Common use of Authorization and No Contravention Clause in Contracts

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement to which the Servicer is a party or by which its properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 97 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-2)

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Authorization and No Contravention. The execution, delivery and performance by the Servicer Seller of the each Transaction Documents Document to which it is a party and the Underwriting Agreement (i) have been duly authorized by all necessary action on the part of the Servicer Seller and (ii) do not contravene violate or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) any material indenture or material agreement to which the Servicer Seller is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documentsinstruments, indentures agreements or agreements documents which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerSeller’s ability to perform its obligations under, the Transaction DocumentsDocuments to which it is a party or the Underwriting Agreement).

Appears in 72 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Drive Auto Receivables Trust 2021-3), Trust Agreement (Drive Auto Receivables Trust 2021-3)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Xxxxxxx of the Transaction Documents to which it is a party have been duly authorized by all necessary limited liability company action on the part of the Servicer Xxxxxxx and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer Xxxxxxx is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures indentures, agreements or agreements instruments which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s Xxxxxxx’x ability to perform its obligations under, the Transaction Documentsthis Agreement).

Appears in 61 contracts

Samples: Asset Representations Review Agreement (Capital One Prime Auto Receivables Trust 2023-2), Asset Representations Review Agreement (Capital One Prime Auto Receivables Trust 2023-2), Asset Representations Review Agreement (Santander Drive Auto Receivables Trust 2023-1)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer is a party or by which its properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 36 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Depositor of the each Transaction Documents Document to which it is a party and the Underwriting Agreement (i) have been duly authorized by all necessary action on the part of the Servicer Depositor and (ii) do not contravene violate or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) any material indenture or material agreement to which the Servicer Depositor is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documentsinstruments, indentures agreements or agreements documents which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerDepositor’s ability to perform its obligations under, the Transaction DocumentsDocuments to which it is a party or the Underwriting Agreement).

Appears in 28 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables Trust 2024-3), Trust Agreement (Santander Drive Auto Receivables Trust 2024-3), Trust Agreement (Santander Drive Auto Receivables Trust 2024-2)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party this Agreement (i) have been duly authorized by all necessary action on the part of the Servicer and (ii) do not contravene or constitute a default under (iA) any applicable law, rule or regulationApplicable Law, (iiB) its organizational documents or (iiiC) any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are bound, in each case, property is subject (other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and or which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documentsthis Agreement).

Appears in 27 contracts

Samples: Servicing Agreement (Carvana Auto Receivables Trust 2024-P2), Servicing Agreement (Carvana Auto Receivables Trust 2024-P2), Servicing Agreement (Carvana Auto Receivables Trust 2022-P3)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer is a party or by which its properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures indentures, agreements or agreements instruments which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 19 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party this Agreement (i) have been duly authorized by all necessary action on the part of the Servicer and (ii) do not contravene or constitute a default under (iA) any applicable order, law, rule or regulation, (iiB) its organizational documents or (iiiC) any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are bound, in each case, property is subject (other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and or which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documentsthis Agreement).

Appears in 17 contracts

Samples: Servicing Agreement (Capital One Prime Auto Receivables Trust 2023-2), Servicing Agreement (Capital One Prime Auto Receivables Trust 2023-2), Servicing Agreement (Capital One Prime Auto Receivables Trust 2023-1)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Seller of the each Transaction Documents Document to which it is a party and the Underwriting Agreement (i) have been duly authorized by all necessary action on the part of the Servicer Seller and (ii) do not contravene violate or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents instruments or (iiiC) any material indenture agreement or material agreement instrument to which the Servicer Seller is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documentsinstruments, indentures agreements or agreements instruments which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerSeller’s ability to perform its obligations under, the Transaction DocumentsDocuments to which it is a party).

Appears in 14 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer is a party or by which its properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in if the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 14 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Capital One Auto Receivables LLC), Sale and Servicing Agreement (Capital One Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by each of the Servicer and COAF of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and COAF and do not contravene or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) any material indenture or material agreement or instrument to which the Servicer or COAF is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in if the aggregate, and would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documentsreasonably result in a Material Adverse Change.

Appears in 12 contracts

Samples: Insurance Agreement (Capital One Auto Receivables LLC), Insurance Agreement (Capital One Auto Finance Trust 2007-C), Insurance Agreement (Capital One Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Seller of the Underwriting Agreement and each Transaction Documents Document to which it is a party (i) have been duly authorized by all necessary action on the part of the Servicer Seller and (ii) do not contravene violate or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents instruments or (iiiC) any material indenture or material agreement or instrument to which the Servicer Seller is a party or by which it its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures indenture or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerSeller’s ability to perform its obligations under, the Transaction DocumentsDocuments to which it is a party).

Appears in 12 contracts

Samples: Trust Agreement (Capital One Auto Receivables LLC), Trust Agreement (Capital One Auto Receivables LLC), Trust Agreement (Capital One Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Depositor of the each Transaction Documents Document to which it is a party (i) have been duly authorized by all necessary limited liability company action on the part of the Servicer Depositor and (ii) do not contravene or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents instruments or (iiiC) any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are boundproperty is subject (other than, in each casethe case of clauses (A), other than (B) and (C), violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerDepositor’s ability to perform its obligations under, the Transaction DocumentsDocuments to which it is a party).

Appears in 11 contracts

Samples: Trust Agreement (Fifth Third Auto Trust 2023-1), Trust Agreement (Fifth Third Auto Trust 2023-1), Trust Agreement (Fifth Third Holdings Funding, LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer FTH LLC of the Transaction Documents to which it is a party (i) have been duly authorized by all necessary limited liability company action on the part of the Servicer FTH LLC and (ii) do not contravene or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are boundproperty is subject (other than, in each casethe case of clauses (A), other than (B) and (C), violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerFTH LLC’s ability to perform its obligations under, the Transaction Documents).

Appears in 11 contracts

Samples: Purchase Agreement (Fifth Third Auto Trust 2023-1), Purchase Agreement (Fifth Third Auto Trust 2023-1), Purchase Agreement (Fifth Third Holdings Funding, LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party (i) have been duly authorized by all necessary action on the part of the Servicer and (ii) do not contravene or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are boundproperty is subject (other than, in each casethe case of clauses (A), other than (B) and (C), violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents).

Appears in 11 contracts

Samples: Servicing Agreement (Fifth Third Auto Trust 2023-1), Servicing Agreement (Fifth Third Auto Trust 2023-1), Servicing Agreement (Fifth Third Holdings Funding, LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Seller of the each Transaction Documents Document to which it is a party and the Underwriting Agreement (i) have been duly authorized by all necessary action on the part of the Servicer Seller and (ii) do not contravene violate or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents instruments or (iiiC) any material indenture agreement or material agreement instrument to which the Servicer Seller is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documentsinstruments, indentures agreements or agreements instruments which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerSeller’s ability to perform its obligations under, the Transaction DocumentsDocuments to which it is a party or the Underwriting Agreement).

Appears in 10 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Seller of the Transaction Documents to which it is a party (i) have been duly authorized by all necessary limited liability company action on the part of the Servicer Seller and (ii) do not contravene or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are boundproperty is subject (other than, in each casethe case of clauses (A), other than (B) and (C), violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerSeller’s ability to perform its obligations under, the Transaction Documents).

Appears in 9 contracts

Samples: Sale Agreement (Fifth Third Auto Trust 2023-1), Sale Agreement (Fifth Third Auto Trust 2023-1), Sale Agreement (Fifth Third Holdings Funding, LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Depositor of the each Transaction Documents Document to which it is a party and the Underwriting Agreement (i) have been duly authorized by all necessary action on the part of the Servicer Depositor and (ii) to its knowledge, do not contravene violate or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) any material indenture or material agreement to which the Servicer Depositor is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documentsinstruments, indentures agreements or agreements documents which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerDepositor’s ability to perform its obligations under, the Transaction DocumentsDocuments to which it is a party or the Underwriting Agreement).

Appears in 9 contracts

Samples: Trust Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3), Trust Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3), Trust Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and and, to its knowledge, do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement to which the Servicer is a party or by which its properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 9 contracts

Samples: Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3), Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3), Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Issuer of the Transaction Documents to which it is a party have been duly authorized by all necessary statutory trust action on the part of the Servicer and Issuer and, to its knowledge, do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement to which the Servicer Issuer is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerIssuer’s ability to perform its obligations under, the Transaction Documents).

Appears in 9 contracts

Samples: Receivables Contribution Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3), Receivables Contribution Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3), Receivables Contribution Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer is a party or by which its properties are bound, in each case, case other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in if the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2006-2), Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2007-1), Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2007-2)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents).

Appears in 6 contracts

Samples: Servicing Agreement (Bank of America Auto Receivables Securitization, LLC), Servicing Agreement (Bank of America Auto Trust 2012-1), Servicing Agreement (Bank of America Auto Trust 2012-1)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer is a party or by which its properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Depositor of the each Transaction Documents Document to which it is a party and the Underwriting Agreement (i) have been duly authorized by all necessary action on the part of the Servicer Depositor and (ii) do not contravene violate or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents instruments or (iiiC) any material indenture or material agreement or instrument to which the Servicer Depositor is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures indenture or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerDepositor’s ability to perform its obligations under, the Transaction DocumentsDocuments to which it is a party and the Underwriting Agreement).

Appears in 6 contracts

Samples: Trust Agreement (Bank of America Auto Receivables Securitization, LLC), Trust Agreement (Bank of America Auto Trust 2012-1), Trust Agreement (Bank of America Auto Trust 2012-1)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents this Agreement and each Program Portfolio Schedule to which it is a party have been duly authorized by all necessary corporate action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures indentures, agreements or agreements instruments which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documentsthis Agreement and each Program Portfolio Schedule).

Appears in 4 contracts

Samples: Servicing Agreement (Santander Drive Auto Receivables LLC), Servicing Agreement (Santander Drive Auto Receivables LLC), Servicing Agreement (Santander Drive Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer [ ] of the Transaction Documents to which it is a party have been duly authorized by all necessary [ ] action on the part of the Servicer [ ] and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer [ ] is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures indentures, agreements or agreements instruments which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer[ ]’s ability to perform its obligations under, the Transaction Documentsthis Agreement).

Appears in 4 contracts

Samples: Asset Representations Review Agreement (Santander Drive Auto Receivables LLC), Asset Representations Review Agreement (Santander Drive Auto Receivables LLC), Asset Representations Review Agreement (Huntington Funding, LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer [ ] of the Transaction Documents to which it is a party have been duly authorized by all necessary corporate action on the part of the Servicer [ ] and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer [ ] is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures indentures, agreements or agreements instruments which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer[ ]’s ability to perform its obligations under, the Transaction Documentsthis Agreement).

Appears in 3 contracts

Samples: Asset Representations Review Agreement (Santander Drive Auto Receivables LLC), Asset Representations Review Agreement (Santander Drive Auto Receivables LLC), Asset Representations Review Agreement (Santander Drive Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement to which the Servicer is a party or by which its properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.. 24 Sale and Servicing Agreement (SDART 2020-4)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2020-4), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2020-4)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement to which the Servicer is a party or by which its 24 Sale and Servicing Agreement (SDART 2022-2) properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-2)

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Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party (i) have been duly authorized by all necessary action on the part of the Servicer and (ii) do not contravene or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are bound, in each case, property is subject (other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.). Sale & Servicing Agreement (VALET 2010-1) 20

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2010-1), Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2010-1)

Authorization and No Contravention. The execution, delivery and performance by the Initial Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement to which the Initial Servicer is a party or by which its properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Americas Carmart Inc), Sale and Servicing Agreement (Americas Carmart Inc)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement to which the Servicer is a party or by which its 24 Sale and Servicing Agreement (SDART 2020-2) properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2020-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2020-2)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Seller of the Transaction Documents to which it is a party (i) have been duly authorized by all necessary limited liability company action on the part of the Servicer Seller and (ii) do not contravene or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are boundproperty is subject (other than, in each casethe case of clauses (A), other than (B) and (C), violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerSeller’s ability to perform its obligations under, the Transaction Documents.). (20[ ]-[ ])

Appears in 2 contracts

Samples: Sale Agreement (Fifth Third Holdings Funding, LLC), Sale Agreement (Fifth Third Holdings Funding, LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in if the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2004-2), Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2004-1)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement to which the Servicer is a party or by which its 24 Sale and Servicing Agreement (SDART 2022-3) properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-3)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Xxxxxxx of the Transaction Documents to which it is a party have been duly authorized by all necessary corporate action on the part of the Servicer Xxxxxxx and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer Xxxxxxx is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures indentures, agreements or agreements instruments which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s Xxxxxxx’x ability to perform its obligations under, the Transaction Documentsthis Agreement).

Appears in 2 contracts

Samples: Asset Representations Review Agreement (Santander Drive Auto Receivables LLC), Asset Representations Review Agreement (Santander Drive Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Seller of the Underwriting Agreement and each Transaction Documents Document to which it is a party (i) have been duly authorized by all necessary action on the part of the Servicer Seller and (ii) do not contravene or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents instruments or (iiiC) any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are bound, in each case, property is subject (other than violations of such laws, rules, regulations, organizational documents, indentures indenture or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerSeller’s ability to perform its obligations under, the Transaction DocumentsDocuments to which it is a party).

Appears in 2 contracts

Samples: Trust Agreement (Citizens Auto Receivables, LLC), Trust Agreement (Bas Securitization LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement to which the Servicer is a party or by which its 24 Sale and Servicing Agreement (SDART 2022-4) properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-4), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-4)

Authorization and No Contravention. The execution, delivery and performance by the Servicer [Originator] of the Transaction Documents to which it is a party (i) have been duly authorized by all necessary action on the part of the Servicer [Originator] and (ii) do not contravene or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) ([Originator]) (20[ ]-[ ]) any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are bound, in each case, property is subject (other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer[Originator]’s ability to perform its obligations under, the Transaction Documents).

Appears in 1 contract

Samples: Receivables Sale Agreement (Fifth Third Holdings Funding, LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement to which the Servicer is a party or by which its properties are bound, in each case, other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.. 26 Sale and Servicing Agreement (20[ ]-[ ])

Appears in 1 contract

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party have been duly authorized by 20 Sale and Servicing Agreement (2004-3) all necessary action on the part of the Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer is a party or by which its properties are bound, in each case, case other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in if the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2004-3)

Authorization and No Contravention. The execution, delivery and performance by the Servicer of the Transaction Documents to which it is a party (i) have been duly authorized by all necessary action on the part of the Servicer and (ii) do not contravene or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) Sale & Servicing Agreement (VALET 2008-1) 21 any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are bound, in each case, property is subject (other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s ability to perform its obligations under, the Transaction Documents).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2008-1)

Authorization and No Contravention. The execution, delivery and performance by the Servicer [ARR] of the Transaction Documents to which it is a party have been duly authorized by all necessary limited liability company action on the part of the Servicer [ARR] and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Servicer [ARR] is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures indentures, agreements or agreements instruments which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer[ARR]’s ability to perform its obligations under, the Transaction Documentsthis Agreement).

Appears in 1 contract

Samples: Asset Representations Review Agreement (Capital One Auto Receivables LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Depositor of each Transaction Document and the Transaction Documents Underwriting Agreement to which it is a party (i) have been duly authorized by all necessary action on the part of the Servicer Depositor and (ii) do not contravene violate or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents instruments or (iiiC) any material indenture or material agreement or instrument to which the Servicer Depositor is a party or by which it its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures indenture or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerDepositor’s ability to perform its obligations under, the Transaction DocumentsDocuments to which it is a party).

Appears in 1 contract

Samples: Trust Agreement (SunTrust Auto Receivables, LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Seller of the each Transaction Documents Document to which it is a party (i) have been duly authorized 19 Sale and Servicing Agreement (USAA 20[ ]-[ ]) by all necessary limited liability company action on the part of the Servicer Seller and (ii) do not contravene or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents or (iiiC) any material indenture agreement, contract, order or material agreement other instrument to which the Servicer it is a party or by which its properties are bound, in each case, property is subject (other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the ServicerSeller’s ability to perform its obligations under, the Transaction Documents).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Usaa Acceptance LLC)

Authorization and No Contravention. The execution, delivery and performance by the Servicer Seller of each Transaction Document and the Transaction Documents Underwriting Agreement to which it is a party (i) have been duly authorized by all necessary action on the part of the Servicer Seller and (ii) do not contravene violate or constitute a default under (iA) any applicable law, rule or regulation, (iiB) its organizational documents instruments or (iiiC) any material indenture or material agreement or instrument to which the Servicer Seller is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures indenture or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Servicer’s Seller's ability to perform its obligations under, the Transaction DocumentsDocuments to which it is a party).

Appears in 1 contract

Samples: Trust Agreement (Banc of America Securities Auto Trust 2005-Wf1)

Authorization and No Contravention. The execution, delivery and performance by the Master Servicer of the Transaction Documents to which it is a party have been duly authorized by all necessary action on the part of the Master Servicer and do not contravene or constitute a default under (i) any applicable law, rule or regulation, (ii) its organizational documents or (iii) any material indenture or material agreement or instrument to which the Master Servicer is a party or by which its properties are bound, in each case, bound (other than violations of such laws, rules, regulations, organizational documents, indentures or agreements which do not affect the legality, validity or enforceability of any of such agreements and which, individually or in the aggregate, would not materially and adversely affect the transactions contemplated by, or the Master Servicer’s ability to perform its obligations under, the Transaction Documents).

Appears in 1 contract

Samples: Master Servicing Agreement (Banc of America Securities Auto Trust 2006-G1)

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