Due Authorization and No Conflict. The execution, delivery and performance by the Servicer of this Agreement are within the Servicer’s limited liability company powers, have been duly authorized by all necessary limited liability company action on the part of the Servicer and do not contravene or constitute a default under, any provision of applicable law or of the Servicer’s certificate or articles of incorporation or bylaws or of any agreement, judgment, injunction, order, decree or other instrument binding upon the Servicer that could result in a Material Adverse Change or result in the creation or imposition of any Adverse Claim on any asset of the Servicer upon or with respect to any of its properties. This Agreement and the other Facility Documents to which the Servicer is a party have been duly executed and delivered on behalf of the Servicer.
Appears in 11 contracts
Samples: Loan and Servicing Agreement (Drivetime Automotive Group Inc), Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Credit Company, LLC)
Due Authorization and No Conflict. The execution, delivery and performance by the Servicer of this Agreement are within the Servicer’s limited liability company powers, have been duly authorized by all necessary limited liability company action on the part of the Servicer and do not contravene or constitute a default under, any provision of applicable law or of the Servicer’s certificate or articles of incorporation organization or bylaws operating agreement or of any agreement, judgment, injunction, order, decree or other instrument binding upon the Servicer that could result in have a Material Adverse Change Effect or result in the creation or imposition of any Adverse Claim on any asset of the Servicer upon or with respect to any of its properties. This Agreement and the other Facility Documents to which the Servicer is a party have been duly executed and delivered on behalf of the Servicer.
Appears in 6 contracts
Samples: Loan and Servicing Agreement (Drivetime Automotive Group Inc), Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Acceptance Corp)
Due Authorization and No Conflict. The execution, delivery and performance by the Servicer of this Agreement are within the Servicer’s limited liability company corporate powers, have been duly authorized by all necessary limited liability company corporate action on the part of the Servicer and do not contravene or constitute a default under, any provision of applicable law law, tariff or regulation or of the Servicer’s certificate or articles of incorporation or bylaws by-laws or of any agreement, judgment, injunction, order, decree or other instrument binding upon the Servicer that could result in a Material Adverse Change or result in the creation or imposition of any Adverse Claim on any asset of the Servicer upon or with respect to any of its properties. This Agreement and the other Facility Documents to which the Servicer is a party have been duly executed and delivered on behalf of the Servicer.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Tampa Electric Co), Loan and Servicing Agreement (Teco Energy Inc)
Due Authorization and No Conflict. The execution, delivery and performance by the Servicer of this Agreement are within the Servicer’s limited liability company corporate powers, have been duly authorized by all necessary limited liability company corporate action on the part of the Servicer and do not contravene or constitute a default under, any provision of applicable law or of the Servicer’s certificate or articles of incorporation or bylaws by-laws or of any agreement, judgment, injunction, order, decree or other instrument binding upon the Servicer that could result in have a Material Adverse Change Effect or result in the creation or imposition of any Adverse Claim on any asset of the Servicer upon or with respect to any of its properties. This Agreement and the other Facility Documents to which the Servicer is a party have been duly executed and delivered on behalf of the Servicer.
Appears in 1 contract
Samples: Loan and Servicing Agreement (DriveTime Automotive, Inc.)
Due Authorization and No Conflict. The execution, delivery and performance by the Servicer of this Agreement are within the Servicer’s limited liability company 's corporate powers, have been duly authorized by all necessary limited liability company corporate action on the part of the Servicer and do not contravene or constitute a default under, any provision of applicable law or of the Servicer’s 's certificate or articles of incorporation or bylaws by-laws or of any agreement, judgment, injunction, order, decree or other instrument binding upon the Servicer that could result in have a Material Adverse Change Effect or result in the creation or imposition of any Adverse Claim on any asset of the Servicer upon or with respect to any of its properties. This Agreement and the other Facility Documents to which the Servicer is a party have been duly executed and delivered on behalf of the Servicer.
Appears in 1 contract