Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon, and inure to the benefit of, the Buyer and the Originator and their respective successors and assigns. Except as permitted pursuant to Section 7.3(c), the Originator may not assign any of its rights hereunder or any interest herein without the prior written consent of the Buyer and its assignees. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms and shall remain in full force and effect until terminated pursuant hereto. Such termination shall not occur prior to the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Originator pursuant to Article VI and the indemnification and payment provisions of Article X and Section 11.6 and the provisions of Section 11.14 and Section 11.16 shall be continuing and shall survive any termination of this Agreement.
Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon, and inure to the benefit of, ARSC and the Seller and their respective successors and assigns. The Seller may not assign any of its rights hereunder or any interest herein without the prior written consent of ARSC and its assignees. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms and shall remain in full force and effect until terminated pursuant hereto. Such termination shall not occur prior to the Final Payout Date. The rights and remedies with respect to any breach of any representation and warranty made by the Seller pursuant to Article VI and the indemnification and payment provisions of Article X and Section 11.6 and the provisions of Section 11.14, Section 11.16 and Section 11.17 shall be continuing and shall survive any termination of this Agreement.
Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon and inure to the benefit of Xxxxx Fargo, the Sellers and each of their respective successors and permitted assigns. No Seller may assign its rights hereunder or any interest herein without the prior written consent of Xxxxx Fargo. Xxxxx Fargo shall have the right without the consent of or notice to any Seller to (i) sell, transfer or negotiate in all or any part of, or any interest in, Xxxxx Fargo’s obligations, rights and benefits hereunder other than to a Disqualified Assignee, and (ii) grant participations in all or any part of, or any interest in, Xxxxx Fargo’s obligations, rights and benefits hereunder to any Person other than to a Disqualified Assignee. The Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the occurrence of the Collection Date for all Purchased Receivables (except for the continuing obligations under Section 6.2(b)(vii)). Together with any provisions of this Agreement which expressly survive termination of this Agreement, the rights and remedies with respect to any breach of any representation and warranty made by any Seller pursuant to Section 4 hereof, the repurchase obligations and related provisions set forth in Section 3, the rights granted to Xxxxx Fargo pursuant to the servicing provisions in Section 6, and the indemnification and payment provisions of Section 8 hereof shall be continuing and shall survive any termination of this Agreement.
Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon and inure to the benefit of Buyer and the Sellers and their respective successors and permitted assigns. No Seller may assign any of its rights hereunder or any interest herein without the prior written consent of Buyer and the Agent. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the first date following the Purchase Termination Date, on which all Obligations shall have been finally and fully paid and performed or such other time as the parties hereto shall agree and as to which the Agent shall have given its prior written consent, which consent shall not be unreasonably withheld or delayed. The rights and remedies with respect to any breach of any representation and warranty made by a Seller pursuant to Article V or of any covenant made by a Seller in Article VI, the indemnification and payment provisions of Article IX and Section 10.6, and the provisions of Sections 10.3, 10.4, 10.5, 10.7, 10.8, 10.9, 10.11, 10.12, 10.13, and 10.15, shall be continuing and shall survive any termination of this Agreement.
Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon and inure to the benefit of Transferor, Servicer and Trustee and their respective successors and permitted assigns; provided, that Transferor shall not delegate any of its obligations hereunder. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the termination of the Trust pursuant to Section 12.1. The rights and remedies with respect to (a) any breach of any representation and warranty made by Transferor in Section 2.3 or Section 7.1, (b) any breach of any representation and warranty made by Servicer in Section 8.1 and (c) -68- the indemnification and payment provisions in Sections 3.9, 7.3, 8.4, 11.5 and 12.2(b) shall be continuing and shall survive any termination of this Agreement.
Binding Effect; Assignability; Survival of Provisions. This Purchase Agreement shall be binding upon and inure to the benefit of WPS Fincx, Xxller and their respective successors and permitted assigns. Seller may not assign any of its rights hereunder or any interest herein without the prior written consent of WPS Fincx xxx of the Administrator (on Blue Ridge's behalf). This Purchase Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the earlier of (i) the first date following the Purchase Termination Date, (ii) the date on which the Transferee's Total Investment shall have been reduced to zero pursuant to Section 3.02 of the Asset Interest Transfer Agreement, and all Obligations of Seller hereunder shall have been finally and fully paid and performed and (iii) such other later time as the parties hereto shall agree. The rights and remedies with respect to any breach of any representation and warranty made by Seller pursuant to Article V and the indemnification and payment provisions of Article IX and Section 10.6 shall be continuing and shall survive any termination of this Purchase Agreement.
Binding Effect; Assignability; Survival of Provisions. Except as expressly amended by this First Amendment, the Existing Agreement and each of terms remains in full force and effect. This First Amendment, and the Agreement shall be binding upon and inure to the benefit of Xxxxx Fargo, the Sellers and each of their respective successors and permitted assigns.
Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon and inure to the benefit of the Initial Purchaser and KBK and their respective successors and permitted assigns. KBK may not assign any of its rights hereunder or any interest herein without the prior written consent of the Initial Purchaser and the Administrator. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the Final Payout Date or such time as the parties hereto shall agree. The rights and remedies with respect to any breach of any representation and warranty made by KBK pursuant to ARTICLE V and the indemnification and payment provisions of ARTICLE IX and SECTIONS 10.6 and 10.14 shall be continuing and shall survive any termination of this Agreement.
Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon and inure to the benefit of Xxxxx, Supplier and each of their respective successors and permitted assigns. Supplier may not assign its rights hereunder or any interest herein without the prior written consent of Xxxxx. Xxxxx shall have the right without notice to or consent of Supplier to sell, transfer, subdivide, negotiate or grant participations in all or any part of the interests of Xxxxx in the Purchased Assets or under any Transaction Document on such terms as Xxxxx determines. The Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the date after the termination hereof on which Xxxxx has received payment in full in cash for all Purchased Assets and Supplier has paid and performed all of its obligations under the Transaction Documents in full. The provisions of Section 3.2, Section 8 and Section 9.10 hereof shall survive and remain in full force and effect after any termination of this Agreement.
Binding Effect; Assignability; Survival of Provisions. This Agreement shall be binding upon and inure to the benefit of NAFCO, the Administrator and the Trustee and their respective successors and permitted assigns; provided that NAFCO shall not delegate any of its obligations hereunder. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the termination of the Trust pursuant to Section 12.01.
