Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 624 contracts
Samples: Receivables Purchase Agreement (Toyota Auto Receivables 2024-B Owner Trust), Form of Receivables Purchase Agreement (Toyota Auto Receivables 2024-B Owner Trust), Sale and Contribution Agreement (Credit Acceptance Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and Related Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the Related Documents. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 302 contracts
Samples: Contribution Agreement (Exeter Automobile Receivables Trust 2024-3), Purchase Agreement (Exeter Automobile Receivables Trust 2024-3), Contribution Agreement (Exeter Automobile Receivables Trust 2024-3)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.
Appears in 243 contracts
Samples: Transfer and Sale Agreement (Harley-Davidson Motorcycle Trust 2024-A), Transfer and Sale Agreement (Harley-Davidson Motorcycle Trust 2024-A), Transfer and Sale Agreement (Harley-Davidson Motorcycle Trust 2023-B)
Merger and Integration. Except as specifically stated otherwise herein, this Custodian Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Custodian Agreement. This Custodian Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 119 contracts
Samples: Custodian Agreement (Ally Auto Receivables Trust 2024-1), Custodian Agreement (Ally Auto Receivables Trust 2024-1), Custodian Agreement (Ally Auto Receivables Trust 2023-1)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 94 contracts
Samples: Loan Sale Agreement (Blue Owl Technology Income Corp.), Loan Sale Agreement (Blue Owl Technology Income Corp.), Loan Sale Agreement (Blue Owl Capital Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the Conveyance Papers set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the Conveyance Papers. This Agreement and the Conveyance Papers may not be modified, amended, waived or supplemented except as provided herein.
Appears in 82 contracts
Samples: Receivables Purchase Agreement, Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust), Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.. * * * * *
Appears in 51 contracts
Samples: Lease Purchase Agreement (Navistar Financial 2005-a Owner Trust), Lease Purchase Agreement (Navistar Financial 2004-B Owner Trust), Administration Agreement (Navistar Financial 2005-a Owner Trust)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the other Transaction Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided hereinand the other Transaction Documents.
Appears in 43 contracts
Samples: Sale and Contribution Agreement (Golub Capital Direct Lending Corp), Sale and Contribution Agreement (Golub Capital BDC 4, Inc.), Sale and Participation Agreement (Oaktree Strategic Credit Fund)
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 38 contracts
Samples: Pooling and Servicing Agreement (First Chicago Master Trust Ii), Pooling and Servicing Agreement (First Consumers Master Trust), Pooling and Servicing Agreement (Capital One FSB)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the Related Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the Related Documents. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 35 contracts
Samples: Receivables Purchase Agreement and Assignment (Arcadia Receivables Finance Corp), Transfer Agreement (Conseco Finance Securitizations Corp), Transfer Agreement (Green Tree Lease Finance 1997-1 LLC)
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.
Appears in 19 contracts
Samples: Pooling and Servicing Agreement (Bombardier Receivables Master Trust I), Pooling and Servicing Agreement (Ford Credit Auto Receivables LLC), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement and the Servicing Agreement. This Agreement and the Servicing Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.
Appears in 15 contracts
Samples: European Receivables Loan Agreement, Receivables Purchase Agreement (Huntsman International LLC), Pooling Agreement (Bungeltd)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding contains all of the parties terms and conditions relating to the its subject matter hereof, and all to which the parties have agreed. All prior understandings, written or oral, understandings of any kind are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 13 contracts
Samples: Sale and Servicing Agreement (Regional Management Corp.), Sale and Servicing Agreement (Regional Management Corp.), Sale and Servicing Agreement (Regional Management Corp.)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the other Basic Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided hereinand the other Basic Documents.
Appears in 12 contracts
Samples: Receivables Purchase Agreement (California Republic Funding LLC), Receivables Purchase Agreement (California Republic Auto Receivables Trust 2018-1), Receivables Purchase Agreement (California Republic Auto Receivables Trust 2018-1)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, with respect to the subject matter hereof are superseded by this Agreement. This Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.
Appears in 12 contracts
Samples: Receivables Sale Agreement (T-Mobile US, Inc.), Receivables Sale and Conveyancing Agreement (T-Mobile US, Inc.), Receivables Sale and Contribution Agreement (T-Mobile US, Inc.)
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement sets and Related Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the Related Documents. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 11 contracts
Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (TFC Enterprises Inc), Purchase Agreement (Americredit Financial Services Inc)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the other Operative Agreements set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the other Operative Agreements. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 11 contracts
Samples: Purchase and Contribution Agreement (Trinity Industries Inc), Purchase and Sale Agreement (Trinity Industries Inc), Purchase and Contribution Agreement (Trinity Industries Inc)
Merger and Integration. Except as specifically stated otherwise ---------------------- herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.. * * * * *
Appears in 8 contracts
Samples: Custodian Agreement (Navistar Financial Retail Receivables Corporation), Custodian Agreement (Navistar Financial Retail Receivables Corporation), Administration Agreement (Navistar Financial Retail Receivables Corporation)
Merger and Integration. Except as specifically stated otherwise herein, this Custodian Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Custodian Agreement. This Custodian Agreement may not be modified, amended, waived or supplemented except as provided herein.. * * * * *
Appears in 7 contracts
Samples: Custodian Agreement (Capital Auto Receivables LLC), Custodian Agreement (Capital Auto Receivables Asset Trust 2007-3), Custodian Agreement (Capital Auto Receivables LLC)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 6 contracts
Samples: Sale, Contribution and Transfer Agreement (GlassBridge Enterprises, Inc.), Receivables Purchase Agreement (HSBC Funding (USA) Inc. V), Receivables Purchase Agreement (Saks Credit Card Master Trust)
Merger and Integration. Except as specifically stated otherwise hereinprovided in this Agreement, this Agreement sets forth the entire understanding of the parties Parties relating to the subject matter hereof, and all prior understandings, whether written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 6 contracts
Samples: Agreement (Eos International Inc), Agreement and Plan of Merger (Base Ten Systems Inc), Agreement and Plan of Merger (Almedica International Inc)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the other Facility Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided hereinand the other Facility Documents.
Appears in 6 contracts
Samples: Sale and Contribution Agreement (Blue Owl Credit Income Corp.), Loan Sale and Contribution Agreement (Saratoga Investment Corp.), Sale and Contribution Agreement (Owl Rock Technology Income Corp.)
Merger and Integration. Except as specifically stated otherwise hereinprovided in this Agreement, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, whether written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 6 contracts
Samples: Registration Rights Agreement (Base Ten Systems Inc), Purchase Agreement (Techsys Inc), Purchase Agreement (Techsys Inc)
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement sets and all the other Conveyance Papers set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and all the other Conveyance Papers. This Agreement and the other Conveyance Papers may not be modified, amended, waived or supplemented except as provided herein.
Appears in 6 contracts
Samples: Receivables Purchase Agreement (Spiegel Master Trust), Receivables Purchase Agreement (Spiegel Master Trust), Receivables Purchase Agreement (Spiegel Master Trust)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the other Basic Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the other Basic Documents. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 5 contracts
Samples: Receivables Purchase Agreement (California Republic Auto Receivables Trust 2015-2), Receivables Purchase Agreement (California Republic Funding LLC), Receivables Purchase Agreement (California Republic Funding LLC)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the Conveyance Papers set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided hereinand the Conveyance Papers.
Appears in 5 contracts
Samples: Receivables Purchase Agreement (Bread Financial Holdings, Inc.), Receivables Purchase Agreement (Alliance Data Systems Corp), Receivables Purchase Agreement (Alliance Data Systems Corp)
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement sets and the Related Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the Related Documents. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 5 contracts
Samples: Transfer Agreement (Conseco Finance Corp), Transfer Agreement (Conseco Finance Corp), Transfer Agreement (Conseco Finance Securitizations Corp)
Merger and Integration. Except as specifically stated otherwise hereinin this Agreement, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 4 contracts
Samples: Contribution and Sale Agreement (Trans Leasing International Inc), Contribution and Sale Agreement (Tl Lease Funding Corp Iv), Contribution and Sale Agreement (Trans Leasing International Inc)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the other Conveyance Papers set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the other Conveyance Papers. This Agreement and the other Conveyance Papers may not be modified, amended, waived or supplemented except as provided herein.
Appears in 4 contracts
Samples: Receivables Purchase Agreement (Nordstrom Inc), Receivables Purchase Agreement (Georgia Gulf Corp /De/), Receivables Purchase Agreement (JCP Receivables Inc)
Merger and Integration. Except as specifically stated otherwise hereinin this Agreement, this Agreement sets forth the entire understanding of the parties Parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as expressly provided hereinin this Agreement.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Tl Lease Funding Corp Iv), Servicing Agreement (Trans Leasing International Inc), Pooling and Servicing Agreement (Trans Leasing International Inc)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, and all contemporaneous oral understandings, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Capitol Revolving Home Equity Loan Trust 1996-1), Pooling and Servicing Agreement (Chevy Chase Bank FSB)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.. Section 13.16
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Metris Receivables Inc), Pooling and Servicing Agreement (Partners First Credit Card Master Trust), Pooling and Servicing Agreement (Partners First Receivables Funding Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the Conveyance Papers set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the Conveyance Papers. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 4 contracts
Samples: Receivables Purchase Agreement, Receivables Purchase Agreement, Receivables Purchase Agreement (Compucredit Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein. SECTION 5.12.
Appears in 4 contracts
Samples: Receivables Purchase Agreement, Receivables Purchase Agreement, Receivables Purchase Agreement
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties hereto relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 3 contracts
Samples: Capital Contribution Agreement (Exeter Automobile Receivables Trust 2022-3), Capital Contribution Agreement (Exeter Automobile Receivables Trust 2022-2), Capital Contribution Agreement (Exeter Automobile Receivables Trust 2022-1)
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.. * * * * *
Appears in 3 contracts
Samples: Purchase Agreement (Navistar Financial Retail Receivables Corporation), Lease Purchase Agreement (Navistar Financial Retail Receivables Corporation), Purchase Agreement (Navistar Financial Retail Receivables Corporation)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, there are no other agreements between the parties for transactions relating to or similar to the transactions contemplated by this Agreement, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Fidelity Leasing Inc), Purchase and Sale Agreement (Resource America Inc), Purchase and Sale Agreement (Fidelity Leasing Inc)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement Agreement, together with each Supplement and Receivables Purchase Agreement, sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (Charming Shoppes Master Trust), Pooling and Servicing Agreement (Charming Shoppes Receivables Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not hot be modified, amended, waived or supplemented except as provided herein.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (American Express Centurion Bank), Pooling and Servicing Agreement (American Express Credit Account Master Trust), Master Pooling and Servicing Agreement (American Express Centurion Bank)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets Agreement, including any Supplements, set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Proffitts Credit Card Master Trust), Pooling and Servicing Agreement (Proffitts Credit Corp), Pooling and Servicing Agreement (Proffitts Credit Card Master Trust)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or and oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 3 contracts
Samples: Trust Agreement (Nordstrom Credit Inc), Note Purchase Agreement (Bon Ton Stores Inc), Trust Agreement (Nordstrom Inc)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided hereinherein or therein.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I), Receivables Sale and Contribution Agreement, Pooling and Servicing Agreement (Discover Card Master Trust I)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, and all contemporaneous oral understandings, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.. * * *
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (MLCC Mortgage Investors Inc), Pooling and Servicing Agreement (MLCC Mortgage Investors Inc)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement Agreement, as supplemented by the Conveyance Papers, sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by the this AgreementAgreement and the Conveyance Papers. This Agreement and the Conveyance Papers may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Receivables Purchase and Security Agreement (Compucredit Corp), Receivables Purchase and Security Agreement (Compucredit Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets Agreement, the Sale and Servicing Agreement, the Indenture and the Related Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement, the Sale and Servicing Agreement, the Indenture and the Related Documents. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Contribution Agreement (Prudential Securities Secured Financing Corp), Purchase Agreement and Assignment (Prudential Securities Secured Financing Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire agreement and understanding of the parties Parties relating to the subject matter hereof, and all prior agreements and understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Funding Agreement (MEI Pharma, Inc.), Funding Agreement (Infinity Pharmaceuticals, Inc.)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived restated, waived, supplemented or supplemented otherwise modified from time to time, except as provided herein.
Appears in 2 contracts
Samples: Servicing Agreement (Dryrock Issuance Trust), Servicing Agreement (Dryrock Issuance Trust)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, relating thereto are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: TRS Servicing Agreement (MortgageIT Holdings, Inc.), Reit Servicing Agreement (MortgageIT Holdings, Inc.)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modifiedamended, amendedrestated, waived or supplemented or otherwise modified from time to time except as provided herein.
Appears in 2 contracts
Samples: Transfer Agreement (Dryrock Issuance Trust), Transfer Agreement (Dryrock Issuance Trust)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the other Conveyance Documents set forth the entire understanding of the parties relating to the subject matter matter, hereof, and all prior understandings, written or oral, are superseded by this Agreement, and the other Conveyance Documents. This Agreement and the other Conveyance Documents may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Insurance Settlements Purchase Agreement (Capital Resource Group LLC), Senior Insurance Settlements Purchase Agreement (Capital Resource Group LLC)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, including the Original Agreement, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Sale and Contribution Agreement (HPS Corporate Lending Fund), Sale and Contribution Agreement (HPS Corporate Lending Fund)
Merger and Integration. Except as specifically stated otherwise hereinherein and in the other Basic Documents, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Trust Agreement (Principal Health Care Inc), Trust Agreement (Blair Thomas L)
Merger and Integration. Except as specifically ---------------------- stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Master Pooling and Servicing Agreement (Circuit City Credit Card Master Trust), Receivables Purchase Agreement (Levi Strauss & Co)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties Parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Facility Agreement (KKR FS Income Trust Select), Facility Agreement (KKR FS Income Trust)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement and the other Related Documents sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Contribution and Sale Agreement (CAI International, Inc.), Contribution and Sale Agreement (CAI International, Inc.)
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, and all contemporaneous oral understandings, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Chevy Chase Bank FSB)
Merger and Integration. Except as specifically stated otherwise herein, this This Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.
Appears in 2 contracts
Samples: Receivables Contribution and Sale Agreement (BA Master Credit Card Trust II), Receivables Contribution and Sale (BA Master Credit Card Trust II)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. 101 This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Metris Master Trust), Pooling and Servicing Agreement (Metris Master Trust)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived waived, supplemented or supplemented otherwise modified except as provided herein.
Appears in 2 contracts
Samples: Sale and Contribution Agreement (Credit Acceptance Corp), Contribution Agreement (Credit Acceptance Corp)
Merger and Integration. Except as specifically ---------------------- stated otherwise herein, this Agreement sets and Related Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the Related Documents. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 2 contracts
Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (TFC Enterprises Inc)
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement and the Servicing Agreement. This Agreement and the Servicing Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.
Appears in 2 contracts
Samples: Pooling Agreement (Huntsman Ici Chemicals LLC), Pooling Agreement (Huntsman Ici Holdings LLC)
Merger and Integration. Except as specifically stated otherwise herein, this This Agreement sets forth the entire understanding of the parties relating to the subject matter hereofherein, and all prior understandings, written or oral, are superseded by by, and merged into, this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Approved Underwriter Agreement
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and any documents required for the transactions contemplated hereby set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and any documents required for the transactions contemplated hereby. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Merger and Integration. Except as specifically stated otherwise herein, this Agreement Agreement, together with each Supplement, sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.subject
Appears in 1 contract
Samples: Receivables Transfer Agreement (First Sierra Receivables Iii Inc)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modifiedmodi fied, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Wentworth J G & Co Inc)
Merger and Integration. Except as specifically stated otherwise herein, this This Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the other Basic Documents. This Agreement may not be modified, amended, waived or supplemented except as provided herein.herein.6.15
Appears in 1 contract
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except by a document signed by the parties hereto and as provided herein.
Appears in 1 contract
Samples: Master Custodial and Servicing Agreement (Chrysler Financial Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement and the Servicing Agreement. This Agreement and the Servicing Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.. 104
Appears in 1 contract
Samples: Receivables Purchase Agreement (Huntsman International LLC)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.. 104
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.. [END OF PAGE; SIGNATURE PAGE FOLLOWS]
Appears in 1 contract
Samples: Purchase Agreement (Navistar Financial Retail Receivables Corporation)
Merger and Integration. Except as specifically stated otherwise herein, this This Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Sale Agreement (Linc Capital Inc)
Merger and Integration. Except as specifically stated otherwise hereinherein or incorporated hereby, this Agreement sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded and replaced by this Agreement. This Agreement may not be modified, amended, waived or supplemented except in writing executed by the parties as provided herein.
Appears in 1 contract
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties Parties relating to the subject matter hereof, and all inconsistent prior understandingsunderstandings pertaining to the subject matter of this Agreement, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Transferred Employees Payroll And (DJSP Enterprises, Inc.)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oraloral (including the Original Agreement), are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bally Total Fitness Holding Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.. Annex-50
Appears in 1 contract
Samples: Sale and Servicing Agreement (Silverleaf Resorts Inc)
Merger and Integration. Except as specifically stated otherwise ---------------------- herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.
Appears in 1 contract
Samples: First Security Bank Na
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire entIre understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Envirotest Systems Corp /De/)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This The Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Dillard Asset Funding Co)
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement Agreement, together with the other Transaction Documents, sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Purchase and Servicing Agreement (Ak Steel Holding Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets and the agreements referred to herein set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Intercreditor and Collateral Agency Agreement (Alleghany Corp /De)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, 100 are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First National Bank of Commerce)
Merger and Integration. Except as specifically stated otherwise hereinherein or incorporated hereby, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Proffitts Credit Card Master Trust)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement Agreement, sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Alliance Data Systems Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded 58 63 by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Hrsi Funding Inc Ii)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or and oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Trust Agreement (Nordstrom Inc)
Merger and Integration. Except as specifically ---------------------- stated otherwise hereinherein or incorporated hereby, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except in writing executed by the parties as provided herein.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Proffitts Credit Corp)
Merger and Integration. Except as specifically stated otherwise hereinprovided in this ---------------------- Agreement, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, whether written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all other prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Rockford Industries Inc)
Merger and Integration. Except as specifically stated otherwise ---------------------- herein, this Agreement sets and Related Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and the Related Documents. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Purchase Agreement (Americredit Financial Services Inc)
Merger and Integration. Except as specifically stated ---------------------- otherwise herein, this Agreement sets and any documents required for the transactions contemplated hereby set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this AgreementAgreement and any documents required for the transactions contemplated hereby. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oraloral and including the Existing Facility Agreement, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Facility Agreement (North Haven Private Income Fund LLC)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all other prior understandings, written or oral, oral are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Sale Agreement (American Home Mortgage Investment Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Receivables Contribution Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Receivables Contribution Agreement. This Receivables Contribution Agreement may not be modified, amended, waived waived, or supplemented except as provided herein.
Appears in 1 contract
Samples: Receivables Contribution Agreement (Guess Inc Et Al/Ca/)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.. 156
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-D)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.this
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived waived, or supplemented except as provided herein. Section 12.11.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Harley Davidson Customer Funding Corp)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all other prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Rockford Industries Inc)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.. SECTION 13.16
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First National Bank of Commerce)
Merger and Integration. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.. 149
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bayview Financial Mortgage Pass-Through Trust 2006-A)
