Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”
Appears in 265 contracts
Samples: Purchase Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Contribution Agreement (Exeter Automobile Receivables Trust 2024-3), Purchase Agreement (Exeter Automobile Receivables Trust 2024-3)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments, amendments and restatements and supplements thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”
Appears in 183 contracts
Samples: Trust Agreement (Toyota Auto Receivables 2024-B Owner Trust), Trust Agreement (Toyota Auto Receivables 2024-B Owner Trust), Trust Agreement (Toyota Auto Receivables 2024-a Owner Trust)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”
Appears in 87 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2023-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2023-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2023-C Owner Trust)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 74 contracts
Samples: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”
Appears in 61 contracts
Samples: Backup Servicing Agreement (Credit Acceptance Corp), Backup Servicing Agreement (Credit Acceptance Corp), Backup Servicing Agreement (Credit Acceptance Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 60 contracts
Samples: Sale and Servicing Agreement (Harley Davidson Customer Funding Corp), Servicing Agreement (WFS Financial Inc), Sale and Servicing Agreement (WFS Financial 1997-B Owner Trust)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation".”
Appears in 54 contracts
Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms term “include” or “including” mean “include without limitation” or “including without limitation.”
Appears in 47 contracts
Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2024-A), Trust Agreement (Harley-Davidson Motorcycle Trust 2024-A), Trust Agreement (Harley-Davidson Motorcycle Trust 2023-B)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”
Appears in 40 contracts
Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2012-1), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2012-1), Sale and Servicing Agreement (Harley Davidson Customer Funding Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 34 contracts
Samples: Sale and Servicing Agreement (Arcadia Financial LTD), Pooling and Servicing Agreement (First Security Bank Na), Transfer and Servicing Agreement (Capita Equipment Receivables Trust 1996-1)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation”.”
Appears in 28 contracts
Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-1)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”
Appears in 27 contracts
Samples: Backup Servicing Agreement (CNH Capital Receivables LLC), Backup Servicing Agreement (CNH Capital Receivables LLC), Backup Servicing Agreement (CNH Equipment Trust 2011-A)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the other gender; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation".”
Appears in 23 contracts
Samples: Trust Agreement (Asset Backed Securities Corp), Trust Agreement (Ace Securities Corp), Trust Agreement (NCT Funding Co LLC)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typingtyping (including digitally), lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”
Appears in 17 contracts
Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2023-B)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography(including digitally), lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”
Appears in 14 contracts
Samples: Sale and Servicing Agreement (Harley-Davidson Customer Funding Corp.), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2021-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2021-A)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 13 contracts
Samples: Loan Purchase Agreement (Oxford Resources Corp), Pooling and Servicing Agreement (Asta Funding Inc), Pooling and Servicing Agreement (Asta Funding Inc)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “including” mean “include without limitation” or “including without limitation.”"
Appears in 13 contracts
Samples: Trust Agreement (Student Loan Funding LLC), Trust Agreement (Nelnet Student Loan Corp 1), Trust Agreement (Conseco Finance Securitizations Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale Pooling and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 11 contracts
Samples: Transfer Agreement (Conseco Finance Securitizations Corp), Transfer Agreement (Conseco Finance Securitizations Corp), Transfer Agreement (Conseco Finance Securitizations Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural includes the singular; , words importing any one gender include the other gender; , references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; , references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; , references to Persons include their permitted successors and assigns; , and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 10 contracts
Samples: Sale and Servicing Agreement (Paragon Auto Receivables Corp), Trust Agreement (Triad Financial Corp), Trust Agreement (Asset Backed Securities Corp)
Usage of Terms. With respect to all terms used in this -------------- Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 10 contracts
Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, facsimile, electronic transmissions and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto hereto or changes therein herein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 9 contracts
Samples: License Agreement (Protective Life Insurance Co), License Agreement (Protective Life Insurance Co), Trust Series Agreement (Protective Life Secured)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”Sale
Appears in 9 contracts
Samples: Sale Agreement (Exeter Automobile Receivables Trust 2021-3), Sale Agreement (Exeter Automobile Receivables Trust 2021-3), Sale Agreement (Exeter Automobile Receivables Trust 2021-2)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments, amendments and restatements and supplements thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”references to
Appears in 6 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)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”” ARTICLE II CONVEYANCE OF RECEIVABLES
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2024-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-a Owner Trust)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 6 contracts
Samples: Backup Servicing Agreement (Credit Acceptance Corporation), Backup Servicing Agreement (Credit Acceptance Corporation), Backup Servicing Agreement (Credit Acceptance Corporation)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”references
Appears in 5 contracts
Samples: Sale and Servicing Agreement (WFS Receivables Corp 3), Trust Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (WFS Receivables Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural includes the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “including” mean “include without limitation” or “including without limitation.”"
Appears in 5 contracts
Samples: Master Sale and Servicing Agreement (Household Automotive Trust 2001-1), Master Sale and Servicing Agreement (Household Automotive Trust Iv Series 2000-1), Master Sale and Servicing Agreement (Household Automotive Trust Vi Series 2000 3)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Onyx Acceptance Financial Corp), Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1997-3), Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”" ARTICLE II
Appears in 4 contracts
Samples: Trust Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale Pooling and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 4 contracts
Samples: Purchase Agreement and Assignment (Prudential Securities Secured Financing Corp), Purchase Agreement (Prudential Securities Secured Financing Corp), Purchase Agreement and Assignment (Prudential Securities Secured Financing Corp)
Usage of Terms. With respect to all terms used in this -------------- Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale Pooling and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 4 contracts
Samples: Transfer Agreement (Conseco Finance Corp), Transfer Agreement (Conseco Finance Securitizations Corp), Transfer Agreement (Conseco Finance Securitizations Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the each other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Cit Funding Co, LLC), Pooling and Servicing Agreement (Cit Equipment Collateral 2006-Vt2), Pooling and Servicing Agreement (CIT Equipment Collateral 2006-Vt1)
Usage of Terms. With respect to all terms used in this the Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1), Nationscredit Grantor Trust 1997-2
Usage of Terms. With respect to all terms used in this the Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into effected in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Usaa Federal Savings Bank), Pooling and Servicing Agreement (Usaa Federal Savings Bank), Pooling and Servicing Agreement (Usaa Federal Savings Bank)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the each other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation”.”
Appears in 3 contracts
Samples: Trust Agreement (CIT Equipment Collateral 2008-Vt1), Trust Agreement (Cit Equipment Collateral 2006-Vt2), Trust Agreement (Cit Funding Co, LLC)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Paragon Auto Receivables Corp), Receivables Purchase Agreement (Paragon Auto Receivables Corp), Depositor Purchase Agreement (Prudential Securities Secured Financing Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”this
Appears in 3 contracts
Samples: Sale and Servicing Agreement (WFS Financial Auto Loans Inc), Sale and Servicing Agreement (WFS Financial Auto Loans Inc), Sale and Servicing Agreement (WFS Financial Auto Loans Inc)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; , words importing any gender include the other gender; , references to “"writing” " include printing, typing, printing typing lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 3 contracts
Samples: Sale and Servicing Agreement (First Enterprise Financial Group Inc), Sale and Servicing Agreement (First Enterprise Financial Group Inc), Sale and Servicing Agreement (First Enterprise Financial Group Inc)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Bluegreen Corp), Master Loan Agency Agreement (Ace Cash Express Inc/Tx), Sale and Servicing Agreement (Bluegreen Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 3 contracts
Samples: Contribution Agreement (Prudential Securities Secured Financing Corp), Contribution Agreement (Prudential Securities Secured Financing Corp), Purchase Agreement and Assignment (Prudential Securities Secured Financing Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”
Appears in 3 contracts
Samples: Sale and Servicing Agreement, Membership Interest Purchase Agreement (DT Acceptance Corp), Sale and Servicing Agreement (DriveTime Automotive, Inc.)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”" ARTICLE II CONVEYANCE OF RECEIVABLES
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”term "
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation)
Usage of Terms. With respect to all terms used in this the Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1997-4), Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 2 contracts
Samples: Receivables Transfer Agreement (Trendwest Resorts Inc), Receivables Transfer Agreement (Trendwest Resorts Inc)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”their
Appears in 2 contracts
Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural includes the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and permitted assigns; and the terms “include” or term “including” mean “include without limitation” or “means including without limitation.”
Appears in 1 contract
Usage of Terms. With respect to all terms used in this Agreement, the Agreement the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 1 contract
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”” 2.SUBSERVICING
Appears in 1 contract
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a permanent visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “term "including " means "including without limitation".”
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Resource America Inc)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural includes the singular; , words importing any gender include the other gender; genders, references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; , references to agreements and other contractual instruments include all subsequent amendments amendments, modifications or supplements thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; , references to Persons include their permitted successors and assigns; , and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Reliance Acceptance Group Inc)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” a writing include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation".”
Appears in 1 contract
Samples: Purchase and Servicing Agreement (Mego Financial Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any either gender include the other gender; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bay View Securitization Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural includes the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"; the words "herein", "hereof" and
Appears in 1 contract
Samples: Sale and Servicing Agreement (National Auto Finance Co Inc)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, facsimile, electronic transmissions and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto hereto or changes therein herein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”
Appears in 1 contract
Samples: License Agreement (Protective Life Secured Trust 2003-1)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” "electronic" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 1 contract
Samples: Trust and Servicing Agreement (Uacsc 2002-a Owner TRST Auto Receivable Back Nt)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the each other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”references
Appears in 1 contract
Usage of Terms. With respect to all terms used in -------------- this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”not
Appears in 1 contract
Samples: Servicing Agreement (Mail Well Inc)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”” SECTION 1.3.
Appears in 1 contract
Samples: Backup Servicing Agreement Backup Servicing Agreement
Usage of Terms. With respect to all terms used in this -------------- Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation".”
Appears in 1 contract
Samples: Owner Trust Agreement (Auto Nations Receivables Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ace Securities Corp)
Usage of Terms. With respect to all terms used in this Agreement, -------------- the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Transamerica Consumer Mortgage Receivables Corp)
Usage of Terms. With respect to all terms used in this the Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ford Credit Auto Receivables Corp)
Usage of Terms. With respect to all terms used in this Agreement, Agreement the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, optical imaging, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “including without limitation.”"
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HFC Revolving Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms term “include” or “including” mean “include without limitation” or “including without limitation.”
Appears in 1 contract
Samples: Trust Agreement (BBX Capital Corp)
Usage of Terms. With respect to all terms used in -------------- this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 1 contract
Samples: Purchase Agreement (Americredit Financial Services Inc)
Usage of Terms. With respect to all terms used in this ---------------- Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation.”"
Appears in 1 contract
Samples: Master Loan Agency Agreement (Community West Bancshares /)
Usage of Terms. With respect to all terms used in this -------------- Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 1 contract
Samples: Sale and Servicing Agreement (First Security Bank Na)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”term "
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural includes the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”; "the words
Appears in 1 contract
Samples: Sale and Servicing Agreement (National Auto Finance Co Inc)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation”.”
Appears in 1 contract
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean means “include without limitation” or “including including, without limitation.”
Appears in 1 contract
Samples: Backup Servicing Agreement (Credit Acceptance Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments, amendments and restatements and supplements thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”references to
Appears in 1 contract
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2003-C Owner Trust)
Usage of Terms. With respect to all terms used in this Agreement, -------------- the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “"writing” " include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation".”
Appears in 1 contract
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale Sales and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 1 contract
Samples: Owner Trust Purchase Agreement (Prudential Securities Secured Financing Corp)
Usage of Terms. With respect to all terms used in this Agreement, : (i) the singular includes the plural and the plural includes the singular; , (ii) words importing any gender include the other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; , (iii) references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; therein, (iv) references to Persons include their permitted successors and assigns; permitted assigns and (v) the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”
Appears in 1 contract
Samples: Trust Agreement (Cantor Fitzgerald Income Trust, Inc.)
Usage of Terms. With respect to all terms used in this Agreement, ----------------- the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Receivables Financing Agreement; references to Persons include their permitted successors and assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 1 contract
Samples: Master Receivables Purchase Agreement (Americredit Financial Services of Canada LTD)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation”.”
Appears in 1 contract
Samples: Trust Agreement (BBX Capital Corp)
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; , words importing any gender include the other gender; , references to “"writing” " include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and permitted assigns; and the terms “"include” " or “"including” " mean “"include without limitation” " or “"including without limitation.”"
Appears in 1 contract
Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include including printing, typing, lithography, lithography and other means of reproducing words in a visible form, including electronic facsimiles and photocopies; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”
Appears in 1 contract
Samples: Participation and Servicing Agreement (Check Mart of New Mexico Inc)
