Binding Obligation, Valid Transfer and Security Interest. (i) This Agreement and each other Transaction Document to which the Seller is a party each constitute a legal, valid and binding obligation of the Seller, enforceable against the Seller in accordance with its respective terms, except as such enforceability may be limited by Insolvency Laws and except as such enforceability may be limited by general principles of equity (whether considered in a suit at law or in equity).
Appears in 18 contracts
Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
Binding Obligation, Valid Transfer and Security Interest. (i) This Agreement and each other Transaction Document to which of the Seller is a party each constitute Sale Papers constitutes a legal, valid and binding obligation of the Seller, enforceable against the Seller in accordance with its respective terms, except as such enforceability may be limited by Insolvency Laws and except as such enforceability may be limited by general principles of equity (whether considered in a suit at law or in equity)) or by an implied covenant of good faith and fair dealing.
Appears in 8 contracts
Samples: Purchase and Sale Agreement (American Capital Strategies LTD), Purchase and Sale Agreement (American Capital Strategies LTD), Purchase and Sale Agreement (American Capital Strategies LTD)
Binding Obligation, Valid Transfer and Security Interest. (i) This Agreement and each other Transaction Document to which the Seller is a party Purchase Agreement each constitute a legal, valid and binding obligation obligations of the Seller, enforceable against the Seller in accordance with its respective terms, except as such enforceability may be limited by Insolvency Laws and except as such enforceability may be limited by general principles of equity (whether considered in a suit at law or in equity).
Appears in 4 contracts
Samples: Loan Purchase and Servicing Agreement (First International Bancorp Inc), Purchase and Servicing Agreement (First International Bancorp Inc), Purchase and Servicing Agreement (First International Bancorp Inc)
Binding Obligation, Valid Transfer and Security Interest. (i1) This Agreement and each other Transaction Document to which the Seller is a party each constitute a legal, valid and binding obligation of the Seller, enforceable against the Seller in accordance with its respective terms, except as such enforceability may be limited by Insolvency Laws and except as such enforceability may be limited by general principles of equity (whether considered in a suit at law or in equity).
Appears in 3 contracts
Samples: Loan Certificate and Servicing Agreement (Capitalsource Inc), Loan Certificate and Servicing Agreement (Capitalsource Inc), Certificate and Servicing Agreement (Capitalsource Inc)
Binding Obligation, Valid Transfer and Security Interest. (i) This Agreement and each other Transaction Document to which the Seller is a party each constitute constitutes a legal, valid and binding obligation of the Seller, enforceable against the Seller in accordance with its respective terms, except as such enforceability may be limited by Insolvency Laws and except as such enforceability may be limited by general principles of equity (whether considered in a suit at law or in equity).
Appears in 2 contracts
Samples: Sale and Contribution Agreement (Capitalsource Inc), Sale and Contribution Agreement (Capitalsource Inc)
