Common use of No Violation Clause in Contracts

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;

Appears in 155 contracts

Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2014-4), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2022-3), Sale and Servicing (General Motors Financial Company, Inc.)

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No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAgreement, and the fulfillment by the Servicer of the terms of this Agreement and the Servicer’s Basic Documentshereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws (or similar organizational documents) of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, the Pooling Agreement and the Further Transfer Agreements, or violate any lawlaw or, to the best of the Servicer’s knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and

Appears in 80 contracts

Samples: Servicing Agreement (Ally Auto Receivables Trust 2012-4), Servicing Agreement (Ally Auto Receivables Trust 2012-5), Servicing Agreement (Ally Auto Receivables Trust 2015-2)

No Violation. The execution, delivery and performance by the Transferor of this Agreement and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, nor constitute (with or without notice or lapse of time) a default under, the limited partnership agreement of the Transferor, or conflict with or breach any of the material terms or provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer Transferor is a party or by which it is bound, may be bound or any of its properties are subject; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such material indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement, or ); nor violate any lawlaw or, to the knowledge of the Transferor, any order, rule or regulation applicable to the Servicer it or its properties of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Transferor or any of its properties;.

Appears in 50 contracts

Samples: Certificate Transfer Agreement (BMW Auto Leasing LLC), Certificate Transfer Agreement (BMW Vehicle Lease Trust 2023-2), Certificate Transfer Agreement (BMW Vehicle Lease Trust 2009-1)

No Violation. The execution, delivery and performance by the Transferor of this Agreement and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, nor constitute (with or without notice or lapse of time) a default under, the limited liability company agreement of the Transferor, or conflict with or breach any of the material terms or provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer Transferor is a party or by which it is bound, may be bound or any of its properties are subject; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such material indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement, or ); nor violate any lawlaw or, to the knowledge of the Transferor, any order, rule or regulation applicable to the Servicer it or its properties of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Transferor or any of its properties;.

Appears in 44 contracts

Samples: Transfer Agreement (BMW Vehicle Lease Trust 2024-1), Transfer Agreement (BMW Vehicle Lease Trust 2023-1), Certificate Transfer Agreement (BMW Vehicle Lease Trust 2010-1)

No Violation. The execution, delivery and performance of this Agreement by the Transferee and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, nor constitute (with or without notice or lapse of time) a default under, the limited liability company agreement of the Transferee, or conflict with or breach any of the material terms or provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer Transferee is a party or by which it is bound, may be bound or any of its properties are subject; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such material indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement, or ); nor violate any lawlaw or, to the knowledge of the Transferee, any order, rule or regulation applicable to the Servicer it or its properties of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Transferee or any of its properties;.

Appears in 44 contracts

Samples: Certificate Transfer Agreement (BMW Vehicle Lease Trust 2021-1), Certificate Transfer Agreement (BMW Vehicle Lease Trust 2010-1), Subi Certificate Transfer Agreement (BMW Vehicle Lease Trust 2013-1)

No Violation. The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the ServicerPurchaser, or conflict with or breach any of the material terms or provisions of, or constitute (with or without notice or lapse of time) a default under, any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer Purchaser is a party or by which it is bound, may be bound or any of its properties are subject; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement, or ); nor violate any lawlaw or, to the knowledge of the Purchaser, any order, rule or regulation applicable to the Servicer it or its properties of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Purchaser or any of its properties;.

Appears in 32 contracts

Samples: Receivables Purchase Agreement (Honda Auto Receivables 2005-3 Owner Trust), Receivables Purchase Agreement (Honda Auto Receivables 2010-1 Owner Trust), Receivables Purchase Agreement (Honda Auto Receivables 2004-3 Owner Trust)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s other Basic Documents, Documents and the fulfillment of the terms of this Agreement and the Servicer’s other Basic Documents, Documents shall not conflict with, result in any breach of any of the terms and or provisions of, of or constitute (with or without notice or lapse of time, or both) a default under, the articles limited liability company agreement or certificate of incorporation or bylaws formation of the ServicerDepositor, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Depositor is a party or by which it is bound, ; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, Agreement and the other Basic Documents; or violate any law, order, rule or regulation applicable to the Servicer Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;Depositor.

Appears in 25 contracts

Samples: Sale and Servicing Agreement (BMW Fs Securities LLC), Sale and Servicing Agreement (BMW Vehicle Owner Trust 2016-A), Sale and Servicing Agreement (BMW Fs Securities LLC)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsDocuments to which the Servicer is a party, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;

Appears in 24 contracts

Samples: Sale and Servicing (AmeriCredit Automobile Receivables Trust 2019-3), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2020-1), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2019-1)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;

Appears in 20 contracts

Samples: Sale and Servicing (Americredit Corp), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-B-X), Sale and Servicing Agreement (Americredit Financial Services Inc)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic 's Related Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic 's Related Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;

Appears in 15 contracts

Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Servicing Agreement (Olympic Financial LTD)

No Violation. The consummation by the Administrator of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAgreement, and the fulfillment by the Administrator of the terms of this Agreement and the Servicer’s Basic Documentshereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, under the articles of incorporation incorporation, bylaws or bylaws similar organizational document of the ServicerAdministrator, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Administrator is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any lawlaw or, to the best of the Administrator’s knowledge, any order, rule or regulation applicable to the Servicer Administrator of any court or of any federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Administrator or any of its properties;; and

Appears in 12 contracts

Samples: Administration Agreement (Ally Auto Assets LLC), Administration Agreement (Ally Auto Receivables Trust 2013-Sn1), Administration Agreement (Ally Auto Receivables Trust 2013-Sn1)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, Related Documents and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Related Documents shall not (A) conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or notice, lapse of timetime or both) a default under, the articles of incorporation or bylaws by-laws of the ServicerSeller, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Seller is a party or by which it is bound, or (B) result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or (C) violate any law, order, rule or regulation applicable to the Servicer Seller of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Seller or any of its properties;, except in the case of (A), (B) or (C) where any such default, Lien or violation shall not materially and adversely affect the interest of the Noteholders or the Trust in the Series Trust Estate.

Appears in 8 contracts

Samples: Sale and Servicing Agreement (HSBC Automotive Trust (USA) 2007-1), Master Sale and Servicing Agreement (HSBC Automotive Trust 2005-2), Master Sale and Servicing Agreement (HSBC Automotive Trust 2005-1)

No Violation. The consummation of the transactions contemplated ------------ by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)

No Violation. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic 's Related Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documentshereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time, or both) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement or any Related Document, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;

Appears in 8 contracts

Samples: Contribution and Servicing Agreement (Green Tree Lease Finance 1998-1 LLC), Transfer and Servicing Agreement (Antigua Funding Corp), Contribution and Servicing Agreement (Green Tree Lease Finance Ii Inc)

No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsFurther Transfer and Servicing Agreements, and the fulfillment by the Servicer of the terms of this Agreement hereof and the Servicer’s Basic Documentsthereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation formation or bylaws limited liability company agreement of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the Further Transfer and Servicing Agreements, or violate any lawlaw or, to the best of the Servicer’s knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2007-2), Pooling and Servicing Agreement (Capital Auto Receivables LLC), Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2007-1)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall Transaction Documents to which it is a party will not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles of incorporation charter documents or bylaws by-laws of the ServicerIssuer, or any material term of any indenture, agreement, mortgage, deed of trust trust, or other instrument to which the Servicer Issuer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust trust, or other instrument, other than this Agreementpursuant to the Indenture, or violate any law, law or any order, rule rule, or regulation applicable to the Servicer Issuer of any court or of any federal or state regulatory body, administrative agency agency, or other governmental instrumentality Governmental Authority having jurisdiction over the Servicer Issuer or any of its properties;

Appears in 6 contracts

Samples: Contribution and Sale Agreement (TAL International Group, Inc.), Contribution and Sale Agreement (TAL International Group, Inc.), Contribution and Sale Agreement (TAL International Group, Inc.)

No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsFurther Transfer and Servicing Agreements, and the fulfillment by the Servicer of the terms of this Agreement hereof and the Servicer’s Basic Documentsthereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the Further Transfer and Servicing Agreements, or violate any lawlaw or, to the best of the Servicer's knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Capital Auto Receivables Inc), Pooling and Servicing Agreement (Central Originating Lease Trust), Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2004-2)

No Violation. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, Related Documents and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Related Documents shall not conflict with, result in any breach of any of the terms and provisions of, of or constitute (with or without notice or lapse of time, or both) a default under, the articles certificate of incorporation or bylaws of the ServicerVendor Services, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Vendor Services is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, the Contribution and Servicing Agreement and the Indenture, or violate any law, order, rule or regulation applicable to the Servicer Vendor Services of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Vendor Services or any of its properties;.

Appears in 5 contracts

Samples: Transfer Agreement (Green Tree Lease Finance 1997-1 LLC), Transfer Agreement (Conseco Finance Lease 2000-1 LLC), Transfer Agreement (Green Tree Lease Finance 1998-1 LLC)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, Documents to which it is a party and the fulfillment of the their respective terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust trust, or other instrument to which the Servicer is a party or by which it is bound, ; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust trust, or other instrument, instrument other than this AgreementAgreement and the Basic Documents, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;

Appears in 5 contracts

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp), Sale and Servicing Agreement (First Merchants Acceptance Corp), Sale and Servicing Agreement (First Merchants Acceptance Corp)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic 's Related Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic 's Related Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties. Notwithstanding the foregoing, it is understood that no representation or warranty is expressed herein with respect to the legality of the use of the word "Olympic" by the Servicer;

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Financial LTD), Sale and Servicing Agreement (Olympic Financial LTD)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer is a party or by which it is shall be bound, or ; nor result in the creation or imposition of any Lien (other than the lien of the Mortgage on the Servicer's interest in this Agreement) upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust agreement or other instrument, other than this Agreement, or ; nor violate any law, law or any order, rule or regulation applicable to the Servicer of any court or of any federal Federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.

Appears in 4 contracts

Samples: Master Servicing Agreement (Peco Energy Transition Trust), Master Servicing Agreement (Peco Energy Transition Trust), Master Servicing Agreement (Peco Energy Transition Trust)

No Violation. The execution, delivery and performance by the Transferor of this Agreement and the other Basic Documents to which the Transferor is a party and the consummation of the transactions contemplated by this Agreement hereby and the Servicer’s Basic Documents, thereby and the fulfillment of the terms of this Agreement hereof and the Servicer’s Basic Documents, shall thereof do not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws by-laws of the ServicerTransferor, or any material indenture, agreement, mortgage, deed of trust trust, or other instrument to which the Servicer Transferor is a party or by which it is bound, bound or any of its properties are subject; nor result in the creation or imposition of any Lien material lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust trust, or other instrument, instrument (other than this Agreement, or the Basic Documents); nor violate any law, order, rule rule, or regulation applicable to the Servicer Transferor of any court or of any federal Federal or state State regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer Transferor or any of its properties;.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.), Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Corp)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, other Transaction Documents to which it is a party and the fulfillment of the terms of this Agreement hereof and the Servicer’s Basic Documents, shall thereof do not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles Servicer’s certificate of incorporation or bylaws of the Servicerincoproation, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer is a party or by which it is may be bound, or ; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement); nor, or to the best of the Servicer’s knowledge, violate any law, law applicable to the Servicer or any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Drive Auto Receivables LLC)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Related Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Related Documents, shall will not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or notice, lapse of timetime or both) a default under, the articles limited liability company agreement of incorporation or bylaws of the ServicerDepositor, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Depositor is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, the Sale and Servicing Agreement and the Indenture, or violate any law, order, rule or regulation applicable to the Servicer Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Depositor or any of its properties;.

Appears in 3 contracts

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

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, Related Documents and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Related Documents shall not (A) conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or notice, lapse of timetime or both) a default under, the articles of incorporation or bylaws by-laws of the ServicerSeller, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Seller is a party or by which it is bound, or (B) result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or (C) violate any law, order, rule or regulation applicable to the Servicer Seller of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Seller or any of its properties;, except in the case of (A), (B) or (C) where any such default, Lien or violation shall not materially and adversely affect the interest of the Noteholders, the Insurer or the Trust in the Series Trust Estate.

Appears in 3 contracts

Samples: Master Sale and Servicing Agreement (Household Automotive Trust 2003-2), Master Sale and Servicing Agreement (Household Auto Receivables Corp), Master Sale and Servicing Agreement (Household Auto Receivables Corp)

No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsFurther Transfer and Servicing Agreements, and the fulfillment by the Servicer of the terms of this Agreement hereof and the Servicer’s Basic Documentsthereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the Further Transfer and Servicing Agreements, or violate any lawlaw or, to the best of the Servicer's knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;

Appears in 3 contracts

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

No Violation. The consummation of the transactions contemplated by this Servicing Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, thereof shall not conflict with, result in any breach of any of the terms terms, and the provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation organization or bylaws by-laws of RAC, or to the best of the ServicerRAC's knowledge, or after reasonable investigation, any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer RAC is a party or by which it is shall be bound, or ; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, instrument (other than this Servicing Agreement, or ); nor violate any lawlaw or, to the best of the RAC's knowledge, any order, rule rule, or regulation applicable to the Servicer RAC of any court or of any federal or state regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer RAC or any of its properties;.

Appears in 3 contracts

Samples: Servicing Agreement (Ugly Duckling Corp), Servicing Agreement (Ugly Duckling Corp), Servicing Agreement (Cygnet Financial Corp)

No Violation. The consummation of the transactions ------------ contemplated by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties, or any way materially adversely affect the interest of the Insurer, the Noteholders or the Trust in any Receivable or affect the Servicer's ability to perform its obligations under this Agreement;

Appears in 3 contracts

Samples: Sale and Servicing Agreement (TFC Enterprises Inc), Sale and Servicing (TFC Enterprises Inc), Sale and Servicing (TFC Enterprises Inc)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s other Basic Documents, Documents to which it is a party and the fulfillment of the their respective terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles of incorporation or bylaws of the Master Servicer, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Master Servicer is a party or by which it is bound, ; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the other Basic Documents, or violate any law, order, rule or regulation applicable to the Master Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Master Servicer or any of its properties;.

Appears in 3 contracts

Samples: Form of Sale and Servicing Agreement (Regions Acceptance LLC), Sale and Servicing Agreement (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2), Sale and Servicing Agreement (Regions Auto Receivables Trust 2003-1)

No Violation. The consummation of the transactions contemplated by this Servicing Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, thereof shall not conflict with, result in any breach of any of the terms terms, and the provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation organization or bylaws by-laws of the Servicer or UDC, or to the best of the Servicer's or UDC's knowledge, or after reasonable investigation, any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer or UDC is a party or by which it is either of them shall be bound, or ; nor result in the creation or imposition of any Lien lien upon any of its their properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, instrument (other than this Servicing Agreement, or ); nor violate any lawlaw or, to the best of the Servicer's or UDC's knowledge, any order, rule rule, or regulation applicable to the Servicer or UDC of any court or of any federal or state regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer Servicer, UDC, or any of its their properties;.

Appears in 3 contracts

Samples: Servicing Agreement (Cygnet Financial Corp), Servicing Agreement (Ugly Duckling Corp), Servicing Agreement (Ugly Duckling Corp)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, other Agreement Documents and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall hereof will not (i) conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the its articles of incorporation or bylaws of the Servicerby-laws, or any indenture, loan agreement, receivables purchase agreement, mortgage, deed of trust trust, or other agreement or instrument to which the Servicer it is a party or by which it or any of its properties is bound, or (ii) result in the creation or imposition of any Lien Adverse Claim upon any of its properties pursuant to the terms of any such indenture, loan agreement, receivables purchase agreement, mortgage, deed of trust trust, or other agreement or instrument, other than the Receivables Purchase Agreement and this Agreement, or (iii) violate any law, law or order, rule rule, or regulation applicable to the Servicer it of any court or of any federal or state regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer Wackenhut or any of its properties;.

Appears in 3 contracts

Samples: Transfer and Administration Agreement (Wackenhut Corp), Transfer and Administration Agreement (Wackenhut Corp), Transfer and Administration Agreement (Wackenhut Corp)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAgreement, and the fulfillment of the terms of this Agreement and the Servicer’s Basic DocumentsAgreement, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, instrument or violate any lawlaw or, to the best of the Servicer's knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and

Appears in 3 contracts

Samples: Servicing Agreement (Central Originating Lease Trust), Sn1 Servicing Agreement (Capital Auto Receivables Asset Trust 2005-Sn1), Colt Servicing Agreement (Central Originating Lease Trust)

No Violation. The execution, delivery and performance by the Servicer of this Agreement and each other Basic Document to which the Servicer is a party, the consummation of the transactions contemplated by this Agreement hereby and the Servicer’s Basic Documents, thereby and the fulfillment of the their respective terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles of incorporation association or bylaws of the Servicer, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or party, by which it the Servicer is bound, bound or to which any of its properties are subject; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the other Basic Documents, or violate any law, order, rule or regulation applicable to the Servicer of any court or its properties of any federal or state State regulatory body, court, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Wachovia Auto Owner Trust 2004-B), Sale and Servicing Agreement (Wachovia Auto Owner Trust 2005-A)

No Violation. The execution, delivery and performance by the Servicer of this Agreement and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, hereby and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall hereof do not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust trust, or other instrument to which the Servicer is a party or by which it is bound, bound or any of its properties are subject; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust trust, or other instrument, instrument (other than this Agreement, or ); nor violate any law, order, rule rule, or regulation applicable to the Servicer of any court or of any federal Federal or state State regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.

Appears in 2 contracts

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

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No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any 61 breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;

Appears in 2 contracts

Samples: Sale and Servicing (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)

No Violation. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAgreement, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documentshereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time, or both) a default under, the articles certificate of incorporation or bylaws of the ServicerCustodian, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Custodian is a party or by which it is bound, or result in the creation or imposition of any Lien adverse claim upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer Custodian of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Custodian or any of its properties;

Appears in 2 contracts

Samples: Custodian Agreement (OneMain Financial Holdings, Inc.), Custodian Agreement (OneMain Financial Holdings, Inc.)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, Related Documents and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Related Documents shall not conflict with, result in any breach of any of the terms and provisions of, of or constitute (with or without notice or notice, lapse of timetime or both) a default under, the articles certificate of incorporation or bylaws of the ServicerSeller, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Seller is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the Sale and Servicing Agreement and the Indenture, or violate any law, order, rule or regulation applicable to the Servicer Seller of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Seller or any of its properties;.

Appears in 2 contracts

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

No Violation. The consummation of the transactions ------------ contemplated by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;

Appears in 2 contracts

Samples: Sale and Servicing Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s other Basic Documents, Documents to which it is a party and the fulfillment of the their respective terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles Certificate of incorporation Incorporation or bylaws Bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, ; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the other Basic Documents, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (SSB Vehicle Securities Inc SSB Auto Loan Trust 2002-1), Sale and Servicing Agreement (SSB Vehicle Securities Inc SSB Auto Loan Trust 2002-1)

No Violation. The execution, delivery and performance by the Purchaser of this Agreement and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, hereby and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall hereof do not conflict with, result in any a breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws charter documents of the ServicerPurchaser, or any indenture, agreement, mortgage, deed of trust trust, or other instrument to which the Servicer Purchaser is a party or by which it is bound, bound or to which any of its properties are subject; nor result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust trust, or other instrument, other than this Agreement, or ; nor violate any law, order, rule or regulation applicable to the Servicer Purchaser of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Purchaser or any of its properties;.

Appears in 2 contracts

Samples: Purchase Agreement (Bay View Transaction Corp), Purchase Agreement (Bay View Deposit CORP)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, Documents and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Documents shall not conflict with, result in any breach of any of the terms and provisions of, of or constitute (with or without notice or notice, lapse of timetime or both) a default under, under the articles certificate of incorporation or bylaws by-laws of the ServicerReceivables Seller, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Receivables Seller is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer Receivables Seller of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Receivables Seller or any of its properties;.

Appears in 2 contracts

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

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic 's Related Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic 's Related Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is or its properties are bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Enterprise Financial Group Inc)

No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsFurther Transfer and Servicing Agreements, and the fulfillment by the Servicer of the terms of this Agreement hereof and the Servicer’s Basic Documentsthereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the Further Transfer and Servicing Agreements, or violate any lawlaw or, to the best of the Servicer’s knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2006-1)

No Violation. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAgreement, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, or constitute 22031971.5 13 (with or without notice or lapse of time, or both) a default under, the articles certificate of incorporation or bylaws of the Backup Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Backup Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Backup Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Backup Servicer or any of its properties;.

Appears in 1 contract

Samples: Backup Servicing Agreement (Credit Acceptance Corp)

No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsFurther Transfer and Servicing Agreements, and the fulfillment by the Servicer of the terms of this Agreement hereof and the Servicer’s Basic Documentsthereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation formation or bylaws limited liability company agreement of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the Further Transfer and Servicing Agreements, or violate any lawlaw or, to the best of the Servicer’s knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital Auto Receivables LLC)

No Violation. The consummation of the transactions contemplated by this ------------ Servicing Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, thereof shall not conflict with, result in any breach of any of the terms terms, and the provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation organization or bylaws by-laws of the Servicer or UDC, or to the best of the Servicer's or UDC's knowledge, or after reasonable investigation, any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer or UDO is a party or by which it is either of them shall be bound, or ; nor result in the creation or imposition of any Lien lien upon any of its their properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, instrument (other than this Servicing Agreement, or ); nor violate any lawlaw or, to the best of the Servicer's or UDC's knowledge, any order, rule rule, or regulation applicable to the Servicer or UDC of any court or of any federal or state regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer Servicer, UDC, or any of its their properties;.

Appears in 1 contract

Samples: Servicing Agreement (Reliance Acceptance Group Inc)

No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic Documentsother Transaction Documents to which it is a party, and the fulfillment by the Servicer of the terms of this Agreement hereof and the Servicer’s Basic Documentsthereof, shall not conflict with, result in any material breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument Contractual Obligation to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, Contractual Obligation other than this AgreementAgreement and the other Transaction Documents to which it is a party, or violate in any lawmaterial respect any Applicable Law or, to the best of the Servicer’s knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality Governmental Authority having jurisdiction over the Servicer or any of its properties;.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Golub Capital BDC LLC)

No Violation. The execution and delivery of this Agreement and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall Related Documents to which the Manager is a party will not contravene or conflict withwith any of the terms and provisions of, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles certificate of incorporation or bylaws and by-laws of the ServicerManager, or any material term of any indenture, agreement, mortgage, deed of trust trust, or other instrument to which the Servicer Manager is a party or by which it or its property or assets is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust trust, or other instrument, other than this AgreementAgreement and the Indenture, or violate any law, law or any order, rule rule, or regulation applicable to the Servicer Manager of any court or of any federal or state regulatory body, administrative agency agency, or other governmental instrumentality Governmental Authority having jurisdiction over the Servicer Manager or any of its properties;.

Appears in 1 contract

Samples: Management Agreement (Universal Compression Inc)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties, or any way materially adversely affect the interest of the Insurer, the Noteholders or the Trust in any Receivable or affect the Servicer's ability to perform its obligations under this Agreement;

Appears in 1 contract

Samples: Sale and Servicing (TFC Enterprises Inc)

No Violation. The execution, delivery and performance by each Seller and the Parent Company of this Agreement, the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of of, any of the terms and provisions of, or constitute (with or without notice or notice, lapse of timetime or both) a default under, the articles of incorporation organization or bylaws operating agreement of each Seller and the ServicerParent Company, or any indenture, agreement, mortgage, deed of trust or other instrument to which each Seller or the Servicer Parent Company is a party or by which it is boundthey are bound or to which any of their properties are subject, or result in the creation or imposition of any Lien lien upon any of its their properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to each Seller and the Servicer Parent Company or their properties, of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over each Seller and the Servicer Parent Company or any of its properties;.

Appears in 1 contract

Samples: Purchase Agreement (Medical Imaging Corp.)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAgreement, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws by-laws of the ServicerBorrower, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Borrower is a party or by which it is bound, or result in the creation or imposition of any Lien other than Permitted Liens upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, instrument (other than this Agreement), or violate any lawlaw or, to the knowledge of Borrower, any order, rule or regulation applicable to the Servicer Borrower of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Borrower or any of its properties;.

Appears in 1 contract

Samples: Loan and Security Agreement (Navistar Financial Corp)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall do not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or conflict with or breach any of the material terms or provisions of, or constitute (with or without notice or lapse of time) a default under, any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer is a party or by which it is shall be bound, or ; nor result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement); nor violate, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; which breach, default, conflict, Lien or violation would have a material adverse effect on the Receivables or the Owner's interests therein.

Appears in 1 contract

Samples: Servicing Agreement (Creditrust Corp)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, Documents and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Documents shall not conflict with, result in any breach of any of the terms and provisions of, of or constitute (with or without notice or notice, lapse of timetime or both) a default under, under the articles [certificate of incorporation or bylaws by-laws]/[trust agreement] of the ServicerSeller, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Seller is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer Seller of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Seller or any of its properties;.

Appears in 1 contract

Samples: Sale and Servicing (AFS Funding Trust)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Transaction Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Transaction Documents shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is boundbound or any of its properties are subject, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties, or in any way materially adversely affect the interest of the Borrower or the Investors in any Pledged Receivable, or affect the Servicer's ability to perform its obligations under this Agreement;

Appears in 1 contract

Samples: Funding and Servicing Agreement (Arcadia Financial LTD)

No Violation. The execution, delivery and performance by the Servicer of this Agreement and each other Basic Document to which the Servicer is a party, the consummation of the transactions contemplated by this Agreement hereby and the Servicer’s Basic Documents, thereby and the fulfillment of the their respective terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles of incorporation association or bylaws of the Servicer, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or party, by which it the Servicer is bound, bound or to which any of its properties are subject; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the other Basic Documents, or violate any law, order, rule or regulation applicable to the Servicer of any court or its properties of any federal or state regulatory body, court, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAssignment, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Assignment shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws by-laws of the ServicerNFC, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer NFC is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its material properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, instrument (other than this Agreement, the Assignment or any Further Transfer and Servicing Agreement), or violate any lawlaw or, to NFC's knowledge, any order, writ, judgment, award, injunction, decree, rule or regulation applicable to the Servicer NFC of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer NFC or any of its properties;

Appears in 1 contract

Samples: Receivables Sale Agreement (Navistar Financial Corp)

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