Valid Sale. This Agreement and each Subsequent Purchase Agreement, if any, shall effect a valid sale, transfer and assignment of the Loan Assets from the Originator to the Trust Depositor, enforceable against the Originator in accordance with their terms.
Appears in 7 contracts
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD)
Valid Sale. This Agreement and each Subsequent Purchase Transfer Agreement, if any, shall effect a valid sale, transfer and assignment of the Loan Assets from the Originator to the Trust DepositorAssets, enforceable against the Originator in accordance with their termsTrust Depositor and creditors of and purchasers from the Trust Depositor.
Appears in 6 contracts
Samples: Acas Transfer Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD)
Valid Sale. This Agreement effects, and each Subsequent Purchase Agreement, if any, shall effect effect, a valid sale, transfer and assignment of the Loan Assets from the Originator to the Trust Depositor, enforceable against the Originator in accordance with their terms, except as enforcement of such terms may be limited by applicable Insolvency Laws and general principles of equity, whether considered in a suit at law or in equity.
Appears in 4 contracts
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD)
Valid Sale. This Agreement and each Subsequent Purchase Agreement, if any, shall effect a valid sale, transfer and assignment of the Loan Assets from the Originator to the Trust Depositor, enforceable against the Originator in accordance with their terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remedies.
Appears in 4 contracts
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)
Valid Sale. This Agreement and each Subsequent Purchase Agreement, if any, shall effect a valid sale, transfer and assignment of the Loan Assets from the Originator to the Trust Depositor, enforceable against the Originator in accordance with their terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD)