Common use of Existence and Power Clause in Contracts

Existence and Power. The Depositor is a limited liability company validly existing and in good standing under the laws of the State of Delaware and has, in all material respects, all power and authority required to carry on its business as now conducted. The Depositor has obtained all necessary licenses and approvals in each jurisdiction where the failure to do so would materially and adversely affect the ability of the Depositor to perform its obligations under the Transaction Documents.

Appears in 42 contracts

Samples: Trust Agreement (Huntington Auto Trust 2015-1), Trust Agreement (USAA Auto Owner Trust 2009-1), Trust Agreement (USAA Auto Owner Trust 2008-3)

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Existence and Power. The Depositor is a limited liability company duly organized, validly existing and in good standing under the laws of the State its state of Delaware organization and has, in all material respects, has all power and authority required to carry on its business as it is now conducted. The Depositor has obtained all necessary licenses and approvals in each jurisdiction all jurisdictions where the failure to do so would materially and adversely affect the ability business, properties, financial condition or results of operations of the Depositor to perform its obligations under the Transaction Documentstaken as a whole.

Appears in 35 contracts

Samples: Exchange Note Transfer Agreement (World Omni LT), Exchange Note Transfer Agreement (World Omni Automobile Lease Securitization Trust 2020-A), Exchange Note Transfer Agreement (World Omni Automobile Lease Securitization Trust 2011-A)

Existence and Power. The Depositor is a limited liability company validly existing and in good standing under the laws of the State of Delaware and has, in all material respects, all power and authority required to carry on its business as it is now conducted. The Depositor has obtained all necessary licenses and approvals in each jurisdiction where the failure to do so would materially and adversely affect the ability of the Depositor to perform its obligations under the Transaction Documents.

Appears in 18 contracts

Samples: Trust Agreement (Capital One Prime Auto Receivables Trust 2023-1), Trust Agreement (Capital One Prime Auto Receivables Trust 2019-2), Trust Agreement

Existence and Power. The Depositor is a Delaware limited liability company validly existing and in good standing under the laws of the State of Delaware and has, in all material respects, all full power and authority required to carry on own its assets and operate its business as now conductedpresently owned or operated, and to execute, deliver and perform its obligations under the Transaction Documents to which it is a party. The Depositor has obtained all necessary licenses and approvals in each jurisdiction all jurisdictions where the failure to do so would materially and adversely affect the ability of the Depositor to perform its obligations under the Transaction DocumentsDocuments and the Underwriting Agreement.

Appears in 7 contracts

Samples: Trust Agreement (Bank of America Auto Trust 2012-1), Trust Agreement (SunTrust Auto Receivables, LLC), Trust Agreement (Bank of America Auto Receivables Securitization, LLC)

Existence and Power. The Depositor is a limited liability company validly existing and in good standing under the laws of the State of Delaware and has, in all material respects, all power and authority required to carry on its business as now conducted. The Depositor has obtained all necessary licenses and approvals in each jurisdiction where the failure to do so would materially and adversely affect the ability of the Depositor to perform its obligations under the Transaction DocumentsDocuments or affect the enforceability or collectibility of a material portion of the Receivables listed on the Schedule of Receivables or any other part of the Purchased Assets.

Appears in 6 contracts

Samples: Sale Agreement (Bank of America Auto Trust 2010-2), Sale Agreement (Bank of America Auto Receivables Securitization, LLC), Sale Agreement (Bank of America Auto Trust 2010-2)

Existence and Power. The Depositor is a limited liability company corporation duly formed, validly existing and in good standing under the laws of the State of Delaware and hashas all powers and all governmental licenses, in all material respectsauthorizations, all power consents and authority approvals required to carry on its business as now conducted. The Depositor has obtained all necessary licenses conducted and approvals in each jurisdiction where the failure to do so would materially and adversely affect the ability of the Depositor to perform its obligations under the Transaction Documentsas contemplated by this Agreement.

Appears in 2 contracts

Samples: Deposit and Sale Agreement (Fund America Investors Corp Ii), Purchase Agreement (Fund America Investors Corp Ii)

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Existence and Power. The Depositor is a limited liability company validly existing and in good standing under the laws of the State of Delaware and has, in all material respects, all power and authority required to carry on its business as now conducted. The Depositor has obtained all necessary licenses and approvals in each jurisdiction where the failure to do so would materially and adversely affect the ability of the Depositor to perform its obligations under the Transaction DocumentsDocuments or the enforceability or collectibility of the Receivables or any other part of the Purchased Assets.

Appears in 1 contract

Samples: Trust Agreement (Chase Auto Receivables LLC)

Existence and Power. The Depositor is a limited liability company validly existing and in good standing under the laws of the State of Delaware and has, in all material respects, all power and authority required to carry on its business as now conducted. The Depositor has obtained all necessary licenses and approvals in each jurisdiction where the failure to do so would materially and adversely affect the ability of the Depositor to perform its obligations under the Transaction DocumentsDocuments or the enforceability or collectibility of the Receivables or any other part of the Transferred Assets.

Appears in 1 contract

Samples: Sale Agreement (Chase Auto Receivables LLC)

Existence and Power. The Depositor is a limited liability company validly existing and in good standing under the laws of the State of Delaware and has, in all material respects, all power and authority required to carry on its business as now conducted. The Depositor has obtained all necessary licenses and approvals in each jurisdiction where the failure to do so would materially and adversely affect the ability of the Depositor to perform its obligations under the Transaction DocumentsDocuments and the Underwriting Agreement.

Appears in 1 contract

Samples: Trust Agreement (Porsche Auto Funding LLC)

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