Common use of Certain Business Conduct Clause in Contracts

Certain Business Conduct. (a) The Seller shall at all times maintain or cause to be maintained the following procedures to avoid or minimize any risk of substantive consolidation of the assets and liabilities of the Seller and its Affiliates or any other Person: (i) maintenance of books of account and records, bank accounts and assets separate from those of any Person; (ii) filing or causing to be filed tax returns separate from those of its Affiliates (except to the extent required or permitted by applicable law, rule or regulation to be included in a consolidated or unitary group, as appropriate); (iii) except as required or specifically provided in this Agreement, conducting business with Affiliates of the Owner Trustee on an arm’s-length basis; (iv) observance of trust (or similar organizational) formalities; (v) holding the Seller out to the public as a legal entity separate and distinct from any of the Owner Trustee’s Affiliates and from AFS Funding Corp. or any Affiliate thereof; and (vi) paying from its assets all obligations and indebtedness of any kind incurred by the Seller. The Seller shall act solely in its own name through the Owner Trustee, any co-trustee (in accordance with the terms and conditions of Section 9.5 of the Trust Agreement) or the Administrator (in accordance with the terms of the Administration Agreement) or other agents in the conduct of its businesses in accordance with this Agreement except to the extent required by the laws of any applicable jurisdiction.

Appears in 2 contracts

Samples: Sale and Servicing (Americredit Automobile Receivables Trust 2003-C-F), Sale and Servicing (Americredit Automobile Receivables Trust 2005-C-F)

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Certain Business Conduct. (a) The Seller shall at all times maintain or cause to be maintained the following procedures to avoid or minimize any risk of substantive consolidation of the assets and liabilities of the Seller and its Affiliates or any other Person: (i) maintenance of books of account and records, bank accounts and assets separate from those of any Person; (ii) filing or causing to be filed tax returns separate from those of its Affiliates (except to the extent required or permitted by applicable law, rule or regulation to be included in a consolidated or unitary group, as appropriate); (iii) except as required or specifically provided in this Agreement, conducting business with Affiliates of the Owner Trustee on an arm’sarm's-length basis; (iv) observance of trust (or similar organizational) formalities; (v) holding the Seller out to the public as a legal entity separate and distinct from any of the Owner Trustee’s 's Affiliates and from AFS Funding Corp. or any Affiliate thereof; and (vi) paying from its assets all obligations and indebtedness of any kind incurred by the Seller. The Seller shall act solely in its own name through the Owner Trustee, any co-trustee (in accordance with the terms and conditions of Section 9.5 of the Trust Agreement) or the Administrator (in accordance with the terms of the Administration Agreement) or other agents in the conduct of its businesses in accordance with this Agreement except to the extent required by the laws of any applicable jurisdiction.

Appears in 1 contract

Samples: Sale and Servicing Agreement (AFS Funding Trust)

Certain Business Conduct. (a) The Seller shall at all times maintain or cause to be maintained the following procedures to avoid or minimize any risk of substantive consolidation of the assets and liabilities of the Seller and its Affiliates or any other Person: (i) maintenance of books of account and records, bank accounts and assets separate from those of any Person; (ii) filing or causing to be filed tax returns separate from those of its Affiliates (except to the extent required or permitted by applicable law, rule or regulation to be included in a consolidated or unitary group, as appropriate); (iii) except as required or specifically provided in this Agreement, conducting business with Affiliates of the Owner Trustee on an arm’s-length basis; (iv) observance of trust (or similar organizational) formalities; (v) holding the Seller out to the public as a legal entity separate and distinct from any of the Owner Trustee’s Affiliates and from AFS Funding Corp. or any Affiliate thereof; and (vi) paying from its assets all obligations and indebtedness of any kind incurred by the Seller. The Seller shall act solely in its own name through the Owner Trustee, any co-trustee (in accordance with the terms and conditions of Section 9.5 of the Trust Agreement6.06 hereof) or the Administrator (in accordance with the terms of the Administration Agreement) or other agents in the conduct of its businesses in accordance with this Agreement except to the extent required by the laws of any applicable jurisdiction.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Certain Business Conduct. (a) The Seller shall at all times maintain or cause to be maintained the following procedures to avoid or minimize any risk of substantive consolidation of the assets and liabilities of the Seller and its Affiliates or any other Person: (i) maintenance of books of account and records, bank accounts and assets separate from those of any Person; (ii) filing or causing to be filed tax returns separate from those of its Affiliates (except to the extent required or permitted by applicable law, rule or regulation to be included in a consolidated or unitary group, as appropriate); (iii) except as required or specifically provided in this Agreement, conducting business with Affiliates of the Owner Trustee on an arm’s-length basis; (iv) observance of trust (or similar organizational) formalities; (v) holding the Seller out to the public as a legal entity separate and distinct from any of the Owner Trustee’s Affiliates and from AFS Funding Corp. or any Affiliate thereof; and (vi) paying from its assets all obligations and indebtedness of any kind incurred by the Seller. The Seller shall act solely in its own name through the Owner Trustee, any co-co- trustee (in accordance with the terms and conditions of Section 9.5 of the Trust Agreement) or the Administrator (in accordance with the terms of the Administration Agreement) or other agents in the conduct of its businesses in accordance with this Agreement except to the extent required by the laws of any applicable jurisdiction.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2004-a-F)

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Certain Business Conduct. (a) The Seller shall at all times maintain or cause to be maintained the following procedures to avoid or minimize any risk of substantive consolidation of the assets and liabilities of the Seller and its Affiliates or any other Person: (i) maintenance of books of account and records, bank accounts and assets separate from those of any Person; (ii) filing or causing to be filed tax returns separate from those of its Affiliates (except to the extent required or permitted by applicable law, rule or regulation to be included in a consolidated or unitary group, as appropriate); (iii) except as required or specifically provided in this Agreement, conducting business with Affiliates of the Owner Trustee on an arm’sarm's-length basis; (iv) observance of trust (or similar organizational) formalities; (v) holding the Seller out to the public as a legal entity separate and distinct from any of the Owner Trustee’s 's Affiliates and from AFS Funding Corp. or any Affiliate thereof; and (vi) paying from its assets all obligations and indebtedness of any kind incurred by the Seller. The Seller shall act solely in its own name through the Owner Trustee, any co-trustee (in accordance with the terms and conditions of Section 9.5 of the Trust Agreement6.06 hereof) or the Administrator (in accordance with the terms of the Administration Agreement) or other agents in the conduct of its businesses in accordance with this Agreement except to the extent required by the laws of any applicable jurisdiction.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

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