Common use of Due Qualification Clause in Contracts

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

Appears in 235 contracts

Samples: Servicing Agreement (Ally Auto Receivables Trust 2016-3), Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2013-3), Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2014-1)

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Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation, is in good standing, and has obtained obtained, or has filed all forms, in the appropriate form, that are required to obtain, all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or its property, the conduct of its business and the performance of its obligations under this Agreement and the Basic Documents requires such qualification;.

Appears in 107 contracts

Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2), Trust Agreement (AFS SenSub Corp.)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary material licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business requires shall require such qualification;qualifications, 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 Depositor’s earnings, business affairs or business prospects.

Appears in 98 contracts

Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2013-A), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2023-D), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2006-A)

Due Qualification. The Depositor is duly qualified to do business business, is in good standing as a foreign entity in good standing, limited liability company (or is exempt from such requirements) and 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 requires such qualification;, licenses or approvals, except where the failure to so qualify or obtain licenses or approvals would not reasonably be expected to have a Material Adverse Effect.

Appears in 92 contracts

Samples: Transfer and Servicing Agreement (Verizon Owner Trust 2020-C), Transfer and Servicing Agreement (Verizon Owner Trust 2020-B), Transfer and Servicing Agreement (Verizon Master Trust)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of 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 Depositor to perform its obligations under this Agreement.

Appears in 82 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2005-B Owner Trust), Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (Nissan Auto Receivables 2009-a Owner Trust)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation, is in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or its property, the conduct of its business and the performance of its obligations under this Agreement and the Basic Documents requires such qualification;.

Appears in 58 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2008-a-F), Trust Agreement (Americredit Automobile Receivables Trust 2011-5), Trust Agreement (AmeriCredit Automobile Receivables Trust 2013-5)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires shall require such qualification;qualifications, except where the failure to have any such license, approval, or qualification would not have a Material Adverse Effect on the Depositor.

Appears in 54 contracts

Samples: Transfer Agreement (Nissan Auto Leasing LLC Ii), Transfer Agreement (Nissan Auto Lease Trust 2015-B), Transfer Agreement (Nissan Auto Leasing LLC Ii)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which where the ownership or lease of property failure to do so would reasonably be expected to materially and adversely affect the Depositor’s ability to transfer the Receivables to the Trust pursuant to this Agreement or the conduct validity or enforceability of its business requires such qualification;the Receivables.

Appears in 44 contracts

Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2020-B), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2018-B), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2020-C)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, standing and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease to obtain such licenses and approvals would, in the reasonable judgment of property the Depositor, materially and adversely affect the performance by the Depositor of its obligations under, or the conduct validity or enforceability of, this Agreement, any of its business requires such qualification;the other Transaction Documents to which the Depositor is a party, the Receivables, the Notes or the Certificates.

Appears in 44 contracts

Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2011-3), Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-2), Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-3)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, standing and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or its property, the conduct of its business or the entering into, or the performance, of its obligations under the Basic Documents to which it is a party requires such qualification;.

Appears in 37 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)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited 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 property or its property, the conduct of its business and the performance of its obligations under this Agreement and the Basic Documents requires such qualification;.

Appears in 35 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2021-3), Trust Agreement (Exeter Automobile Receivables Trust 2022-2), Trust Agreement (Exeter Automobile Receivables Trust 2021-2)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires shall require such qualification;qualifications, except where the failure to have any such license, approval, or qualification would not have a Material Adverse Effect on the Depositor.

Appears in 34 contracts

Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, standing and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease to obtain such licenses and approvals would, in the reasonable judgment of property the Depositor, materially and adversely affect the performance by the Depositor of its obligations under, or the conduct of its business requires such qualification;validity or enforceability of, the Depositor Basic Documents, the Receivables or the Securities.

Appears in 33 contracts

Samples: Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2011-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2023-2), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2015-1)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor’s ability to transfer the Receivables to the Trust pursuant to this Agreement or the conduct validity or enforceability of its business requires such qualification;the Receivables.

Appears in 28 contracts

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2012-B), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2011-C)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would adversely affect the Depositor’s ability to transfer the Depositor Conveyed Assets being conveyed by it to the Issuer pursuant to this Agreement or the conduct validity or enforceability of its business requires such qualification;the Receivables.

Appears in 23 contracts

Samples: Sale and Servicing Agreement (California Republic Funding LLC), Sale and Servicing Agreement (California Republic Auto Receivables Trust 2016-1), Sale and Servicing Agreement (California Republic Funding LLC)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, standing and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or its property, the conduct of its business or the entering into, or the performance, of its obligations under the Transaction Documents to which it is a party requires such qualification;.

Appears in 23 contracts

Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (CarMax Auto Owner Trust 2023-3), Sale and Servicing Agreement (Carmax Auto Funding LLC)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor’s ability to transfer the Receivables to the Trust pursuant to this Agreement or the conduct validity or enforceability of its business requires such qualification;the Receivables.

Appears in 23 contracts

Samples: Sale and Servicing Agreement (BMW Fs Securities LLC), Sale and Servicing Agreement (BMW Vehicle Owner Trust 2018-A), Sale and Servicing Agreement (BMW Vehicle Owner Trust 2011-A)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor's ability to acquire the Receivables or the conduct other Trust Property or the validity or enforceability of its business requires such qualification;the Receivables or the other Trust Property.

Appears in 16 contracts

Samples: Receivables Purchase Agreement (Usaa Acceptance LLC Auto Owner Trust 2002-1), Receivables Purchase Agreement (Usaa Acceptance LLC), Receivables Purchase Agreement (Usaa Auto Owner Trust 2004-3)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor's ability to transfer the Receivables to the Trust pursuant to this Agreement or the conduct validity or enforceability of its business requires such qualification;the Receivables.

Appears in 15 contracts

Samples: Sale and Servicing Agreement (BMW Fs Securities LLC), Sale and Servicing Agreement (BMW Vehicle Owner Trust 2010-A), Sale and Servicing Agreement (BMW Fs Securities LLC)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of 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 Depositor to perform its obligations under this Agreement.

Appears in 15 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2019-C Owner Trust), Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (Nissan Auto Receivables 2021-a Owner Trust)

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

Appears in 12 contracts

Samples: Form of Sale and Servicing Agreement (Mellon Auto Receivables Corp), Execution Copy (Oxford Resources Corp), Pooling and Servicing Agreement (National City Bank /)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or its property, the conduct of its business and the performance of its obligations under this Agreement and the Basic Documents requires such qualification;.

Appears in 11 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2004-1), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (AmeriCredit Automobile Receivables Trust 2006-1)

Due Qualification. The Depositor is shall be duly qualified to do business as a foreign entity corporation in good standing, and has 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 requires shall require such qualification;qualifications.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Uacsc 1997-C Auto Trust), Pooling and Servicing Agreement (Uacsc 1997-a Auto Trust), Pooling and Servicing Agreement (Uacsc 1997-D Auto Trust)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity statutory trust, is in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or its property, the conduct of its business and the performance of its obligations under this Agreement and the Basic Documents requires such qualification;.

Appears in 10 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2021-3), Trust Agreement (Exeter Automobile Receivables Trust 2021-2), Trust Agreement (Efcar, LLC)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, standing and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease to obtain such licenses and approvals would, in the reasonable judgment of property the Depositor, materially and adversely affect the performance by the Depositor of its obligations under, or the conduct of its business requires such qualification;validity or enforceability of, this Agreement or the Receivables.

Appears in 10 contracts

Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (CarMax Auto Owner Trust 2016-1), Sale and Servicing Agreement (Carmax Auto Funding LLC)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity 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 qualification;.

Appears in 10 contracts

Samples: Purchase Agreement (Triad Financial Special Purpose LLC), Purchase Agreement (Triad Financial Special Purpose LLC), Purchase Agreement (Triad Financial Special Purpose LLC)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity 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 property or its property, the conduct of its business and the performance of its obligations under the Basic Documents requires such qualification;.

Appears in 10 contracts

Samples: Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity 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 property to obtain any such license or approval would render any Receivable unenforceable that would otherwise be enforceable by the Depositor or the conduct of its business requires such qualification;Issuing Entity.

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2007-A), Sale and Servicing Agreement (Caterpillar Financial Funding Corp), Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2006-A)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and 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 requires shall require such qualification;qualifications.

Appears in 8 contracts

Samples: Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp), Purchase Agreement (Caterpillar Financial Funding Corp), Sale and Servicing Agreement (Citigroup Vehicle Securities Inc)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor's ability to transfer the Receivables to the Trust pursuant to this Agreement or the conduct validity or enforceability of its business requires such qualification;the Receivables.

Appears in 7 contracts

Samples: Sale and Servicing Agreement (National City Auto Receivables Trust 2004-A), Sale and Servicing Agreement (SSB Vehicle Sec Huntington Auto Trust 2000-A), Sale and Servicing Agreement (SSB Vehicle Securities Inc BMW Vehicle Owner Trust 1999-A)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, standing and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor'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 qualification;the Receivables and the Other Conveyed Property or to perform the Depositor's obligations under the Basic Documents to which it is a party.

Appears in 7 contracts

Samples: Sale and Servicing (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Automobile Receivables Trust 2006-B)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and 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 requires such qualification;qualifications.

Appears in 6 contracts

Samples: Purchase Agreement (Caterpillar Financial Funding Corp), Purchase Agreement (Caterpillar Financial Funding Corp), Purchase Agreement (Caterpillar Financial Funding Corp)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor's ability to transfer the Receivables to the Issuer pursuant to this Agreement or the conduct validity or enforceability of its business requires such qualification;the Receivables.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb1), Sale and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb2), Sale and Servicing Agreement (Fifth Third Auto Trust 2004-A)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity 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 qualification;qualifications.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Nal Financial Group Inc), Sale and Servicing Agreement (Nal Financial Group Inc), Sale and Servicing Agreement (Nal Financial Group Inc)

Due Qualification. The Depositor is in good standing as a foreign limited liability company and is duly qualified to do business as a foreign entity in good standingbusiness, and has obtained all necessary licenses and approvals (whether directly or indirectly through the applicable Seller or Subservicer in all jurisdictions the applicable jurisdiction), in each jurisdiction in which the ownership failure to so qualify or lease of property or the conduct of its business requires to obtain such qualification;licenses and approvals would have an Adverse Effect.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (OneMain Financial Holdings, Inc.), Sale and Servicing Agreement (OneMain Financial Holdings, Inc.), Sale and Servicing Agreement (OneMain Financial Holdings, Inc.)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation, is in good standing, and has obtained or has filed all forms, in the appropriate form, that are required to obtain all necessary licenses and approvals approvals, in all jurisdictions in which the ownership or lease of property or its property, the conduct of its business and the performance of its obligations under this Agreement and the Basic Documents requires such qualification;.

Appears in 4 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2015-4), Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.)

Due Qualification. The Depositor is shall be duly qualified to do business as a foreign entity corporation in good standing, and has 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 requires shall require such qualification;qualifications, except where the failure to so qualify would not materially and adversely affect the performance by the Depositor of its obligations under, or the validity or enforceability of this Agreement or the Certificates.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bay View Securitization Corp), Pooling and Servicing Agreement (Bay View Securitization Corp), Pooling and Servicing Agreement (Bay View Securitization Corp)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor's ability to acquire the Receivables or the conduct validity or enforceability of its business requires such qualification;the Receivables.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2), Receivables Purchase Agreement (Regions Auto Receivables Trust 2002-1), Receivables Purchase Agreement (Regions Acceptance LLC)

Due Qualification. The Depositor is shall be duly qualified to do business as a foreign entity 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 property or the conduct of its business requires shall require such qualification;qualifications.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1), Pooling and Servicing Agreement (Cit Group Inc), Nationscredit Grantor Trust 1997-2

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

Appears in 4 contracts

Samples: Sale and Servicing (Ace Securities Corp), Sale and Servicing (Ace Securities Corp), Sale and Servicing Agreement (Barnett Auto Receivables Corp)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would adversely affect the Depositor’s ability to transfer the Conveyed Assets being conveyed by it to the Trust pursuant to this Agreement or the conduct validity or enforceability of its business requires such qualification;the Loans.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Huntington Auto Trust 2012-2), Sale and Servicing Agreement (Huntington Auto Trust 2012-1), Sale and Servicing Agreement (Huntington Funding, LLC)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, standing and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor’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 qualification;the Receivables and the Other Conveyed Property or to perform the Depositor’s obligations under the Basic Documents to which it is a party.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity 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 qualification;.

Appears in 3 contracts

Samples: Purchase Agreement (Bond Securitization LLC), Purchase Agreement (Triad Auto Receivables Trust 2003-A), Purchase Agreement (Triad Automobile Receivables Trust 2003-B)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor’s ability to acquire the Receivables or the conduct other Trust Property or the validity or enforceability of its business requires such qualification;the Receivables or the other Trust Property.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (USAA Auto Owner Trust 2007-2), Receivables Purchase Agreement (USAA Auto Owner Trust 2008-1), Receivables Purchase Agreement (USAA Auto Owner Trust 2007-1)

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Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, standing and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease to obtain such licenses and approvals would, in the reasonable judgment of property the Depositor, materially and adversely affect the performance by the Depositor of its obligations under, or the conduct validity or enforceability of, this Agreement, the Indenture, the Trust Agreement, any of its business requires such qualification;the other Transaction Documents, the Contracts or the Notes.

Appears in 3 contracts

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

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which where the ownership or lease of property or failure to do so would materially and adversely affect the conduct performance of its business requires such qualification;obligations under this Agreement and the Related Documents.

Appears in 3 contracts

Samples: Transfer and Servicing Agreement (Antigua Funding Corp), Transfer and Servicing Agreement (Capita Equipment Receivables Trust 1996-1), Transfer and Servicing Agreement (Antigua Funding Corp)

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

Appears in 3 contracts

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

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals approvals, in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor's ability to transfer the Receivables to the Trust pursuant to this Agreement or the conduct validity or enforceability of its business requires such qualification;the Receivables.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Abs Funding Corp)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires shall require such qualification;qualifications, except where the failure to have any such license, approval or qualification could not reasonably be expected to have a material adverse effect with respect to the Depositor.

Appears in 2 contracts

Samples: Exchange Note Sale Agreement (ACAR Leasing Ltd.), Note Sale Agreement (ACAR Leasing Ltd.)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals in all 7 (Nissan 2011-B Amended & Restated Trust Agreement) jurisdictions in which the ownership or lease of 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 Depositor to perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity statutory trust in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires shall require such qualification;qualifications, except where the failure to have any such license, approval or qualification could not reasonably be expected to have a material adverse effect with respect to the Depositor.

Appears in 2 contracts

Samples: Note Sale Agreement (ACAR Leasing Ltd.), Note Sale Agreement (ACAR Leasing Ltd.)

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

Appears in 2 contracts

Samples: Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2016-3), Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2016-3)

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

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 Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires shall (Nissan 2011-A Amended & Restated Trust Agreement) require such qualification;qualifications, and where the failure to so qualify would have a material adverse effect on the ability of the Depositor to perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2011-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2011-a Owner Trust)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which where the ownership or lease of property failure to do so would materially and adversely affect the Depositor's ability to acquire the Receivables or the conduct other Receivables Property or the validity or enforceability of its business requires such qualification;the Receivables or the other Receivables Property.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Bear Stearns Asset Backed Funding Inc), Receivables Purchase Agreement (Bear Stearns Asset Backed Funding Ii Inc)

Due Qualification. (c) The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, standing and has obtained all necessary licenses and approvals in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease to obtain such licenses and approvals would, in the reasonable judgment of property the Depositor, materially and adversely affect the performance by the Depositor of its obligations under, or the conduct of its business requires such qualification;validity or enforceability of, the Depositor Basic Documents, the Receivables or the Securities.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Daimler Trucks Retail Receivables LLC), Sale and Servicing Agreement (Daimler Trucks Retail Receivables LLC)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity 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: Pooling and Servicing Agreement (Painewebber Asset Acceptance Corp), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC)

Due Qualification. The Depositor is duly qualified to do ----------------- business and, where necessary, is in good standing as a foreign entity in good standing, 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 property or the conduct of its business requires such qualification;each jurisdiction

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)

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

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc)

Due Qualification. The Depositor is duly qualified to do business and, where necessary, is in good standing as a foreign entity in good standing, 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 property or the conduct of its business requires such qualification;qualification except where the failure to so qualify or be in good standing or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)

Due Qualification. The Depositor is duly qualified to do ----------------- business as a foreign entity corporation in good standing, and 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 requires shall require such qualification;qualifications.

Appears in 1 contract

Samples: Form of Sale and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc)

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

Appears in 1 contract

Samples: Sale and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb2)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of 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 Depositor to perform its obligations under this Agreement. (Nissan 2009-1 Amended & Restated Trust Agreement)

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables 2009-1 Owner Trust)

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

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)

Due Qualification. The Depositor is duly qualified to do business and, where necessary, is in good standing as a foreign entity in good standing, 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 property or the conduct of its business requires such qualification;qualifications, 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 under this Agreement.

Appears in 1 contract

Samples: Trust Sale and Servicing Agreement (Wholesale Auto Receivables Corp)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity business trust in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires shall require such qualification;qualifications, except where the failure to have any such license, approval, or qualification would not have a Material Adverse Effect on the Depositor.

Appears in 1 contract

Samples: Certificate Transfer Agreement (Nissan Auto Leasing LLC Ii)

Due Qualification. The Depositor is duly qualified to do business as a ----------------- foreign entity corporation in good standing, and 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 requires shall require such qualification;qualifications.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp)

Due Qualification. The Depositor is duly qualified to do business and, where necessary, is in good standing as a foreign entity in good standing, 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 property or the conduct of its business requires such qualificationqualification except where the failure to so qualify or be in good standing or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity corporation in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires shall (Nissan 2008-B Second Amended & Restated Trust Agreement) require such qualification;qualifications, and where the failure to so qualify would have a material adverse effect on the ability of the Depositor to perform its obligations under this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables 2008-B Owner Trust)

Due Qualification. The Depositor is duly qualified to do business as a foreign entity limited liability company in good standing, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business requires shall require such qualification;qualifications, licenses and approvals, except where the failure to have such qualifications, licenses and approvals would not have a material adverse effect on the Depositor.

Appears in 1 contract

Samples: Trust Agreement (Bank One Auto Securitization LLC)

Due Qualification. The Depositor is shall be duly qualified to do business as a foreign entity corporation in good standing, and has 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 requires shall require such qualification;qualifications, except when the failure to so qualify would not materially and adversely affect the performance by the Depositor of its obligations under, or the validity or enforceability of, this Agreement or the Certificates.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bay View Deposit CORP)

Due Qualification. The Depositor is duly qualified to do ----------------- business and, where necessary, is in good standing as a foreign entity in good standing, 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 property or the conduct of its business requires such qualificationqualification except where the failure to so qualify or be in good standing or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)

Due Qualification. The Depositor is duly qualified to do business and is in good standing as a foreign entity in good standing, 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 property or the conduct of its business requires such qualification;qualification except where the failure to so qualify or be in good standing or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations hereunder. (iii)

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gottschalks Inc)

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