Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 60 contracts
Samples: Limited Liability Company Agreement (Santander Drive Auto Receivables LLC), Limited Liability Company Agreement, Limited Liability Company Agreement (Santander Drive Auto Receivables LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 30 contracts
Samples: Limited Liability Company Agreement (Vw Credit Leasing LTD), Limited Liability Company Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Limited Liability Company Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 27, 30 and 3132, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 12 contracts
Samples: Limited Liability Company Agreement (Bridgecrest Auto Funding LLC), Limited Liability Company Agreement (Capital One Auto Receivables LLC), Limited Liability Company Agreement (Capital One Auto Receivables LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 27, 30 and 3132, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsManagers, in accordance with its terms. In addition, the Independent Directors Managers shall be intended beneficiaries of this Agreement.
Appears in 8 contracts
Samples: Limited Liability Company Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Limited Liability Company Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Limited Liability Company Agreement (Nissan Master Owner Trust Receivables)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 2011, 2112, 22, 23, 24, 25, 26, 29 28, 31 and 3133, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the any Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 7 contracts
Samples: Limited Liability Company Agreement (Fifth Third Holdings Funding, LLC), Limited Liability Company Agreement (Fifth Third Holdings Funding, LLC), Limited Liability Company Agreement (Fifth Third Holdings Funding, LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 6, 7, 8, 9, 1019, 20, 21, 22, 23, 2425, 26, 29 28 and 3130, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the each Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 6 contracts
Samples: Second Amended and Restated Series 2013 B Supplement (Hertz Corp), Amended and Restated Series Supplement (Hertz Global Holdings Inc), Amended and Restated Series Supplement (Hertz Global Holdings Inc)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 26 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (Sce Funding LLC), Limited Liability Company Agreement (Sdg&e Funding LLC a De Limited Liability Co), Limited Liability Company Agreement (Cherokee Inc)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsManagers, in accordance with its terms. In addition, the Independent Directors Managers shall be intended beneficiaries of this Agreement.
Appears in 6 contracts
Samples: Limited Liability Company Operating Agreement (American Capital Strategies LTD), Limited Liability Company Operating Agreement (American Capital Strategies LTD), Limited Liability Company Operating Agreement (American Capital Strategies LTD)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, includingincluding without limitation Articles 1, without limitation3, Sections 7, 8, 94, 10, 2011, 21, 22, 23, 24, 26, 29 and 31, 12 and Sections 13.2 and 13.7 constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsManager, in accordance with its terms. In addition, the Independent Directors Manager shall be an intended beneficiaries of beneficiary to this Agreement.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (3650 REIT Commercial Mortgage Securities II LLC), Limited Liability Company Agreement (3650 REIT Commercial Mortgage Securities II LLC), Limited Liability Company Agreement (3650 REIT Commercial Mortgage Securities LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 19, 20, 21, 22, 23, 2425, 2628, 29 and 3130, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Starwood Commercial Mortgage Depositor, LLC), Limited Liability Company Agreement (Education Capital I LLC), Limited Liability Company Agreement (Education Capital I LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 15, 18, 19, 20, 21, 22, 23, 24, 26, 29 27 and 3129, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsManager, in accordance with its terms. In addition, the Independent Directors Manager shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Nuco2 Inc /De), Limited Liability Company Agreement (Nuco2 Inc /De), Limited Liability Company Agreement (Nuco2 Inc /De)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, including Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (WF Card Funding LLC), Limited Liability Company Agreement (WF Card Issuance Trust), Limited Liability Company Agreement (BA Credit Card Trust)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, Manager and the Special Member in accordance with its terms. In addition, the Independent Directors Manager shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Chec Funding LLC), Limited Liability Company Agreement (Terwin Securitization LLC), Limited Liability Company Agreement (Chec Funding LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, -------- - - - -- -- 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement -- -- -- -- -- -- -- of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Amsouth Auto Receivables LLC), Limited Liability Company Agreement (Bond Securitization LLC), Limited Liability Company Agreement (Amsouth Auto Receivables LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Verizon ABS LLC), Limited Liability Company Agreement (American Express Receivables Financing Corp VIII LLC), Limited Liability Company Agreement (Wachovia Mortgage Loan Trust, LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Huntington Auto Trust 2015-1), Limited Liability Company Agreement (Huntington Funding, LLC), Limited Liability Company Agreement (PG&E Energy Recovery Funding LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Primary Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 28, 29, 31, 32, 33, 34, 35 and 3136, constitutes a legal, valid and binding agreement of the Primary Member, and is enforceable against the Primary Member by the Independent DirectorsSpecial Member, in accordance with its terms. In addition, the Independent Directors Special Member shall be the intended beneficiaries beneficiary of this Agreement.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Vivint Solar, Inc.), Limited Liability Company Agreement (Vivint Solar, Inc.), Limited Liability Company Agreement (Vivint Solar, Inc.)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.its
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Usaa Acceptance LLC), Limited Liability Company Agreement (Usaa Acceptance LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 109,10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Safeway Stores 42, Inc.), Limited Liability Company Agreement (Safeway Stores 42, Inc.)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 27, 30 and 3132, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Lehman Brothers Asset Securitization LLC), Limited Liability Company Agreement (Bas Securitization LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsManagers, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 2 contracts
Samples: Cleanup Agreement, Limited Liability Company Agreement (NovaStar Certificates Financing LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 2011, 2112, 22, 23, 24, 25, 26, 29 28, 31 and 3133, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the any Independent DirectorsDirector, in accordance with its terms. In addition, the any person acting as an Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Bank of America Auto Receivables Securitization, LLC), Limited Liability Company Agreement (Bank of America Auto Receivables Securitization, LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be intended beneficiaries of this Agreement.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Credit Suisse Asset Repackaging Depositor LLC), Limited Liability Company Agreement (CSFB Asset Repackaging Depositor LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 11, 12, 18, 19, 20, 21, 22, 23, 24, 26, 29 21(a) and 3121(g), constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 2 contracts
Samples: Lease Agreement (Energy XXI LTD), Lease Agreement (CorEnergy Infrastructure Trust, Inc.)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees Members agree that this Agreement, including, without limitation, Sections 5, 7, 8, 9, 10, 16, 20, 21, 22, 23, 24, 25, 26, 29 and 31, constitutes a legal, valid and binding agreement of the MemberMembers, and is enforceable against the Member Members by the Independent Directors, Manager in accordance with its terms. In addition, the Independent Directors Manager and Lender (so long as any Obligations are outstanding) shall be intended beneficiaries of this Agreement.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Limited Liability Company Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, -------- - - - -- -- 22, 23, 24, 26, 29 27, 30 and 3132, constitutes a legal, valid and binding agreement -- -- -- -- -- -- -- of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Bond Securitization LLC), Limited Liability Company Agreement (Bond Securitization LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 2011, 21, 22, 23, 24, 2625, 29 27, 30 and 3132 of this Agreement, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (SunTrust Mortgage Securitization, LLC), Limited Liability Company Agreement (SunTrust Real Estate Trust, LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 1011, 20, 21, 22, 2314, 24, 25, 26, 29 27, 28, 30, 33 and 3137, constitutes a legal, valid and binding agreement of the Member and the Special Member, and is enforceable against the Member by the Independent Directors, Manager and the Special Member in accordance with its terms. In addition, the Independent Directors Manager shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Nelnet Student Loan Funding LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections SECTIONS 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsManagers, in accordance with its terms. In addition, the Independent Directors Managers shall be intended beneficiaries of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (American Capital Strategies LTD)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid valid, and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the each Independent Directors shall be Director is an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Sierra Pacific Power Co)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement, and Bear Xxxxxxx shall be an intended beneficiary of the Special Purpose Provisions.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Criimi Mae Inc)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsManager, in accordance with its terms. In addition, the Independent Directors Manager shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Volkswagen Dealer Finance LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 2425, 26, 29 28 and 3130, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsManagers, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (San Juan Refining Co.)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 5(c), 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsManager, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (WESTMORELAND COAL Co)
Binding Agreement. Notwithstanding any other provision of this Agreement, the each Member agrees that this Agreement, including, including without limitation, limitation Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the such Member, and is enforceable against the such Member by the Independent DirectorsManager and the Special Member, in accordance with its terms. In addition, the Independent Directors Manager and Special Member shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (BLG Securities Company, LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the each Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 27, 30 and 3132, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Special Members/Independent Directors, in accordance with its terms. In addition, the Special Members/Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Stanwich Asset Acceptance CO LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31n, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Hartman Commercial Properties Reit)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 11, 20, 21, 22, 23, 24, 26, 29 26 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Dealer Auto Receivables Co LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, includingincluding without limitation Sections 6(c), without limitation, Sections 7, 8, 9, 10, 2017, 21, 22, 23, 24, 25, 26, 29 27, 30, 31 and 3132, constitutes a the legal, valid and binding agreement of the Member, and is enforceable against the Member by the each Independent DirectorsDirector, in accordance with its terms. In addition, the each Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Fixed Income Client Solutions LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, -------- - - - -- -- 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement -- -- -- -- -- -- -- of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be intended beneficiaries of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Greenpoint Asset LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 2628, 29 31 and 3133, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Greatamerica Leasing Receivables 2001-1 LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement, and Bear Stearns shall be an intended beneficiary of the Special Purpose Pxxxxxxxns.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Criimi Mae Inc)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 11, 20, 21, 22, 23, 24, 26, 29 26 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (NCT Funding Co LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 29, 31 and 3135, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, Manager in accordance with its terms. In addition, the Independent Directors Managers shall be intended beneficiaries of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (MacKenzie Realty Capital, Inc.)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, includingincluding without limitation Articles 2, without limitation3, Sections 7, 8, 94, 10, 20, 21, 22, 23, 24, 26, 29 11 and 3112 and Sections 13.2 and 13.7, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsManager, in accordance with its terms. In addition, the The Independent Directors shall be Manager is an intended beneficiaries beneficiary of this AgreementSection 13.5.
Appears in 1 contract
Samples: Limited Liability Company Agreement (PPL Montana LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 88 , 99 , 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Hyundai Abs Funding LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, . 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, Manager and the Special Member in accordance with its terms. In addition, the Independent Directors Manager shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (College Loan LLC)
Binding Agreement. Notwithstanding any other provision provisions of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, -------------------- 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding -------------------------- -- agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.its
Appears in 1 contract
Samples: Limited Liability Company Agreement (Capital One Master Trust)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this AgreementSection 30.
Appears in 1 contract
Samples: Limited Liability Company Agreement
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent Directors, Managers and the Special Member in accordance with its terms. In addition, the Independent Directors Managers shall be intended beneficiaries of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Collegiate Funding of Delaware LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the each Member agrees that this Agreement, including, without limitation, Sections SECTIONS 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 27, 30 and 3132, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Special Members/Independent Directors, in accordance with its terms. In addition, the Special Members/Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Taconic Asset Acceptance Company, L.L.C.)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 2016, 2117, 2218, 2319(a), 24, 26, 29 19(e) and 3119(g), constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 7,8,9,10,20,21,22,23,24,26 and 31, constitutes a legal, valid and binding agreement of the Member, and is enforceable against the Member by the Independent DirectorsDirector, in accordance with its terms. In addition, the Independent Directors shall be intended beneficiaries of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Sce Funding LLC)
Binding Agreement. Notwithstanding any other provision of this Agreement, the Member agrees that this Agreement, including, without limitation, Sections 7, 8, 9, 10, 20, 21, 22, 23, 24, 26, 29 and 31, constitutes a legal, valid and binding agreement of the each Member, and is enforceable against the each Member by the Company, acting through each Independent DirectorsDirector, in accordance with its terms. In addition, the each Independent Directors Director shall be an intended beneficiaries beneficiary of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Porsche Auto Funding LLC)
