Common use of Due Qualification Clause in Contracts

Due Qualification. The Servicer is duly qualified to do business 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 (including the servicing of the Trust Student Loans as required by this Agreement) shall require such qualifications.

Appears in 142 contracts

Samples: Servicing Agreement (SLM Student Loan Trust 2006-3), Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLM Private Credit Student Loan Trust 2005-A)

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Due Qualification. The Servicer is duly qualified to do business as a corporation and is in good standing as a corporation, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property and or the conduct of its business (including the servicing of the Trust Student Loans as required by this Agreement) shall require requires such qualificationsqualification, licenses or approvals.

Appears in 65 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Security Agreement (Credit Acceptance Corp)

Due Qualification. The Servicer is duly qualified to do business in good 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 Servicer, materially and adversely affect the performance by the Servicer of its obligations under, or the conduct of its business (including validity or enforceability of, the servicing of Servicer Basic Documents, the Trust Student Loans as required by this Agreement) shall require such qualificationsReceivables or the Securities.

Appears in 35 contracts

Samples: Sale and Servicing Agreement (Daimler Retail Receivables LLC), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2024-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2020-1)

Due Qualification. The Servicer is duly qualified to do business as a limited liability company and is in good standing as a limited liability company, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property and or the conduct of its business (including the servicing of the Trust Student Loans as required by this Agreement) shall require requires such qualificationsqualification, licenses or approvals.

Appears in 30 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Due Qualification. The Servicer is duly qualified to do business and 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 the conduct of its business (including the servicing of the Trust Student Loans Recovery Property as required by this Agreement) shall require such qualifications, licenses or approvals (except where the failure to so qualify would not be reasonably likely to have a material adverse effect on the Servicer’s business, operations, assets, revenues or properties or to its servicing of the Recovery Property).

Appears in 18 contracts

Samples: Recovery Property Servicing Agreement (PG&E Wildfire Recovery Funding LLC), Recovery Property Servicing Agreement (SCE Recovery Funding LLC), Recovery Property Servicing Agreement (SCE Recovery Funding LLC)

Due Qualification. The Servicer is duly qualified to do business 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 (including the servicing of the Trust Student Loans Receivables as required by this Agreement) requires or shall require such qualifications.qualification;

Appears in 9 contracts

Samples: Receivables Funding Agreement (Americredit Corp), Receivables Funding Agreement (Americredit Corp), Sale and Servicing (Americredit Corp)

Due Qualification. The Servicer is duly qualified to do business 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 (including the servicing of the Trust Student Loans Receivables as required by this Agreement) shall require such qualifications, and was duly qualified and had all licenses in all relevant jurisdictions required for the origination of the Receivables.

Appears in 8 contracts

Samples: Sale and Servicing (TMS Auto Holdings Inc), Sale and Servicing (Money Store Auto Trust 1996-2), Sale and Servicing Agreement (Ml Asset Backed Corp)

Due Qualification. The Servicer is duly qualified to do business business, is 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 (including the servicing of the Trust Student Loans Series Property as required by under this Servicing Agreement) shall require requires such qualifications, licenses or approvals (except where a failure to qualify would not be reasonably likely to have a material adverse effect on the Servicer’s business, operations, assets, revenues or properties or to its servicing of the Series Property).

Appears in 7 contracts

Samples: Property Servicing Agreement (Duke Energy Florida, Llc.), Property Servicing Agreement (Duke Energy Florida, Llc.), Property Servicing Agreement (Duke Energy Florida, Llc.)

Due Qualification. The Servicer is duly qualified to do business 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 (including the servicing of the Trust Student Loans as required by this Agreement) shall require such qualifications.

Appears in 7 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Due Qualification. The Servicer is duly qualified to do business as a corporation and is in good standing as a corporation, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or and/or the conduct of its business (including the servicing of the Trust Student Loans as required by this Agreement) shall require requires such qualificationsqualification, licenses or approvals.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Ares Capital Corp)

Due Qualification. The Servicer is duly qualified to do business ----------------- 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 (including the servicing of the Trust Student Loans as required by this Agreement) shall require such qualifications.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Due Qualification. The Servicer is duly qualified to do business as an entity 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 (including the servicing of the Trust Student Loans Series 20 -SN Lease Assets as required by this Agreement) shall require requires such qualifications.qualification;

Appears in 2 contracts

Samples: Servicing Agreement (Central Originating Lease Trust), Servicing Agreement (Central Originating Lease Trust)

Due Qualification. The Servicer is duly qualified to do business and is in good standing (or is exempt from such requirement) in any 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 property or the conduct of its business (including the servicing of the Trust Student Loans as Servicer required by this Agreement) shall require such qualificationsunder applicable law.

Appears in 2 contracts

Samples: Certificate Purchase Agreement (Charming Shoppes Inc), Certificate Purchase Agreement (Charming Shoppes Inc)

Due Qualification. The Servicer is duly qualified to do business 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 (including the servicing of the Trust Student Loans as required by this Agreement) shall require such qualifications.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Due Qualification. The Servicer is duly qualified to do business as a corporation, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property or and the conduct of its business (including the servicing of the Trust Student Loans as required by this Agreement) shall require requires such qualificationsqualification, licenses or approvals.

Appears in 2 contracts

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

Due Qualification. The Servicer is duly qualified to do business 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 (including the servicing of the Trust Financed Student Loans as required by this Agreement) shall require such qualifications.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Key Bank Usa National Association), Sale and Servicing Agreement (Key Bank Usa National Association)

Due Qualification. The Servicer is duly qualified to do business and 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 (including the servicing of the Trust Student Loans Receivables as required by this Agreement) shall require such qualifications.

Appears in 2 contracts

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

Due Qualification. The Servicer is duly qualified to do business and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease leasing of property or the conduct of its business (including the servicing of the Trust Student Loans Receivables as required by this Agreement) shall require such qualifications.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bank One Texas National Association), Pooling and Servicing Agreement (Bank One Texas National Association)

Due Qualification. The Servicer is duly qualified to do business 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 (including the servicing of the Trust Student Loans Receivables as required by this Agreement) shall require such qualifications.

Appears in 2 contracts

Samples: Execution Copy (Oxford Resources Corp), Sale and Servicing Agreement (Oxford Resources Corp)

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Due Qualification. The Servicer is duly qualified to do business ----------------- 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 (including the servicing of the Trust Student Loans Receivables as required by this Agreement) shall require such qualifications, and was duly qualified and had all licenses in all relevant jurisdictions required for the origination of the Receivables.

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 Servicer is duly qualified to do business as a statutory trust and is in good standing as a statutory trust, and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or lease of its property and or the conduct of its business (including the servicing of the Trust Student Loans requires such qualification, licenses or approvals, except as required by this Agreement) shall require such qualificationswould not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Apollo Debt Solutions BDC), Assignment and Acceptance (HPS Corporate Lending Fund)

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

Appears in 1 contract

Samples: Credit Agreement (Santander Holdings USA, Inc.)

Due Qualification. The Servicer is duly qualified to do business ----------------- 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 (including the servicing of the Trust Student Loans Receivables as required by this Agreement) requires or shall require such qualifications.qualification;

Appears in 1 contract

Samples: Sale and Servicing (Americredit Corp)

Due Qualification. The Servicer is duly qualified to do business and 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 (including the servicing of the Trust Student Loans as required by this AgreementReceivables) requires or shall require such qualificationsqualification.

Appears in 1 contract

Samples: Servicing Agreement (Banc of America Securities Auto Trust 2005-Wf1)

Due Qualification. The Servicer is duly qualified to do business ----------------- 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 (including the servicing of the Trust Student Home Equity Loans as required by this Agreement) shall require such qualifications.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Due Qualification. The Servicer is duly qualified to do business 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 (including of servicing the servicing of the Trust Student Loans Receivables as required by this Agreement) shall Agreement requires or will require such qualifications.qualification or is exempt from such qualification;

Appears in 1 contract

Samples: Sale and Servicing (Bond Securitization LLC)

Due Qualification. The Servicer is duly qualified to do business 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 (including the servicing of the Trust Student Mortgage Loans as required by this Agreement) shall require such qualifications.

Appears in 1 contract

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

Due Qualification. The Servicer is duly qualified to do business 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 (including the ownership or servicing of the Trust Student Loans Receivables as required by this the Agreement) shall require such qualifications, and was duly qualified and had all licenses in all relevant jurisdictions required for the origination of the Receivables.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (FCC Receivables Corp)

Due Qualification. The Servicer is duly qualified to do business and has obtained all necessary licenses and approvals in all jurisdictions in which the ownership or and lease of property or the conduct of its business (including the servicing of the Trust Student Loans as required by this Agreement) shall require such qualifications.

Appears in 1 contract

Samples: Servicing Agreement (Emt Corp)

Due Qualification. The Servicer is shall be duly qualified to do business and has 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 (including the servicing of the Trust Student Loans Receivables as required by this Agreement) shall require such qualifications.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Wells Fargo Auto Receivables Corp)

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