ability reasonable judgment of the Seller, materially and adversely affect the performance by the Seller to conduct its business or perform of its obligations under under, or the validity or enforceability of, this Agreement, the Indenture, the Trust Agreement, any of the other Transaction Documents, the Contracts or the Notes.

Appears in 2 contracts

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

Due Qualification. The Seller shall be is duly qualified to do business as a foreign corporation in good standing, standing and shall have has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business shall require such qualifications and where the failure to do so qualify will have a material adverse effect on would materially and adversely affect the ability validity or enforceability of the Seller Receivables and the Other Conveyed Property or the Seller's ability to conduct its business or perform its obligations hereunder and under this Agreementthe other Basic Documents to which it is a party.

Appears in 2 contracts

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

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

Appears in 1 contract

Samples: Receivables Purchase Agreement

Due Qualification. The Seller shall be Buyer is duly qualified to do business as a foreign corporation in good standing, and shall have has obtained all necessary licenses and approvals in all jurisdictions jurisdictions, in which the ownership or lease of its property or the conduct of its business shall require requires such qualifications and where qualification except to the extent that the failure to so qualify will comply therewith would not have a material adverse effect on the ability of the Seller Material Adverse Effect with respect to conduct its business or perform its obligations under this AgreementBuyer.

Appears in 1 contract

Samples: Servicing Agreement (Navistar Financial Corp)

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

Appears in 1 contract

Samples: Loan Purchase Agreement (Barnett Auto Receivables Corp)

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

Appears in 1 contract

Samples: Receivables Purchase Agreement (Honda Auto Receivables 1996-a Grantor Trust)

Due Qualification. The Seller shall be duly qualified to do business as a foreign corporation in good standing, standing (to the extent the failure to so qualify could have a material adverse effect on it or on the Receivables or the transactions contemplated hereby) and shall have obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business business, including the undertakings under this Agreement, shall require such qualifications and where the failure to so qualify will have a material adverse effect on the ability of the Seller to conduct its business qualifications, licenses or perform its obligations under this Agreementapprovals.

Appears in 1 contract

Samples: Purchase and Servicing Agreement (Mego Financial Corp)

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

Appears in 1 contract

Samples: Receivables Purchase Agreement (Pooled Auto Securities Shelf LLC)

Due Qualification. The Each Seller shall be is duly qualified to do business and is in good standing as a foreign corporation in good standing(or is exempt from such requirements), and shall have has obtained all necessary licenses and approvals approvals, in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business shall require such qualifications and where the failure to so qualify will or to obtain such licenses and approvals would have a material adverse effect on the its ability of the Seller to conduct its business or perform its obligations under this Agreementhereunder.

Appears in 1 contract

Samples: Sale and Contribution Agreement (Bluegreen Corp)

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