Common use of Power and Authority Clause in Contracts

Power and Authority. The Depositor has the power and authority to execute and deliver the Basic Documents to which it is a party and to carry out their respective terms, and the execution, delivery and performance of the Basic Documents to which it is a party have been duly authorized by the Depositor by all necessary limited liability company action;

Appears in 81 contracts

Samples: Servicing Agreement (Ally Auto Receivables Trust 2024-1), Servicing Agreement (Ally Auto Receivables Trust 2024-1), Servicing Agreement (Ally Auto Receivables Trust 2023-1)

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Power and Authority. The Depositor has the power and authority to execute execute, deliver and deliver perform its obligations under this Agreement and the Basic other Transaction Documents to which it is a party party. The Depositor has the power and authority to carry out their respective termssell, assign, transfer and convey the property to be transferred to and deposited with the Trust and has duly authorized such transfer and deposit by all necessary limited liability company action, and the execution, delivery and performance of this Agreement and the Basic other Transaction Documents to which it the Depositor is a party have been duly authorized by the Depositor by all necessary limited liability company action;.

Appears in 44 contracts

Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-4), Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-3), Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-2)

Power and Authority. The Depositor has the limited liability company power and authority to execute and deliver this Agreement and the other Basic Documents to which it is a party and to carry out their respective terms; the Depositor has full power and authority to sell and assign the property to be sold and assigned to and deposited with the Issuer, and the Depositor shall have duly authorized such sale and assignment to the Issuer by all necessary action; and the execution, delivery and performance of this Agreement and the other Basic Documents to which it the Depositor is a party have been duly authorized by the Depositor by all necessary limited liability company action;.

Appears in 25 contracts

Samples: Sale and Servicing Agreement (BMW Vehicle Owner Trust 2022-A), Sale and Servicing Agreement (BMW Vehicle Owner Trust 2022-A), Sale and Servicing Agreement (BMW Fs Securities LLC)

Power and Authority. The Depositor has the power and authority to execute and deliver the Basic Documents to which it is a party and to carry out their respective terms, the Depositor has full power and authority to sell and assign the property to be sold and assigned to and deposited with the Issuing Entity as part of the Owner Trust Estate and has duly authorized such sale and assignment to the Issuing Entity by all necessary limited liability company action; and the execution, delivery and performance of the Basic Documents to which it is a party have been duly authorized by the Depositor by all necessary limited liability company action;

Appears in 20 contracts

Samples: Sale and Servicing Agreement, Trust Sale and Servicing Agreement (Capital Auto Receivables LLC), Trust Sale and Servicing Agreement (Ally Auto Receivables Trust 2010-5)

Power and Authority. The Depositor has the power and authority to execute and deliver the Basic Documents to which it is a party and to carry out their respective terms, ; the Depositor has full power and authority to sell and assign the Receivables and the Other Conveyed Property to be sold and assigned to and deposited with the Trust by it and has duly authorized such sale and assignment to the Trust by all necessary action; and the execution, delivery and performance of the Basic Documents to which it is a party have been duly authorized by the Depositor by all necessary limited liability company action;.

Appears in 10 contracts

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

Power and Authority. The Depositor has the power and authority to execute execute, deliver and deliver the perform its obligations under this Agreement and each other Basic Documents Document to which it is a party party. The Depositor has the power and authority to carry out their respective termssell, assign, transfer and convey the property to be transferred to and deposited with the Issuer and has duly authorized such sale, assignment, transfer and conveyance by all necessary limited liability company action; and the execution, delivery and performance of the this Agreement and each other Basic Documents Document to which it the Depositor is a party have has been duly authorized by the Depositor by all necessary limited liability company action;.

Appears in 9 contracts

Samples: Sale and Servicing Agreement (Wachovia Auto Owner Trust 2008-A), Sale and Servicing Agreement (Wachovia Auto Loan Owner Trust 2007-1), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)

Power and Authority. The Depositor has the all requisite power and authority and has all material governmental licenses, authorizations, consents and approvals necessary to own its assets and carry on its business as now being conducted and to execute and deliver the Basic Documents and perform its obligations under this Agreement and any other Transaction Document to which it is a party and, except to the extent not necessary in order to execute and to carry out their respective terms, deliver and the execution, delivery perform its obligations under this Agreement and performance of the Basic Documents any other Transaction Document to which it is a party have been duly authorized by the Depositor by all necessary limited liability company action;party, to own its assets and carry on its business as now being conducted.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (Nationstar Mortgage Holdings Inc.), Receivables Purchase Agreement (Nationstar Mortgage Holdings Inc.), Receivables Purchase Agreement (Nationstar Mortgage Holdings Inc.)

Power and Authority. The Depositor has the power and authority to execute and deliver this Agreement and the Basic other Transaction Documents to which it is a party and to carry out its terms and their respective terms, respectively; the Depositor has all power, authority and legal right to acquire, own and transfer the Receivables and Deposited Assets to the Issuer; and the execution, delivery and performance of this Agreement and the Basic other Transaction Documents to which it is a party have been duly authorized by the Depositor by all necessary limited liability company corporate action;.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Bay View Capital Corp), Sale and Servicing Agreement (Bay View Capital Corp)

Power and Authority. The Depositor has the power and authority to execute and deliver the Basic this Agreement and all other Program Documents to which it is a party and to carry out their respective its terms, ; and the execution, delivery and performance of the Basic this Agreement and all other Program Documents to which it is a party have been duly authorized by the Depositor by all necessary limited liability company action;.

Appears in 4 contracts

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

Power and Authority. The Depositor has the all requisite limited liability company power and authority (i) to own its properties and conduct its business as presently owned or conducted and (ii) to execute and deliver the Basic Transaction Documents to which it is a party and to carry out their respective terms, and the execution, delivery and performance of the Basic Documents to which it is a party have been duly authorized by the Depositor by all necessary limited liability company action;perform its obligations thereunder.

Appears in 3 contracts

Samples: Note Purchase Agreement (Conns Inc), Note Purchase Agreement (Conns Inc), Note Purchase Agreement (Conns Inc)

Power and Authority. The Depositor has the power and authority to execute execute, deliver and deliver the perform its obligations under this Agreement and other Basic Documents to which it is a party party. The Depositor has full power and authority to carry out their respective terms, sell and assign the property to be sold and assigned to and deposited with the Issuer and has duly authorized such sale and assignment by all necessary limited liability company action; and the execution, delivery and performance of this Agreement and the other Basic Documents to which it the Depositor is a party have has been duly authorized by the Depositor by all necessary limited liability company action;.

Appears in 2 contracts

Samples: Loan Sale Agreement (Wells Fargo Student Loans Receivables I LLC), Loan Sale Agreement (Wells Fargo Student Loans Receivables I LLC)

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Power and Authority. The Depositor has the power and authority to execute and deliver the CARAT Basic Documents to which it is a party and to carry out their respective terms, the Depositor has full power and authority to sell and assign the property to be sold and assigned to and deposited with the Issuing Entity as part of the Trust and has duly authorized such sale and assignment to the Issuing Entity by all necessary corporate action; and the execution, delivery and performance of the CARAT Basic Documents to which it is a party have been duly authorized by the Depositor by all necessary corporate or limited liability company action;

Appears in 2 contracts

Samples: Trust Sale and Administration Agreement (Central Originating Lease Trust), Trust Sale and Administration Agreement (Central Originating Lease Trust)

Power and Authority. The Depositor has the power and authority to execute execute, deliver and deliver perform its obligations under this Agreement and the other Basic Documents to which it is a party party. The Depositor has full power and authority to carry out their respective terms, sell and assign the property to be sold and assigned to and deposited with the Issuer and has duly authorized such sale and assignment by all necessary limited liability company action; and the execution, delivery and performance of this Agreement and the other Basic Documents to which it the Depositor is a party have has been duly authorized by the Depositor by all necessary limited liability company action;.

Appears in 1 contract

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

Power and Authority. The Depositor has the power and authority to execute ------------------- execute, deliver and deliver perform its obligations under this Agreement and the Basic other Transaction Documents to which it is a party party. The Depositor has the power and authority to carry out their respective termssell, assign, transfer and convey the property to be transferred to and deposited with the Trust and has duly authorized such transfer and deposit by all necessary limited liability company action, and the execution, delivery and performance of this Agreement and the Basic other Transaction Documents to which it the Depositor is a party have been duly authorized by the Depositor by all necessary limited liability company action;.

Appears in 1 contract

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

Power and Authority. The Depositor has the power and authority ------------------- to execute execute, deliver and deliver perform its obligations under this Agreement and the other Basic Documents to which it is a party party. The Depositor has full power and authority to carry out their respective terms, sell and assign the property to be sold and assigned to and deposited with the Issuer and has duly authorized such sale and assignment by all necessary limited liability company action; and the execution, delivery and performance of this Agreement and the other Basic Documents to which it the Depositor is a party have has been duly authorized by the Depositor by all necessary limited liability company action;.

Appears in 1 contract

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

Power and Authority. The Depositor has the all requisite power and authority and has all material governmental licenses, authorizations, consents and approvals necessary to own its assets and carry on its business as now being conducted and to execute and deliver the Basic Documents and perform its obligations under this Agreement and any other Transaction Document to which it is a party and, except to the extent not necessary in order to execute and to carry out their respective terms, deliver and the execution, delivery perform its obligations under this Agreement and performance of the Basic Documents any other Transaction Document to which it is a party have been duly authorized by the Depositor by all necessary limited liability company action;party, to own its asset and carry on its business as now being conducted.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Nationstar Mortgage Holdings Inc.)

Power and Authority. The Depositor has the corporate power and authority to execute execute, deliver and deliver perform this Agreement and the other Basic Documents to which it is a party and to carry out their respective its terms, ; and the execution, delivery and performance of this Agreement and the other Basic Documents to which it is a party have been duly authorized by the Depositor by all necessary limited liability company corporate action;.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fifth Third Auto Trust 2004-A)

Power and Authority. The Depositor has the power and authority ------------------- to execute, deliver and perform its obligations under this Agreement and the other Transaction Documents to which it is a party. The Depositor has the power and authority to execute sell, assign, transfer and deliver convey the Basic Documents property to which it is a party be transferred to and to carry out their respective termsdeposited with the Trust and has duly authorized such transfer and deposit by all necessary limited liability company action, and the execution, delivery and performance of this Agreement and the Basic other Transaction Documents to which it the Depositor is a party have been duly authorized by the Depositor by all necessary limited liability company action;.

Appears in 1 contract

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

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