Asset Review Process Limitations. The Asset Representations Reviewer will have no obligation: (i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Noteholders has voted to direct an Asset Review under the Indenture, and is entitled to rely on the information in any Asset Review Notice delivered by the Indenture Trustee; (ii) to determine which Receivables are subject to an Asset Review, and is entitled to rely on the lists of Asset Review Receivables provided by the Servicer; (iii) to obtain or confirm the validity of the Asset Review Materials and no liability for any errors contained in the Asset Review Materials and will be entitled to rely on the accuracy and completeness of the Asset Review Materials; (iv) to obtain missing or insufficient Asset Review Materials from any party or any other source; (v) to take any action or cause any other party to take any action under any of the Program Documents or otherwise to enforce any remedies against any Person for breaches of representations or warranties about the Asset Review Receivables. (vi) to determine the reason for the delinquency of any Asset Review Receivable, the creditworthiness of any Obligor, the overall quality of any Asset Review Receivable or the compliance by the Servicer with its covenants with respect to the servicing of such Asset Review Receivable; or (vii) to establish cause, materiality or recourse for any failed Test as described in Section 3.4.
Appears in 56 contracts
Samples: Asset Representations Review Agreement (GM Financial Automobile Leasing Trust 2024-3), Asset Representations Review Agreement (GM Financial Automobile Leasing Trust 2024-3), Asset Representations Review Agreement (GM Financial Automobile Leasing Trust 2024-2)
Asset Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Noteholders has voted to direct an Asset Review under the Indenture, and is entitled to rely on the information in any Asset Review Notice delivered by the Indenture Trustee;
(ii) to determine which Receivables are subject to an Asset Review, and is entitled to rely on the lists of Asset Review Receivables provided by the Servicer;
(iii) to obtain or confirm the validity of the Asset Review Materials and no liability for any errors contained in the Asset Review Materials and will be entitled to rely on the accuracy and completeness of the Asset Review Materials;
(iv) to obtain missing or insufficient Asset Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under any of the Program Basic Documents or otherwise to enforce any remedies against any Person for breaches of representations or warranties about the Asset Review Receivables.;
(vi) to determine the reason for the delinquency of any Asset Review Receivable, the creditworthiness of any Obligor, the overall quality of any Asset Review Receivable or the compliance by the Servicer with its covenants with respect to the servicing of such Asset Review Receivable; or
(vii) to establish cause, materiality or recourse for any failed Test as described in Section 3.4.
Appears in 54 contracts
Samples: Asset Representations Review Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Asset Representations Review Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3), Asset Representations Review Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3)
Asset Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Noteholders has voted to direct an Asset Review under the Indenture, and is entitled to rely on the information in any Asset Review Notice delivered by the Indenture Trustee;
(ii) to determine which Receivables are subject to an Asset Review, and is entitled to rely on the lists of Asset Review Receivables provided by the Servicer;
(iii) to obtain or confirm the validity of the Asset Review Materials and no liability for any errors contained in the Asset Review Materials and will be entitled to rely on the accuracy and completeness of the Asset Review Materials;
(iv) to obtain missing or insufficient Asset Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under any of the Program Basic Documents or otherwise to enforce any remedies against any Person for breaches of representations or warranties about the Asset Review Receivables.;
(vi) to determine the reason for the delinquency of any Asset Review Receivable, the creditworthiness of any Obligor, the overall quality of any Asset Review Receivable or the compliance by the Servicer with its covenants with respect to the servicing of such Asset Review Receivable; or
(vii) to establish cause, materiality or recourse for any failed Test as described in Section 3.4.
Appears in 18 contracts
Samples: Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2020-1), Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2020-1), Asset Representations Review Agreement (AmeriCredit Automobile Receivables Trust 2019-2)
Asset Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Noteholders Certificateholders has voted to direct an Asset Review under the IndentureTrust Agreement, and is entitled to rely on the information in any Asset Review Notice delivered by the Indenture Trustee;
(ii) to determine which Receivables Agency Securities are subject to an Asset Review, and is entitled to rely on the lists of Asset Review Receivables Securities provided by the ServicerTrustee;
(iii) to obtain or confirm the validity of the Asset Review Materials and no liability for any errors contained in the Asset Review Materials and will be entitled to rely on the accuracy and completeness of the Asset Review Materials;
(iv) to obtain missing or insufficient Asset Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under any of the Program Basic Documents or otherwise to enforce any remedies against any Person for breaches of representations or warranties about the Asset Review Receivables.Securities;
(vi) to determine the reason for the delinquency of any Asset Review Receivable, the creditworthiness of any ObligorSecurity, the overall quality of any Asset Review Receivable Security or the compliance by the Servicer Trustee with its covenants with respect to the servicing of such Asset Review ReceivableSecurity; or
(vii) to establish cause, materiality or recourse for any failed Test as described in Section 3.4.
Appears in 2 contracts
Samples: Asset Representations Review Agreement (GNMAG Asset Backed Securitizations, LLC), Asset Representations Review Agreement (GNMAG Asset Backed Securitizations, LLC)
Asset Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Noteholders has voted to direct an a Asset Review under the Indenture, and is entitled to rely on the information in any Asset Review Notice delivered by the Indenture Trustee;
(ii) to determine which Receivables are subject to an Asset Review, and is entitled to rely on the lists of Asset Review Receivables provided by the Servicer;
(iii) to obtain or confirm the validity of the Asset Review Materials and no liability for any errors contained in the Asset Review Materials and will be entitled to rely on the accuracy and completeness of the Asset Review Materials;
(iv) to obtain missing or insufficient Asset Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under any of the Program Basic Documents or otherwise to enforce any remedies against any Person for breaches of representations or warranties about the Asset Review Receivables.
(vi) to determine the reason for the delinquency of any Asset Review Receivable, the creditworthiness of any Obligor, the overall quality of any Asset Review Receivable or the compliance by the Servicer with its covenants with respect to the servicing of such Asset Review Receivable; or
(vii) to establish cause, materiality or recourse for any failed Test as described in Section 3.4.
Appears in 2 contracts
Samples: Asset Representations Review Agreement (Efcar, LLC), Asset Representations Review Agreement (Efcar, LLC)
Asset Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Noteholders has voted to direct an a Asset Review under the Indenture, and is entitled to rely on the information in any Asset Review Notice delivered by the Indenture Trustee;
(ii) to determine which Receivables are subject to an Asset Review, and is entitled to rely on the lists of Asset Review Receivables provided by the Servicer;
(iii) to obtain or confirm the validity of the Asset Review Materials and no liability for any errors contained in the Asset Review Materials and will be entitled to rely on the accuracy and completeness of the Asset Review Materials;
(iv) to obtain missing or insufficient Asset Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under any of the Program Basic Documents or otherwise to enforce any remedies against any Person for breaches of representations or warranties about the Asset Review Receivables.
(vi) to determine the reason for the delinquency of any Asset Review Receivable, the creditworthiness of any Obligor, the overall quality of any Asset Review Receivable or the compliance by the Servicer with its covenants with respect to the servicing of such Asset Review Receivable; or
(vii) to establish cause, materiality or recourse for any failed Test as described in Section 3.4.
Appears in 1 contract
Samples: Asset Representations Review Agreement (AFS SenSub Corp.)
Asset Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Noteholders has voted to direct an Asset Review under the Indenture, and is entitled to rely on the information in any Asset Review Notice delivered by the Indenture Trustee;
(ii) to determine which Receivables are subject to an Asset Review, and is entitled to rely on the lists of Asset Review Receivables provided by the Servicer;
(iii) to obtain or confirm the validity of the Asset Review Materials and no liability for any errors contained in the Asset Review Materials and will be entitled to rely on the accuracy and completeness of the Asset Review Materials;
(iv) to obtain missing or insufficient Asset Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under any of the Program Basic Documents or otherwise to enforce any remedies against any Person for breaches of representations or warranties about the Asset Review Receivables.
(vi) to determine the reason for the delinquency of any Asset Review Receivable, the creditworthiness of any Obligor, the overall quality of any Asset Review Receivable or the compliance by the Servicer with its covenants with respect to the servicing of such Asset Review Receivable; or
(vii) to establish cause, materiality or recourse for any failed Test as described in Section 3.4.
Appears in 1 contract
Samples: Asset Representations Review Agreement (AFS SenSub Corp.)
Asset Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Dealer Ratings Trigger has occurred or whether the required percentage of Noteholders or Beneficial Owners of a Shelf-Eligible Series has voted to direct an Asset Review under the Indenture, and is entitled to rely on the information in any Asset Review Notice delivered by the Indenture Trustee;
(ii) to determine which Receivables are subject to an Asset Review, and is entitled to rely on the lists of Asset Review Receivables provided by the Servicer;
(iii) to obtain or confirm the validity of the Asset Review Materials and no liability for any errors contained in the Asset Review Materials and will be entitled to rely on the accuracy and completeness of the Asset Review Materials;
(iv) to obtain missing or insufficient Asset Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under any of the Program Basic Documents or otherwise to enforce any remedies against any Person for breaches of representations or warranties about the Asset Review Receivables.
(vi) to determine the reason for the delinquency of any Asset Review Receivable, the creditworthiness of any Obligor, the overall quality of any Asset Review Receivable or the compliance by the Servicer with its covenants with respect to the servicing of such Asset Review Receivable; or
(vii) to establish cause, materiality or recourse for any failed Test as described in Section 3.4.
Appears in 1 contract
Samples: Asset Representations Review Agreement (GMF Floorplan Owner Revolving Trust)
Asset Review Process Limitations. The Asset Representations Reviewer will have no obligation:
(i) to determine whether a Delinquency Trigger has occurred or whether the required percentage of Noteholders has voted to direct an a Asset Review under the Indenture, and is entitled to rely on the information in any Asset Review Notice delivered by the Indenture Trustee;
(ii) to determine which Receivables are subject to an Asset Review, and is entitled to rely on the lists of Asset Review Receivables provided by the Servicer;
(iii) to obtain or confirm the validity of the Asset Review Materials and no liability for any errors contained in the Asset Review Materials and will be entitled to rely on the accuracy and completeness of the Asset Review Materials;
(iv) to obtain missing or insufficient Asset Review Materials from any party or any other source;
(v) to take any action or cause any other party to take any action under any of the Program Documents or otherwise to enforce any remedies against any Person for breaches of representations or warranties about the Asset Review Receivables.
(vi) to determine the reason for the delinquency of any Asset Review Receivable, the creditworthiness of any Obligor, the overall quality of any Asset Review Receivable or the compliance by the Servicer with its covenants with respect to the servicing of such Asset Review Receivable; or
(vii) to establish cause, materiality or recourse for any failed Test as described in Section 3.4.
Appears in 1 contract
Samples: Asset Representations Review Agreement (ACAR Leasing Ltd.)