Common use of Valid Sale; Binding Obligation Clause in Contracts

Valid Sale; Binding Obligation. This Agreement and the First Step Initial Receivables Assignment, when duly executed and delivered, shall constitute a valid sale, transfer and assignment of the Initial Receivables, and each First Step Additional Receivables Assignment, when duly executed and delivered, shall constitute a valid sale, transfer and assignment of the respective Additional Receivables, in each case, enforceable against creditors of and purchasers from the Seller; and this Agreement together with the related First Step Receivables Assignment, when duly executed and delivered, shall constitute a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, receivership, conservatorship, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 22 contracts

Samples: Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-1), Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2014-1), Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2014-3)

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Valid Sale; Binding Obligation. This Agreement and the First Step Initial [Initial] Receivables Assignment, when duly executed and delivered, shall constitute a valid sale, transfer and assignment of the [Initial Receivables, and each First Step Additional Receivables Assignment, when duly executed and delivered, shall constitute a valid sale, transfer and assignment of the respective Additional Additional] Receivables, in each case, enforceable against creditors of and purchasers from the Seller; and this Agreement together with the related [related] First Step Receivables Assignment, when duly executed and delivered, shall constitute a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, receivership, conservatorship, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 5 contracts

Samples: Pooling Agreement (Ally Auto Assets LLC), Pooling Agreement (Ally Auto Assets LLC), Pooling Agreement (Ally Auto Assets LLC)

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Valid Sale; Binding Obligation. This Agreement and the First Step Initial Receivables Assignment, when duly executed and delivered, shall constitute a valid sale, transfer and assignment of the [Initial Receivables, and each First Step Additional Receivables Assignment, when duly executed and delivered, shall constitute a valid sale, transfer and assignment of the respective Additional Additional] Receivables, in each case, enforceable against creditors of and purchasers from the Seller; and this Agreement together with the related [related] First Step Receivables Assignment, when duly executed and delivered, shall constitute a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, receivership, conservatorship, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law;

Appears in 4 contracts

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

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