Common use of Binding Obligation Clause in Contracts

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms subject to bankruptcy, insolvency and other similar laws affecting creditors’ rights generally and subject to equitable principles.

Appears in 94 contracts

Samples: Servicing Agreement (Navient Funding, LLC), Servicing Agreement (Navient Student Loan Trust 2015-3), Servicing Agreement (Navient Student Loan Trust 2015-2)

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Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms except that such enforcement may be subject to bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting now or hereafter in effect relating to creditors’ rights generally and the remedy of specific performance and injunctive relief may be subject to certain equitable principlesdefenses and to the discretion of the court before which any proceeding therefor may be brought.

Appears in 63 contracts

Samples: Sale and Servicing Agreement (John Deere Owner Trust 2024), Sale and Servicing Agreement (John Deere Owner Trust 2024), Sale and Servicing Agreement (John Deere Owner Trust 2023-C)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer, enforceable against the Servicer enforceable in accordance with its terms subject to bankruptcyterms, insolvency except as such enforceability may be limited by (i) applicable Insolvency Laws and other similar laws affecting creditors’ rights generally and subject to equitable principles(ii) general principles of equity (whether considered in a suit at law or in equity).

Appears in 53 contracts

Samples: Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to the effect of bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject to by general equitable principles, regardless of whether such enforceability shall be considered in equity or law.

Appears in 38 contracts

Samples: Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to the effect of bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject to by general equitable principles.

Appears in 35 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms subject to bankruptcy, insolvency and other similar laws affecting creditors’ creditors rights generally and subject to equitable principles.

Appears in 27 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Education Credit Funding LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, except as enforceability may be subject to or limited by bankruptcy, insolvency and insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors' rights generally in general and subject to equitable principlesby general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or in law.

Appears in 23 contracts

Samples: Sale and Servicing Agreement (Honda Auto Receivables 2007-2 Owner Trust), Sale and Servicing Agreement (American Honda Receivables Corp), Sale and Servicing Agreement (American Honda Receivables Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to the effect of bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and subject to by general equitable principles.

Appears in 21 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2003-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Corp /De), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms subject to bankruptcy, insolvency and other similar laws affecting creditors' rights generally and subject to equitable principles.

Appears in 21 contracts

Samples: Servicing Agreement (SLM Education Credit Funding LLC), Servicing Agreement (SLM Funding LLC), Servicing Agreement (SLC Student Loan Trust 2005-2)

Binding Obligation. This Agreement Agreement, assuming due authorization, execution and delivery by the other parties hereto, constitutes a legalvalid, valid legal and binding obligation of the Servicer, enforceable against the Servicer enforceable in accordance with its the terms hereof, subject to (A) applicable bankruptcy, insolvency insolvency, reorganization, moratorium and other similar laws affecting the enforcement of creditors’ rights generally generally, and subject to equitable principles(B) general principles of equity, regardless of whether such enforcement is considered in a proceeding in equity or at law.

Appears in 17 contracts

Samples: Flow Servicing Agreement (PennyMac Financial Services, Inc.), Flow Servicing Agreement (PennyMac Mortgage Investment Trust), Flow Servicing Agreement (PennyMac Financial Services, Inc.)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors’ rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including, without limitation, concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 17 contracts

Samples: Servicing Agreement (PG&E Recovery Funding LLC), Servicing Agreement (Evergy Missouri West Storm Funding I, LLC), Intercreditor Agreement (Evergy Missouri West Storm Funding I, LLC)

Binding Obligation. This Servicing Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors’ rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 15 contracts

Samples: Cost Property Servicing Agreement (Virginia Power Fuel Securitization, LLC), Cost Property Servicing Agreement (Virginia Power Fuel Securitization, LLC), Cost Property Servicing Agreement (Virginia Power Fuel Securitization, LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms terms, subject to bankruptcyapplicable insolvency, insolvency reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors’ rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 15 contracts

Samples: Transition Property Servicing Agreement (Entergy Texas, Inc.), Transition Property Servicing Agreement (Entergy Texas, Inc.), Transition Property Servicing Agreement (Entergy Texas, Inc.)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against it in accordance with its terms terms, subject to bankruptcyapplicable insolvency, insolvency reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors’ rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 14 contracts

Samples: Servicing Agreement, Servicing Agreement, Servicing Agreement (PSNH Funding LLC 3)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer Servicer, enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, reorganization and other similar laws affecting relating to creditors' rights generally and subject to equitable principlesgeneral principles of equity.

Appears in 13 contracts

Samples: Servicing Agreement (Usa Group Secondary Market Services Inc), Private Loan Servicing Agreement (Efg Funding Corp), Servicing Agreement (Gs Mortgage Securities Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer Servicer, enforceable in accordance with its terms subject to terms, except as such enforceability may be limited by applicable bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject from time to equitable principlestime in effect or by general principles of equity.

Appears in 13 contracts

Samples: Servicing Agreement, Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against it in accordance with its terms terms, subject to bankruptcyapplicable insolvency, insolvency reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 12 contracts

Samples: Servicing Agreement (Northeast Utilities System), Transition Property Servicing Agreement (Cl&p Funding LLC), Transition Property Servicing Agreement (B E C Energy)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer, enforceable against the Servicer enforceable in accordance with its terms subject to bankruptcyterms, insolvency except as such enforceability may be limited by (i) applicable Bankruptcy Laws and other similar laws affecting creditors’ rights generally and subject to equitable principles(ii) general principles of equity (whether considered in a suit at law or in equity).

Appears in 11 contracts

Samples: Sale and Servicing Agreement (Horizon Technology Finance Corp), Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including, without limitation, concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 11 contracts

Samples: Recovery Property Servicing Agreement (SCE Recovery Funding LLC), Recovery Property Servicing Agreement (SCE Recovery Funding LLC), Recovery Property Servicing Agreement (SCE Recovery Funding LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms subject to bankruptcy, insolvency and receivership, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (regardless of whether considered in a proceeding in equity or at law).

Appears in 10 contracts

Samples: Securitization Property Servicing Agreement (Detroit Edison Securitization Funding LLC), Transition Property Servicing Agreement (PSE&G Transition Funding II LLC), Securitization Property Servicing Agreement (Detroit Edison Securitization Funding LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer Servicer, enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, moratorium, fraudulent conveyance, reorganization and other similar laws affecting now or hereafter in effect relating to creditors' rights generally generally, and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding at law or in equity).

Appears in 9 contracts

Samples: Sale and Servicing (Money Store Auto Trust 1996-2), Sale and Servicing (TMS Auto Holdings Inc), Sale and Servicing (TMS Auto Holdings Inc)

Binding Obligation. This Agreement constitutes a legal, valid and ------------------ binding obligation of the Servicer enforceable in accordance with its terms subject to bankruptcy, insolvency and other similar laws affecting creditors’ creditors rights generally and subject to equitable principles.

Appears in 9 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms subject to bankruptcy, insolvency and receivership, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws affecting creditors’ rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (regardless of whether considered in a proceeding in equity or at law).

Appears in 8 contracts

Samples: Servicing Agreement (PE Environmental Funding LLC), Servicing Agreement (MP Environmental Funding LLC), Control Property Servicing Agreement (MP Environmental Funding LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to bankruptcyapplicable insolvency, insolvency reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including, without limitation, concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 7 contracts

Samples: Northwestern Corp, Intangible Transition Property Servicing Agreement (Comed Funding LLC), Servicing Agreement (Illinois Power Securitization Limited Liability Co)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer Servicer, enforceable in accordance with its terms subject to terms, except as such enforceability may be limited by applicable bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally in general and subject to equitable principlesthe rights of creditors of national banking associations.

Appears in 7 contracts

Samples: Transfer and Servicing Agreement (Chase Card Funding LLC), Transfer and Servicing Agreement, Transfer and Servicing Agreement (Chase Issuance Trust)

Binding Obligation. This Agreement Agreement, assuming due authorization, execution and delivery by the other parties hereto, constitutes a legalvalid, valid legal and binding obligation of the Servicer Service Provider, enforceable against the Service Provider in accordance with its the terms hereof, subject to (A) applicable bankruptcy, insolvency insolvency, reorganization, moratorium and other similar laws affecting the enforcement of creditors’ rights generally generally, and subject to equitable principles(B) general principles of equity, regardless of whether such enforcement is considered in a proceeding in equity or at law.

Appears in 7 contracts

Samples: Mortgage Banking Services Agreement, Mortgage Banking Services Agreement (PennyMac Financial Services, Inc.), Mortgage Banking Services Agreement (PennyMac Mortgage Investment Trust)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer, enforceable against the Servicer enforceable in accordance with its terms subject to bankruptcyterms, insolvency and other similar laws affecting creditors’ rights generally and subject to equitable principlesexcept as enforceability may be limited by applicable Debtor Relief Laws or general principles of equity.

Appears in 7 contracts

Samples: Servicing Agreement (WF Card Funding LLC), Pooling and Servicing Agreement (BA Credit Card Trust), Pooling and Servicing Agreement (BA Master Credit Card Trust II)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms subject to bankruptcy, insolvency and receivership, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (regardless of whether considered in a proceeding in equity or at law).

Appears in 7 contracts

Samples: Transition Property Servicing Agreement (Atlantic City Electric Transition Funding LLC), Master Servicing Agreement (Peco Energy Transition Trust), Master Servicing Agreement (Peco Energy Transition Trust)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Master Servicer enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, reorganization and other similar laws affecting relating to creditors’ rights generally or the rights of creditors of banks the deposit accounts of which are insured by the FDIC and subject to equitable principlesgeneral principles of equity.

Appears in 6 contracts

Samples: Sale and Servicing Agreement, Sale and Servicing Agreement (KeyCorp Student Loan Trust 2006-A), Sale and Servicing Agreement (Keycorp Student Loan Trust 2004-A)

Binding Obligation. This Agreement constitutes a legal, valid ------------------- and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to bankruptcyapplicable insolvency, insolvency reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including, without limitation, concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 5 contracts

Samples: Transition Property Servicing Agreement (Sdg&e Funding LLC a De Limited Liability Co), Servicing Agreement (Sdg&e Funding LLC a De Limited Liability Co), Servicing Agreement (Pg&e Funding LLC)

Binding Obligation. This Agreement constitutes a the legal, valid and ------------------ binding obligation obligations of the Servicer Servicer, enforceable in accordance with its terms subject to bankruptcyterms, insolvency except as enforceability may be limited by Debtor Relief Laws and other similar laws affecting creditors’ rights generally and subject to equitable principlesexcept as such enforceability may be limited by general principles of equity (whether considered in a proceeding at law or in equity).

Appears in 5 contracts

Samples: Transfer and Servicing Agreement (First Consumers Master Trust), Transfer and Servicing Agreement (Spiegel Master Trust), Transfer and Servicing Agreement (First Consumers Master Trust)

Binding Obligation. This Agreement constitutes a legal, valid valid, and binding obligation of the Servicer, enforceable against the Servicer enforceable in accordance with its terms subject terms, subject, as to enforceability, to applicable bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws now or hereafter in effect affecting the enforcement of creditors' rights generally in general and subject to equitable principlesexcept as such enforceability may be limited by general principles of equity (whether considered in a suit at law or in equity).

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (First Security Bank Na), Pooling and Servicing Agreement (First Security Bank Na), Pooling and Servicing Agreement (First Security Bank Na)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms subject to applicable bankruptcy, insolvency receivership, insolvency, reorganization, moratorium, fraudulent transfer or conveyance and other similar laws relating to or affecting creditors’ rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including, without limitation, concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a Proceeding in equity or at law.

Appears in 4 contracts

Samples: Servicing Agreement (Cleco Power LLC), Recovery Property Servicing Agreement (Cleco Power LLC), Servicing Agreement (Cleco Power LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, reorganization and other similar laws nor or hereafter in effect relating to or affecting creditors' rights generally and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding at law or in equity).

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, reorganization and other similar laws now or hereafter in effect relating to or affecting creditors’ creditor's rights generally and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding at law or in equity).

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Bond Securitization LLC), Sale and Servicing Agreement (Bond Securitization LLC), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms terms, subject to bankruptcyapplicable insolvency, insolvency reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 4 contracts

Samples: Transition Property Servicing Agreement (Entergy Texas Restoration Funding, LLC), Transition Property Servicing Agreement (CPL Transition Funding LLC), Transition Property Servicing Agreement (CPL Transition Funding LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer, enforceable against the Servicer enforceable in accordance with its terms subject to bankruptcy, insolvency and receivership, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (regardless of whether considered in a proceeding in equity or at law).

Appears in 3 contracts

Samples: Property Servicing Agreement (FPL Recovery Funding LLC), FPL Recovery Funding LLC, Florida Power & Light Co

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer Servicer, enforceable in accordance with its terms subject to terms, except as such enforceability may be limited by applicable bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally in general and subject to equitable principlesthe rights of creditors of national banking associations.

Appears in 3 contracts

Samples: Transfer and Servicing Agreement (Bank One Delaware National Association), Transfer and Servicing Agreement (First Usa Credit Card Master Trust), Transfer and Servicing Agreement (Chase Manhattan Bank Usa)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer Servicer, enforceable in accordance with its terms subject to terms, except as enforceability may be limited by applicable bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws now or hereafter in effect, affecting the enforcement of creditors' rights generally in general and subject to equitable principlesthe rights of creditors of national banking associations.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (Bank One Delaware National Association)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms terms, subject to applicable bankruptcy, insolvency receivership, insolvency, reorganization, moratorium, fraudulent transfer or conveyance and other similar laws relating to or affecting creditors’ rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a Proceeding in equity or at law.

Appears in 3 contracts

Samples: Securitization Property Servicing Agreement (SIGECO Securitization I, LLC), Securitization Property Servicing Agreement (SIGECO Securitization I, LLC), Securitization Property Servicing Agreement (SIGECO Securitization I, LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against it in accordance with its terms terms, subject to applicable bankruptcy, insolvency receivership, insolvency, reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors’ rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 3 contracts

Samples: Restructuring Property Servicing Agreement, Restructuring Property Servicing Agreement, Restructuring Property Servicing Agreement

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, reorganization and other similar laws now or hereafter in effect relating to or affecting creditors’ creditor’s rights generally and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding at law or in equity).

Appears in 3 contracts

Samples: Form of Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Form of Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)

Binding Obligation. This Agreement constitutes a legal, valid valid, and binding obligation of the Servicer, enforceable against the Servicer enforceable in accordance with its terms subject to terms, except as enforceability may be limited by bankruptcy, insolvency and insolvency, reorganization, conservatorship, receivership, liquidation or other similar laws affecting the enforcement of creditors' rights generally and subject to by general equitable principles.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding ------------------ obligation of the Servicer enforceable in accordance with its terms subject to bankruptcy, insolvency and other similar laws affecting creditors’ creditors rights generally and subject to equitable principles.

Appears in 2 contracts

Samples: Servicing Agreement (SLM Funding Corp), Servicing Agreement (SLM Funding Corp)

Binding Obligation. This Servicing Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms terms, subject to bankruptcy, insolvency and receivership, fraudulent transfer, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (regardless of whether considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Servicing Agreement (JCP&L Transition Funding II LLC), Servicing Agreement (JCP&L Transition Funding II LLC)

Binding Obligation. This Agreement constitutes a legal, valid and ------------------ binding obligation of the Servicer Servicer, enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, moratorium, fraudulent conveyance, reorganization and other similar laws affecting now or hereafter in effect relating to creditors' rights generally generally, and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding at law or in equity).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp), Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to the effect (Nissan 2013-A Sale and Servicing Agreement) of bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject to by general equitable principles.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2013-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2013-a Owner Trust)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer Servicer, enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, moratorium, fraudulent conveyance, reorganization and other similar laws affecting now or hereafter in effect relating to creditors' rights generally or the rights of creditors of banks the deposit accounts of which are insured by the FDIC, and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding at law or in equity).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bank One Texas National Association), Pooling and Servicing Agreement (Bank One Texas National Association)

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Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms subject to bankruptcy, insolvency and receivership, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (regardless of whether considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Securitization Property Servicing Agreement (Consumers Energy Co), Securitization Property Servicing Agreement (Consumers Energy Co)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer, enforceable against the Servicer enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency and insolvency, receivership, conservatorship, reorganization, moratorium or other similar laws now or hereafter in effect affecting the enforcement of creditors' rights generally in general and subject to equitable principlesthe rights of creditors of national banking associations and except as such enforceability may be limited by general principles of equity (whether considered in a proceeding at law or in equity).

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (Fnanb Credit Card Master Trust), Transfer and Servicing Agreement (Dc Funding International Inc)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Master Servicer enforceable in accordance with its terms subject to bankruptcy, insolvency and other similar laws affecting creditors’ rights generally and subject to equitable principles.

Appears in 2 contracts

Samples: Master Servicing Agreement (Wachovia Student Loan Trust 2005-1), Master Servicing Agreement (Wachovia Education Loan Funding LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms terms, subject to bankruptcyapplicable insolvency, insolvency reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors’ rights generally from time to time in effect and subject to equitable principles.general principles of equity (including concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law. (e)

Appears in 2 contracts

Samples: Property Servicing Agreement, Servicing Agreement

Binding Obligation. This Agreement constitutes a legal, valid and ------------------ binding obligation of the Servicer enforceable in accordance with its terms terms, subject to bankruptcyapplicable insolvency, insolvency reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including, without limitation, concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 2 contracts

Samples: Transition Property Servicing Agreement (Sce Funding LLC), Transition Property Servicing Agreement (Sierra Pacific Power Co)

Binding Obligation. This Servicing Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms terms, subject to bankruptcy, insolvency and receivership, fraudulent transfer, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (regardless of whether considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Servicing Agreement (Jcp&l Transition Funding LLC), Servicing Agreement (Jcp&l Transition Funding LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to the effect of bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject to by general equitable principles.. 52 (Nissan 2013-C Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2013-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2013-C Owner Trust)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to the effect of bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject to by general equitable principles., regardless of whether such enforceability shall be considered in equity or law. 47 (Nissan 2017-B Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2017-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2017-B Owner Trust)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer Servicer, enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, moratorium, fraudulent conveyance, reorganization and other similar laws affecting now or hereafter in effect relating to creditors' rights generally and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding of law or in equity).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Oxford Resources Corp), Execution Copy (Oxford Resources Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms subject to applicable bankruptcy, insolvency receivership, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights generally and subject to equitable principles, regardless of whether considered in a Proceeding in equity or at law.

Appears in 2 contracts

Samples: Property Servicing Agreement (Cleco Katrina/Rita Hurricane Recovery Funding LLC), Recovery Property Servicing Agreement (Cleco Katrina/Rita Hurricane Recovery Funding LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to the effect of bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject to by general equitable principles.. 52 (Nissan 2013-B Sale and Servicing Agreement)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2013-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2013-B Owner Trust)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer Servicer, enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, moratorium, fraudulent conveyance, reorganization and other similar laws affecting now or hereafter in effect relating to creditors' rights generally generally, and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding of law or in equity).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms subject to bankruptcy, insolvency and receivership, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws affecting creditors’ rights generally from time to time in effect and subject to equitable principles.general principles of equity (regardless of whether considered in a proceeding in equity or at law). (e)

Appears in 1 contract

Samples: Servicing Agreement

Binding Obligation. This The Agreement constitutes a legal, valid and binding obligation of the Servicer Servicer, enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, moratorium, fraudulent conveyance, reorganization and other similar laws affecting now or hereafter in effect relating to creditors' rights generally generally, and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding at law or in equity).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (FCC Receivables Corp)

Binding Obligation. This Agreement constitutes a legal, valid and ------------------ binding obligation of the Servicer enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, reorganization and other similar laws now or hereafter in effect relating to or affecting creditors’ creditor's rights generally and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding at law or in equity).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Asset Backed Securities Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to the effect of bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject to by general equitable principles., regardless of whether such enforceability shall be considered in equity or law. 50 (NAROT 20[ ]-[ ] Sale and Servicing Agreement)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Binding Obligation. This Agreement constitutes a legal, valid and ------------------ binding obligation of the Servicer enforceable against the Servicer in accordance with its terms subject to bankruptcy, insolvency and receivership, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (regardless of whether considered in a proceeding in equity or at law).

Appears in 1 contract

Samples: Servicing Agreement (West Penn Power Co)

Binding Obligation. This Agreement constitutes a legal, valid ------------------ and binding obligation of the Servicer Servicer, enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, moratorium, fraudulent conveyance, reorganization and other similar laws affecting now or hereafter in effect relating to creditors' rights generally generally, and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding of law or in equity).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to the effect of bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject to by general equitable principles.. (Nissan _____ Sale and Servicing Agreement)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms subject to bankruptcy, insolvency and receivership, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (regard less of whether considered in a proceeding in equity or at law).

Appears in 1 contract

Samples: Servicing Agreement (Pse&g Transition Funding LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against it in accordance with its terms terms, subject to bankruptcyapplicable insolvency, insolvency reorganization, moratorium, fraudulent transfer and other similar laws affecting creditors’ rights generally and subject to equitable principles.laws

Appears in 1 contract

Samples: Transition Property Servicing Agreement (Bec Funding LLC)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to the effect (Nissan _____ Sale and Servicing Agreement) of bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject to by general equitable principles.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms subject to bankruptcy, insolvency and receivership, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (regardless of whether considered in a Proceeding in equity or at law).

Appears in 1 contract

Samples: Transition Property Servicing Agreement (Reliant Energy Transition Bond Co LLC)

Binding Obligation. This Agreement constitutes a legal, valid and ------------------ binding obligation of the Servicer enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, reorganization and other similar laws nor or hereafter in effect relating to or affecting creditors' rights generally and subject to equitable principlesgeneral principles of equity (whether applied in a proceeding at law or in equity).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the each Servicer enforceable in accordance with its terms subject to except as such enforceability may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforceability of creditors' rights generally generally, and subject to general equitable principles.

Appears in 1 contract

Samples: Security and Servicing Agreement (Autoinfo Inc)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Master Servicer enforceable in accordance with its terms terms, subject to applicable bankruptcy, insolvency insolvency, reorganization and other similar laws affecting relating to creditors' rights generally or the rights of creditors of banks the deposit accounts of which are insured by FDIC and subject to equitable principlesgeneral principles of equity.

Appears in 1 contract

Samples: Master Servicing Agreement (First Union Student Loan Trust 1997-1)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable against the Servicer in accordance with its terms subject to except as the enforceability thereof may be limited by bankruptcy, insolvency and insolvency, moratorium or other similar laws affecting creditors' rights generally and subject to equitable principlesby general principles of equity.

Appears in 1 contract

Samples: Secured Credit Line Agreement (Dvi Inc)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer Servicer, enforceable in accordance with its terms subject to terms, except as such enforceability may be limited by applicable bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and from time to time in effect or the rights of creditors of federally chartered savings associations the deposit accounts of which are issued by the FDIC or which are subject to equitable principlesregulation by the FDIC or by general principles of equity.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Nordstrom Credit Inc)

Binding Obligation. This Agreement constitutes a legal, ------------------ valid and binding obligation of the Servicer enforceable against it in accordance with its terms terms, subject to bankruptcyapplicable insolvency, insolvency reorganization, moratorium, fraudulent transfer and other similar laws relating to or affecting creditors' rights generally from time to time in effect and subject to equitable principlesgeneral principles of equity (including concepts of materiality, reasonableness, good faith and fair dealing), regardless of whether considered in a proceeding in equity or at law.

Appears in 1 contract

Samples: Servicing Agreement (PSNH Funding LLC 2)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms subject to except as such enforceability may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforceability of creditors' rights generally generally, and subject to general equitable principlesprincipal.

Appears in 1 contract

Samples: Loan Purchase Agreement (Oxford Resources Corp)

Binding Obligation. This Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms terms, subject to the effect of bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and subject to by general equitable principles.. 59 (Nissan 2008-A Sale and Servicing Agreement)

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

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