Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any such Person’s material covenants or obligations under any instrument or agreement included in the Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as expressly provided in the Transaction Documents or such other instrument or agreement.
Appears in 59 contracts
Samples: Indenture (Harley-Davidson Motorcycle Trust 2023-B), Indenture (Harley-Davidson Motorcycle Trust 2023-B), Indenture (Harley-Davidson Motorcycle Trust 2023-A)
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any such Person’s 's material covenants or obligations under any instrument or agreement included in the Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as expressly provided in the Transaction Documents or such other instrument or agreement.
Appears in 39 contracts
Samples: Sale and Servicing Agreement and Trust Agreement (Harley Davidson Customer Funding Corp), Indenture (CIT Equipment Collateral 2005-Vt1), Indenture (CIT Equipment Collateral 2004-Ef1)
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as expressly provided in the Transaction Basic Documents or such other instrument or agreement.
Appears in 26 contracts
Samples: Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp), Indenture (Onyx Acceptance Financial Corp)
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Collateral Trust Property or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transaction Basic Documents or such other instrument or agreement.
Appears in 25 contracts
Samples: Indenture (Credit Acceptance Corp), Credit Acceptance Corp, Credit Acceptance Corp
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others others, including the Servicer, that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Collateral Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as expressly provided in the Transaction Basic Documents or such other instrument or agreement.
Appears in 16 contracts
Samples: Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial Auto Loans Inc), Indenture (WFS Financial Auto Loans Inc)
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Collateral Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as expressly provided in the Transaction Basic Documents or such other instrument or agreement.
Appears in 5 contracts
Samples: Indenture (WFS Financial 1997-D Owner Trust), WFS Financial 1997-C Owner Trust, WFS Financial 1997-B Owner Trust
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Collateral Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as expressly provided in this Indenture, the Transaction Documents Sale and Servicing Agreement or such other instrument or agreement.
Appears in 5 contracts
Samples: Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp), Indenture (Green Tree Financial Corp)
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Collateral Trust Property or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transaction Basic Documents or such other instrument or agreement.
Appears in 4 contracts
Samples: Credit Acceptance Corporation, Credit Acceptance Corporation, Credit Acceptance Corporation
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as expressly provided in this Indenture, the Transaction other Basic Documents or such other instrument or agreement.
Appears in 4 contracts
Samples: Indenture (Auto Nations Receivables Corp), Auto Nations Receivables Corp, Auto Nations Receivables Corp
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its reasonable best efforts not to permit any action to be taken by others that would release any Person from any such Person’s material covenants or obligations under any instrument or agreement included in the Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as expressly provided in the Transaction Documents or such other instrument or agreement.
Appears in 3 contracts
Samples: Indenture (Cit Funding Co, LLC), Indenture (CIT Equipment Collateral 2008-Vt1), Cit Equipment Collateral 2006-Vt2
Performance of Obligations; Servicing of Contracts. (a) The Issuer will shall not take any action and will shall use its best reasonable efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Collateral Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as otherwise expressly provided in this Indenture, the Transaction Documents Sale and Servicing Agreement or such other instrument or agreement.
Appears in 2 contracts
Samples: Indenture (Cit Group Securitization Corp Ii), Indenture (Cit Group Securitization Corp Ii)
Performance of Obligations; Servicing of Contracts. (a1) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Collateral Trust Property or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transaction Basic Documents or such other instrument or agreement.
Appears in 2 contracts
Samples: Indenture (Credit Acceptance Corp), Credit Acceptance Corp
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others others, including the Master Servicer, that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Collateral Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as expressly provided in the Transaction Basic Documents or such other instrument or agreement.
Appears in 2 contracts
Samples: Indenture (WFS Receivables Corp 2), WFS Receivables Corp 3
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any such Person’s 's material covenants or obligations under any instrument or agreement included in the Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as expressly provided in the Transaction Basic Documents or such other instrument or agreement.
Appears in 1 contract
Samples: Mitsui Vendor Leasing 1998-1 LLC
Performance of Obligations; Servicing of Contracts. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as expressly provided in the Transaction Basic Documents or such other instrument or agreement.
Appears in 1 contract
Samples: Onyx Acceptance Owner Trust 2005-A
Performance of Obligations; Servicing of Contracts. (a) a. The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Collateral Trust Property or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transaction Basic Documents or such other instrument or agreement.
Appears in 1 contract
Samples: Indenture (Credit Acceptance Corp)
Performance of Obligations; Servicing of Contracts. (a) The a)The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Collateral Trust Property or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transaction Basic Documents or such other instrument or agreement.
Appears in 1 contract
Samples: Credit Acceptance Corporation