Common use of Valid Sale; Binding Obligation Clause in Contracts

Valid Sale; Binding Obligation. Seller intends this Agreement to effect a valid sale, transfer, and assignment of the Receivables and the other properties and rights included in the Owner Trust Estate conveyed by Seller to Issuer hereunder, enforceable against creditors of and purchasers from Seller; and each of this Agreement and the Basic Documents to which it is a party constitutes a legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors generally and to equitable limitations on the availability of specific remedies.

Appears in 15 contracts

Samples: Sale and Servicing Agreement (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Sale and Servicing Agreement (Bas Securitization LLC), Sale and Servicing Agreement (Bas Securitization LLC)

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Valid Sale; Binding Obligation. Seller intends this Agreement to effect a valid sale, transfer, and assignment of the Receivables and the other properties and rights included in the Owner Trust Estate Property conveyed by Seller to Issuer the Trust hereunder, enforceable against creditors of and purchasers from Seller; and each of this Agreement and the Basic Documents Related Agreements to which it is a party constitutes a legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors generally and to equitable limitations on the availability of specific remedies.

Appears in 14 contracts

Samples: Pooling and Servicing Agreement (Citizens Auto Receivables, LLC), Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Fifth Third Holdings Funding, LLC)

Valid Sale; Binding Obligation. Seller intends this Agreement to effect a valid sale, transfer, and assignment of the Receivables and the other properties and rights included in the Owner Trust Estate Seller Assets conveyed by Seller to Issuer Purchaser hereunder, enforceable against creditors of and purchasers from Seller; and each of this Agreement and the Basic Documents to which it is a party constitutes a legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors generally and to equitable limitations on the availability of specific remedies.

Appears in 12 contracts

Samples: Sale Agreement (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Sale Agreement (Wells Fargo Financial Auto Owner Trust 2005-A), Purchase Agreement (Bas Securitization LLC)

Valid Sale; Binding Obligation. Seller intends this Agreement to effect a valid sale, transfer, and assignment of the Receivables and the other properties and rights included in the Owner Trust Estate conveyed by Seller to Issuer the Trust hereunder, enforceable against creditors of and purchasers from Seller; and each of this Agreement and the Basic Documents to which it is a party constitutes a legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors generally and to equitable limitations on the availability of specific remedies.

Appears in 2 contracts

Samples: Sale and Servicing (M&i Dealer Auto Securitization LLC), Sale and Servicing Agreement (M&i Dealer Auto Securitization LLC)

Valid Sale; Binding Obligation. Seller intends this Agreement to effect a valid sale, transfer, transfer and assignment of the Receivables and the other properties and rights included in the Owner Trust Estate Seller Assets conveyed by Seller to Issuer Purchaser hereunder, enforceable against creditors of and purchasers from Seller; and each of this Agreement and the Basic Documents to which it is a party constitutes a legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors generally and to equitable limitations on the availability of specific remedies.

Appears in 2 contracts

Samples: First Tier Receivables Purchase Agreement (Compass Auto Receivables Trust 1998-A), First Tier Receivables Purchase Agreement (Asset Backed Securities Corp)

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Valid Sale; Binding Obligation. Seller Depositor intends this Agreement to effect a valid sale, transfer, and assignment of the Receivables and the other properties and rights included in the Owner Trust Estate conveyed by Seller Depositor to Issuer Owner Trustee hereunder, enforceable against creditors of and purchasers from SellerDepositor; and each of this Agreement and the Basic Documents to which it is a party constitutes a legal, valid and binding obligation of SellerDepositor, enforceable against Seller Depositor in accordance with its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors generally and to equitable limitations on the availability of specific remedies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bond Securitization LLC)

Valid Sale; Binding Obligation. Seller intends this Agreement to effect a valid sale, transfer, and assignment of the Receivables and the other properties and rights included in the Owner Trust Estate conveyed by Seller to Issuer hereunder, enforceable against creditors of and purchasers from Seller; and each of this Agreement and each of the Basic Documents to which it is a party constitutes a legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors generally and to equitable limitations on the availability of specific remedies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Norwest Auto Receivables Corp)

Valid Sale; Binding Obligation. Seller intends this Agreement to effect a valid sale, transfer, and assignment of the Receivables and the other properties and rights included in the Owner Trust Estate conveyed by Seller to Issuer hereunder, enforceable against creditors of and purchasers from Seller; and each of this Agreement and the Basic Documents to which it is a party constitutes 31 37 a legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its respective terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws affecting enforcement of the rights of creditors generally and to equitable limitations on the availability of specific remedies.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Key Consumer Acceptance Corp)

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