Binding Obligations. This Agreement and each of the other Transaction Documents to which it is a party constitutes legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 68 contracts
Samples: Receivables Financing Agreement (Lamar Media Corp/De), Receivables Purchase Agreement (Audacy, Inc.), Receivables Purchase Agreement (Ashland Inc.)
Binding Obligations. This Agreement and each of the other Transaction Basic Documents to which it is a party constitutes constitute legal, valid valid, and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable subject to the effects of bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by to general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 32 contracts
Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it the Servicer is a party constitutes legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 17 contracts
Samples: Receivables Financing Agreement (Sylvamo Corp), Receivables Financing Agreement (BrightView Holdings, Inc.), Receivables Financing Agreement (Waystar Holding Corp.)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it the Servicer is a party constitutes a legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their respective its terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or and other similar laws affecting the enforcement of creditors’ ' rights generally and (ii) as such enforceability may be limited or by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 8 contracts
Samples: Indenture and Servicing Agreement (Creditrust Corp), Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (MCM Capital Group Inc)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it the Servicer is a party constitutes constitute the legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, except (i) as enforcement of such enforceability terms may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally Insolvency Laws and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding suit at law or in equity or at lawequity.
Appears in 7 contracts
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)
Binding Obligations. This Agreement constitutes, and each of the other Transaction Documents Document to which it the Servicer is a party constitutes when duly executed and delivered will constitute, a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their respective its terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 7 contracts
Samples: Servicing Agreement, Omnibus Amendment (Domus Holdings Corp), Servicing Agreement (Realogy Corp)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it is a party constitutes constitute legal, valid valid, and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable subject to the effects of bankruptcy, insolvency, reorganization, moratorium reorganization or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by to general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.;
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-1), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-2), Sale and Servicing Agreement (Drive Auto Receivables LLC)
Binding Obligations. This Agreement and each of the other Transaction Basic Documents to which it is a party constitutes constitute legal, valid valid, and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally in general and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Chase Auto Owner Trust 2005-B), Sale and Servicing Agreement (JPMorgan Chase Bank, National Association), Sale and Servicing Agreement (Chase Auto Owner Trust 2005-A)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it is a party constitutes constitute legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 4 contracts
Samples: Receivables Financing Agreement (NuStar Energy L.P.), Receivables Financing Agreement (Foresight Energy LP), Receivables Financing Agreement (NuStar Energy L.P.)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it is a party constitutes legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, receivership, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 4 contracts
Samples: Receivables Financing Agreement (Traeger, Inc.), Receivables Financing Agreement (Traeger, Inc.), Receivables Financing Agreement (TGPX Holdings I LLC)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it is a party constitutes legal, valid and binding obligations of the Master Servicer, enforceable against the Master Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 4 contracts
Samples: Receivables Purchase Agreement (Nabors Industries LTD), Receivables Purchase Agreement (Nabors Industries LTD), Receivables Purchase Agreement (Nabors Industries LTD)
Binding Obligations. This Agreement and each of the other Transaction Basic Documents to which it is a party constitutes constitute legal, valid valid, and binding obligations of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable subject to the effects of bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and (ii) as such enforceability may be limited by to general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it is a party have been duly executed and delivered and constitutes legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Warner Bros. Discovery, Inc.), Receivables Purchase Agreement (Warner Bros. Discovery, Inc.), Receivables Purchase Agreement (Warner Bros. Discovery, Inc.)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it is a party constitutes legal, valid and binding obligations of the Master Servicer, enforceable against the Master Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Wolverine World Wide Inc /De/), Receivables Purchase Agreement (StarTek, Inc.)
Binding Obligations. This Each of this Agreement and each of the other Transaction Documents to which it is a party constitutes the legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their respective its terms, except subject (i) as such enforceability may be limited by to applicable bankruptcy, insolvency, reorganization, moratorium or and other similar laws affecting the enforcement of creditors’ rights generally from time to time in effect and (ii) as such enforceability may be limited by to general principles of equity, regardless of equity (whether such enforceability enforcement is considered in sought by a proceeding in equity or at law).
Appears in 2 contracts
Samples: Omnibus Amendment (Ingram Micro Inc), Receivables Purchase Agreement (Ingram Micro Inc)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it is a party is a party has been duly executed by the Servicer constitutes legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 2 contracts
Samples: Receivables Financing Agreement (OLIN Corp), Receivables Financing Agreement (OLIN Corp)
Binding Obligations. This Agreement and each of constitutes the other Transaction Documents to which it is a party constitutes legal, valid ------------------- valid, and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective its terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws nov or hereinafter in effect affecting the enforcement of creditors’ ' rights generally in general and (ii) except as such enforceability may be limited by general principles of equity, regardless of equity (whether such enforceability is considered in a proceeding at law or in equity or at lawequity).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Firestone Retail Credit Corp)
Binding Obligations. This Agreement constitutes, and each of the ------------------- other Transaction Documents Document to which it the Servicer is a party constitutes when duly executed and delivered will constitute, a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their respective its terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 1 contract
Binding Obligations. This Agreement and each of the other Transaction Documents to which it the Servicer is a party constitutes constitute the legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their respective terms, except (i) as enforcement of such enforceability terms may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally Insolvency Laws and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding suit at law or in equity or at law.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD)
Binding Obligations. This Agreement constitutes, and each of the other Transaction Documents Document to which it the Servicer is a party constitutes when duly executed and delivered will constitute, a legal, valid and binding obligations obligation of the Servicer, enforceable against the Servicer in accordance with their respective its terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ ' rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 1 contract
Binding Obligations. This Agreement and each of the other Transaction Documents to which it is a party constitutes the legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Receivables Purchase and Financing Agreement (Phillips 66)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it is a party constitutes legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.such
Appears in 1 contract
Samples: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.)
Binding Obligations. This Agreement and each of the other Transaction Documents to which it is a party constitutes constitute the legal, valid and binding obligations of the Servicer, enforceable against the Servicer in accordance with their respective terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 1 contract
Binding Obligations. This Each of this Agreement and each of the other Transaction Documents to which it is a party constitutes the legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their respective its terms, except subject to (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or and other similar laws affecting the enforcement of creditors’ rights generally from time to time in effect and (ii) as such enforceability may be limited by general principles of equity, regardless of equity (whether such enforceability enforcement is considered in sought by a proceeding in equity or at law).
Appears in 1 contract
Samples: Receivables Loan Agreement (Elanco Animal Health Inc)
Binding Obligations. This Agreement and each of the other Transaction ------------------- Documents to which it the Servicer is a party constitutes a legal, valid and binding obligations obligation of the Servicer, Servicer enforceable against the Servicer in accordance with their respective its terms, except (i) as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or and other similar laws affecting the enforcement of creditors’ ' rights generally and (ii) as such enforceability may be limited or by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
Appears in 1 contract
Samples: Indenture and Servicing Agreement (Creditrust Corp)