Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;
Appears in 166 contracts
Samples: Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2023-2), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2023-1)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is entity in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this AgreementReceivables) requires or shall require such qualification;
Appears in 133 contracts
Samples: Servicing Agreement (Ally Auto Receivables Trust 2024-2), Servicing Agreement (Ally Auto Receivables Trust 2024-2), Servicing Agreement (Ally Auto Receivables Trust 2024-1)
Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications and where the failure to so qualify will have a material adverse effect on the ability of the Servicer to conduct its business or perform its obligations under this Agreement.
Appears in 123 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2024-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary material licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where the failure to be so qualified or to have obtained such licenses or approvals would not have a material adverse effect on the Servicer’s earnings, business affairs or business prospects.
Appears in 108 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2024-C), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2024-C)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporationbusiness, is in good standing as a foreign entity and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including or the servicing of the Pool Receivables as required by this Agreement) Agreement requires or shall require such qualification;, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.
Appears in 91 contracts
Samples: Receivables Financing Agreement (Lamar Media Corp/De), Receivables Purchase and Financing Agreement (Phillips 66), Receivables Purchase Agreement (Centuri Holdings, Inc.)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement.
Appears in 87 contracts
Samples: Sale and Servicing Agreement, Sale and Servicing Agreement (Nissan Auto Receivables 2019-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2019-B Owner Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is limited liability company in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease to obtain such licenses and approvals would, in the reasonable judgment of property the Servicer, materially and adversely affect the performance by the Servicer of its obligations under, or the conduct of its business (including the servicing validity or enforceability of, this Agreement, any of the Receivables as required by this Agreement) requires other Transaction Documents, the Receivables, the Notes or shall require such qualification;the Certificates.
Appears in 80 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (CarMax Auto Owner Trust 2024-4)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 80 contracts
Samples: Sale and Servicing Agreement (American Honda Receivables LLC), Sale and Servicing Agreement (Honda Auto Receivables 2011-1 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2011-1 Owner Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which such qualification, license or approval is necessary for the ownership or lease of property or the conduct performance of its business (including the servicing obligations under and consummation of the Receivables as required transactions contemplated by this Agreement) requires or shall require such qualification;the Basic Documents.
Appears in 56 contracts
Samples: Sale and Servicing Agreement (Honda Auto Receivables 2018-1 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2018-1 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2017-4 Owner Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;
Appears in 56 contracts
Samples: Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2004-B-M), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-a-M), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2005-C-F)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporationbusiness, is in good standing as a foreign entity (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses or approvals, except where the failure to so qualify or obtain licenses or approvals would not reasonably be expected to have a Material Adverse Effect.
Appears in 54 contracts
Samples: Additional Transferor Receivables Transfer Agreement (Verizon Master Trust), Transfer and Servicing Agreement (Verizon Owner Trust 2020-B), Omnibus Amendment (Verizon Owner Trust 2020-C)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 49 contracts
Samples: Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which where the ownership or lease of property or failure to do so would reasonably be expected to materially and adversely affect the conduct of its business (including Servicer’s ability to acquire, own and service the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;Receivables.
Appears in 49 contracts
Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2024-C), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2024-C), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2024-B)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which each jurisdiction where any such failure to do so would materially and adversely affect the ownership or lease of property or Servicer’s ability to perform its obligations under and consummate the conduct of its business (including transactions contemplated by the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;Basic Documents.
Appears in 48 contracts
Samples: Sale and Servicing Agreement (Honda Auto Receivables 2024-4 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2024-4 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2024-3 Owner Trust)
Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 42 contracts
Samples: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Uacsc 1997-C Auto Trust), Pooling and Servicing Agreement (Uacsc 1997-a Auto Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporationlimited liability company, is in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;
Appears in 39 contracts
Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-5), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-5), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-4)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is limited liability company in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease to obtain such licenses and approvals would, in the reasonable judgment of property the Servicer, materially and adversely affect the performance by the Servicer of its obligations under, or the conduct of its business (including validity or enforceability of, this Agreement, the servicing Indenture, the Trust Agreement, any of the Receivables as required by this Agreement) requires other Transaction Documents, the Receivables, the Notes or shall require such qualification;the Certificates.
Appears in 36 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-4), Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-3), Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-2)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is limited liability company in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Standard Receivables and the Fixed Value Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 34 contracts
Samples: Sale and Servicing Agreement (DaimlerChrysler Auto Trust 2007-A), Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2008-B), Sale and Servicing Agreement (Daimlerchrysler Auto Trust 2008-A)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables Loans and the related Contracts as required by this Agreement) Agreement requires or shall require such qualification;qualifications except where such failure will not have a material adverse effect.
Appears in 31 contracts
Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)
Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 30 contracts
Samples: Pooling and Servicing Agreement (Fifth Third Holdings Funding, LLC), Pooling and Servicing Agreement (Citizens Auto Receivables, LLC), Pooling and Servicing Agreement (Bas Securitization LLC)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which where the ownership or lease of property or failure to do so would materially and adversely affect the conduct of its business (including Servicer’s ability to acquire, own and service the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;Receivables.
Appears in 28 contracts
Samples: Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2015-C), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2015-B), Sale and Servicing Agreement (Hyundai Auto Receivables Trust 2015-A)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this AgreementAgreement and the performance of its other obligations under this Agreement and the other Basic Documents to which it is a party) requires or shall require such qualification;qualifications.
Appears in 23 contracts
Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.), Sale and Servicing Agreement (Long Beach Acceptance Auto Receivables Trust 2005-B)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is entity in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement.
Appears in 19 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2024-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2024-B Owner Trust), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;.
Appears in 18 contracts
Samples: Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) or the consummation of the transactions contemplated by the Basic Documents requires or shall require such qualification;.
Appears in 17 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;
Appears in 15 contracts
Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Financial LTD)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation or other foreign entity (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables and any Participation Interests as required by this Agreement requires such qualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement) requires or shall require such qualification;.
Appears in 13 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Credit Account Master Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporationand, where necessary, is in good standing as a foreign corporation (or is exempt from such requirement) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including businesses requires such qualification, except where the servicing of the Receivables as required by failure to so qualify or obtain licenses or approvals would not have material adverse effect on its ability to perform its obligations under this Agreement) requires or shall require such qualification;.
Appears in 13 contracts
Samples: Pooling and Servicing Agreement (Wholesale Auto Receivables Corp), Pooling and Servicing Agreement (Superior Wholesale Inventory Financing Trust X), Pooling and Servicing Agreement (Superior Wholesale Inventory Financing Trust Xi)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the of servicing of the Receivables as required by this Agreement) Agreement requires or shall will require such qualification;
Appears in 12 contracts
Samples: Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation or other foreign entity (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables (including the underlying receivables) and any Participation Interests as required by this Agreement requires such qualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement) requires or shall require such qualification;.
Appears in 12 contracts
Samples: Transfer and Servicing Agreement (Signet Jewelers LTD), Transfer and Servicing Agreement (Signet Group PLC), Transfer and Servicing Agreement (HSBC Credit Card Master Note Trust (Usa) I)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is entity in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this AgreementLease Assets) requires or shall require such qualification;.
Appears in 12 contracts
Samples: Servicing Agreement (Ally Auto Assets LLC), Servicing Agreement (Ally Auto Assets LLC), Servicing Agreement (Ally Auto Assets LLC)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 12 contracts
Samples: Trust and Servicing Agreement (United Fidelity Finance LLC), Trust and Servicing Agreement (Uacsc 2000-D Owner Trust Auto Rec Backed Notes), Trust and Servicing Agreement (Uacsc Auto Trusts Uacsc 2000-B Owner Trust Auto Rec Bac Note)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation or other foreign entity (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) Agreement requires or shall require such qualification;, except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement.
Appears in 11 contracts
Samples: Servicing Agreement, Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which failure to so qualify or to obtain such licenses and approvals would have a material adverse effect on the ownership or lease of property or the conduct of its business (including the servicing interests of the Receivables as required by this Agreement) requires Investor Certificateholders hereunder or shall require such qualification;under any Supplement.
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (Target Corp), Pooling and Servicing Agreement (Pier 1 Imports Inc/De), Pooling and Servicing Agreement (Neiman Marcus Group Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporationbusiness, is in good standing as a foreign entity and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including or the servicing of the Pool Receivables as required by this Agreement) Agreement requires or shall require such qualification;, licenses or approvals, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect.
Appears in 9 contracts
Samples: Receivables Purchase Agreement (Audacy, Inc.), Receivables Financing Agreement (Traeger, Inc.), Receivables Financing Agreement (Oncor Electric Delivery Co LLC)
Due Qualification. The Servicer is duly qualified to do business business, is in good standing as a foreign corporation, is in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses or approvals and in which the failure so to qualify or to obtain such licenses and approvals or to preserve and maintain such qualification, licenses or approvals could reasonably be expected to give rise to a Material Adverse Effect with respect to the Servicer.
Appears in 8 contracts
Samples: Servicing Agreement, Omnibus Amendment (Domus Holdings Corp), Transfer and Servicing Agreement (Cendant Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;.
Appears in 8 contracts
Samples: Servicing Agreement (Navistar Financial Corp), Servicing Agreement (Navistar Financial Corp), Servicing Agreement (Navistar Financial Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this AgreementReceivables) requires or shall require such qualification;
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2006-1), Pooling and Servicing Agreement (Capital Auto Receivables Inc), Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2004-2)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which where the ownership or lease of property or failure to do so would materially and adversely affect the conduct performance of its business (including obligations under this Agreement and the servicing of the Receivables as required by this Agreement) requires or shall require such qualificationRelated Documents;
Appears in 8 contracts
Samples: Contribution and Servicing Agreement (Green Tree Lease Finance 1998-1 LLC), Contribution and Servicing Agreement (Green Tree Lease Finance 1997-1 LLC), Transfer and Servicing Agreement (Antigua Funding Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership failure to so qualify or lease to obtain such licenses and approvals would, in the reasonable judgment of property the Depositor, materially and adversely affect the performance by the Depositor of its obligations under, or the conduct of its business (including validity or enforceability of, this Agreement, the servicing Indenture, the Trust Agreement, any of the Receivables as required by this Agreement) requires other Transaction Documents, the Receivables, the Notes or shall require such qualification;the Certificates.
Appears in 8 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2004-2), Sale and Servicing Agreement (CarMax Auto Owner Trust 2004-1), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)
Due Qualification. The Servicer is duly qualified to do ----------------- business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;
Appears in 8 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement requires such qualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse affect on its ability to perform its obligations as Servicer under this Agreement) requires or shall require such qualification;.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust), Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust), Pooling and Servicing Agreement (Citibank, N.A., as Depositor of Citibank Credit Card Issuance Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement and the Titling Trust Servicing Agreement) requires or shall require such qualification;.
Appears in 7 contracts
Samples: Servicing Agreement (Navistar Financial Corp), Servicing Agreement (Navistar Financial Retail Rec Corp Navistar Fin 04 a Own Tr), Servicing Agreement (Navistar Financial 2005-a Owner Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is limited liability company in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2010-A), Sale and Servicing Agreement (Chrysler Financial Services Americas LLC), Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2009-B)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualification except where the failure to so qualify or obtain such licenses or consents could not reasonably be expected to result in a material adverse effect with respect to it or to the Receivables.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the in servicing of the Receivables Contracts as required by this Agreement requires such qualifications except where such failure will not have a material adverse effect or the Servicer’s ability to service the Contracts as required by this Agreement) requires or shall require such qualification;
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-1), Sale and Servicing Agreement (Drive Auto Receivables LLC)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) the Agreement requires such qualification except where failure to so qualify or shall require to obtain such qualification;licenses and approvals would not have a material adverse effect on its ability to perform its obligations hereunder or under any Supplement.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Funding, LLC)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which where the ownership or lease failure to do so would materially and adversely affect the ability of property the Servicer to service, or the conduct of its business (including enforceability of, the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;Receivables.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (First Security Bank Na), Pooling and Servicing Agreement (First Security Bank Na), Pooling and Servicing Agreement (First Security Bank Na)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;; except where the failure to qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement and the other Related Documents to which it is a party.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (HSBC Automotive Trust (USA) 2006-1), Sale and Servicing Agreement (HSBC Auto Receivables Corp), Sale and Servicing Agreement (HSBC Automotive Trust (USA) 2006-3)
Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 5 contracts
Samples: Receivables Purchase Agreement (Lexmark International Group Inc), Receivables Purchase Agreement (Lexmark International Group Inc), Sale and Servicing Agreement (Toyota Motor Credit Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualification except where the failure to so qualify or obtain such licenses or consents would not result in a Material Adverse Effect or a Material Adverse Change.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (M&i Dealer Auto Securitization LLC), Sale and Servicing Agreement (Bond Securitization LLC), Sale and Servicing Agreement (Amsouth Auto Receivables LLC)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables Dealer Loans and the related Contracts as required by this Agreement) Agreement requires or shall require such qualification;qualifications except where such failure will not have a material adverse effect.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation), Sale and Servicing Agreement (Credit Acceptance Corporation)
Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where the failure to so qualify would not materially and adversely affect the performance by the Depositor of its obligations under, or the validity or enforceability of this Agreement or the Certificates.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Bay View Securitization Corp), Pooling and Servicing Agreement (Bay View Securitization Corp), Pooling and Servicing Agreement (Bay View Securitization Corp)
Due Qualification. The Servicer is duly qualified to do business ----------------- as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporationbusiness, is in good standing as a foreign entity and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including or the servicing of the Pool Receivables as required by this Agreement) Agreement requires or shall require such qualification;, licenses or approvals, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect on the Servicer.
Appears in 4 contracts
Samples: Receivables Financing Agreement (OLIN Corp), Receivables Financing Agreement (OLIN Corp), Receivables Financing Agreement (OLIN Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is in good standing standing, and has obtained all necessary licenses and approvalsapprovals as required under the laws of, in all jurisdictions states in which the ownership or lease of property its property, the performance of its obligations pursuant to this Agreement or the other conduct of its business (including requires such qualification, standing, license or approval, except to the servicing extent that the failure to so qualify, maintain such standing or be so licensed or approved would not, in the aggregate, materially and adversely affect the ability of the Receivables as required by Servicer to comply with this Agreement) requires or shall require such qualification;.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Trans Leasing International Inc), Servicing Agreement (Trans Leasing International Inc), Pooling and Servicing Agreement (Tl Lease Funding Corp Iv)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses and approvals except where the failure to be qualified or to obtain such qualifications, licenses and approvals would not materially and adversely affect the rights or interests of any of the Noteholders, the Note Insurer or the Trust Estate.
Appears in 4 contracts
Samples: Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (MCM Capital Group Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of order to service the Receivables as required by this Agreement) requires . If the Servicer shall be required by any Requirement of Law to so qualify or register or obtain such license or approval, then it shall require such qualification;do so.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where failure to qualify will not have a material adverse effect on the Receivables or the business, prospects or financial condition of the Servicer.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Asta Funding Inc), Pooling and Servicing Agreement (Asta Funding Inc), Pooling and Servicing Agreement (Asta Funding Inc)
Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this the Agreement) requires or shall require such qualification;qualifications.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2), Pooling and Servicing Agreement (Nationscredit Securitization Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is in good standing as a foreign corporation, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including or the servicing of the Pool Receivables as required by this Agreement) Agreement requires or shall require such qualification;, licenses or approvals, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Receivables Purchase Agreement (Centric Brands Inc.), Receivables Purchase Agreement (Centric Brands Inc.), Receivables Purchase Agreement (Centric Brands Inc.)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this AgreementAgreement and the other Transaction Documents to which it is a party) requires or shall require such qualification;.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Bay View Capital Corp), Sale and Servicing Agreement (Bay View Capital Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which where the ownership or lease of property or failure to do so would materially and adversely affect the conduct of its business (including Servicer's ability to acquire, own and service the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;Receivables.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Abs Funding Corp), Sale and Servicing Agreement (Hyundai Abs Funding Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation or other foreign entity (or is exempt from such requirements), and has obtained all necessary licenses and approvals, in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) the Agreement requires such qualification except where failure to so qualify or shall require to obtain such qualification;licenses and approvals would not have a material adverse effect on its ability to perform its obligations hereunder or under any Supplement.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary material licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where the failure to be so qualified or to have obtained such licenses or approvals would not have a material adverse effect on the Servicer's earnings, business affairs or business prospects.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC)
Due Qualification. The Servicer is shall be duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has shall have obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this the Agreement) requires or shall require such qualification;qualifications.
Appears in 3 contracts
Samples: Standard Terms and Conditions of Agreement (Fleetwood Credit Receivables Corp), Standard Terms and Conditions Agreement (Fleetwood Credit Receivables Corp), Standard Terms and Conditions Agreement (Fleetwood Credit Receivables Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Standard Receivables and the Fixed Value Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Premier Auto Trust 1998 5), Sale and Servicing Agreement (Premier Auto Trust 1996-4), Sale and Servicing Agreement (Premier Auto Trust 1997 1)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this the Agreement) requires or shall require such qualification;qualifications.
Appears in 3 contracts
Samples: Standard Terms and Conditions Agreement (Pooled Auto Securities Shelf LLC), Standard Terms and Conditions Agreement (American Honda Receivables Corp), Standard Terms and Conditions Agreement (Honda Auto Receivables 1996-a Grantor Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is cooperative corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses or approvals, except where the failure to so qualify or have such licenses or approvals has not had, and could not reasonably be expected to have, a Material Adverse Effect.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Land O Lakes Inc), Receivables Purchase Agreement (Land O Lakes Inc), Receivables Purchase Agreement (Land O Lakes Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualificationqualifications, licenses or approvals;
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Triad Financial Corp), Sale and Servicing Agreement (Asset Backed Securities Corp), Sale and Servicing Agreement (Asset Backed Securities Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables and the Related Transferred Assets as required by this Agreement) Agreement requires qualification, licenses or shall require such qualification;approvals.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (International Comfort Products Corp), Pooling and Servicing Agreement (International Comfort Products Corp), Pooling and Servicing Agreement (Healthcare Financial Partners Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which where the ownership or lease of property or the conduct of failure to do so would have a material adverse effect on its business (including the servicing of ability to perform its obligations under its Related Documents and its ability to enforce the Receivables as required by this Agreement) requires or shall require such qualificationand the other Trust Property;
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Paragon Auto Receivables Corp), Sale and Servicing Agreement (Paragon Auto Receivables Corp), Pooling and Servicing Agreement (Paragon Auto Receivables Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including involving the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC), Pooling and Servicing Agreement (Painewebber Asset Acceptance Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements) in any jurisdiction where such qualification is required in order to conduct its business, and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Underlying Receivables as required by this Agreement requires such qualification except where the failure to so qualify or obtain such licenses and approvals would not reasonably be expected to have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement) requires or shall require such qualification;.
Appears in 2 contracts
Samples: Servicing Agreement (Bluestem Brands, Inc.), Servicing Agreement (Bluestem Brands, Inc.)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, licenses or approvals.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Triad Financial Corp), Pooling and Servicing Agreement (Triad Financial Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where the failure of the Servicer so to qualify or obtain such licenses or approvals would not have a material adverse effect on the Servicer, the Trust or any Receivable.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Compass Auto Receivables Trust 1998-A), Sale and Servicing Agreement (Asset Backed Securities Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is entity in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement. 44 (NAROT 2022-B Sale and Servicing Agreement)
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2022-B Owner Trust), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications, except where the failure of the Servicer so to qualify or obtain such licenses or approvals would not have a material adverse effect on the Servicer, the Issuer or any Receivable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Sale and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is limited liability company in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the its ownership or lease of property or the conduct of its business (including the servicing of the Receivables Contracts as required by this Agreement) requires or shall require such qualification;qualifications, licenses and approvals and where the failure to so qualify (or to obtain such licenses or approvals) could reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Servicing Agreement (Financial Pacific Co), Servicing Agreement (Financial Pacific Co)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualification except where the failure to so qualify or obtain such licenses or consents could not reasonably be expected to result in a material adverse effect with respect to it or to the Receivables or the Other Conveyed Property.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Silverleaf Resorts Inc), Sale and Servicing Agreement (Silverleaf Resorts Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement. 47 (NAROT 2017-C Sale and Servicing Agreement)
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2017-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2017-C Owner Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct 52 (Nissan 2012-B Sale and Servicing Agreement) of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2012-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2012-B Owner Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of where failure to do so would have a material adverse affect on its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualificationability to perform its obligations hereunder;
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (MFN Financial Corp)
Due Qualification. The Servicer is duly qualified to do business ----------------- as a foreign corporation, is in good standing and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;
Appears in 2 contracts
Samples: Servicing and Custodian Agreement (Americredit Corp), Servicing and Custodian Agreement (Americredit Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation or other foreign entity (or is exempt from such requirements) and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables (including the underlying receivables) as required by this Agreement requires such qualification except where the failure to so qualify or obtain licenses or approvals would not have a material adverse effect on its ability to perform its obligations as Servicer under this Agreement) requires or shall require such qualification;.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (Compucredit Corp), Transfer and Servicing Agreement (Advanta Business Recievables Corp)
Due Qualification. The Servicer is duly qualified to do business as a ----------------- foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp), Sale and Servicing Agreement (Asset Backed Securities Corp)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including relating to the servicing of the Receivables as required by this Agreement) requires or Agreement shall require such qualification;qualifications and where the failure to so qualify would have a material adverse effect on the ability of the Servicer to perform its obligations under this Agreement. 52 (Nissan 2014-B Sale and Servicing Agreement)
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2014-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2014-B Owner Trust)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, licenses and approvals except where the failure to be qualified or to obtain such qualifications, -58- 66 licenses and approvals would not materially and adversely affect the rights or interests of any of the Noteholders, the Note Insurer or the Trust Estate.
Appears in 2 contracts
Samples: Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (MCM Capital Group Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals, approvals in all jurisdictions each jurisdiction in which the ownership failure to obtain such license, approval or lease qualification would have a material adverse affect upon the Noteholders or upon the ability of property or the conduct of Servicer to perform its business (including the servicing of the Receivables as required by obligations under this Agreement) requires or shall require such qualification;.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Smurfit-Stone Container Enterprises Inc)
Due Qualification. The Servicer is duly qualified to do business and is in good standing as a foreign corporation, limited liability company or partnership (or is in good standing exempt from such requirements), and has obtained all necessary licenses and approvals, in all jurisdictions each jurisdiction in which failure to so qualify or to obtain such licenses or approvals would cause, or could reasonably be expected to cause, a Material Adverse Change on its ability to perform its obligations as the ownership Servicer under the Finance Documents to which it is a party or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;which it is bound.
Appears in 1 contract
Samples: Subscription Agreement (Radius Global Infrastructure, Inc.)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, corporation and is in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions where the failure to be so qualified and in good standing or obtain such licenses or approvals would have a material adverse effect on the Servicer's business and operations or in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables Leases as required by this Agreement) Agreement or the performance of its obligations under the Transaction Documents requires or shall will require such qualification;, licenses or approvals.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Sierra Receivables Ii Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;qualifications (except where the failure to be so qualified or in good standing or the failure to have such licenses and approvals could not individually or in the aggregate have a material adverse effect on the Collateral or the business or condition (financial or otherwise) of the Servicer or impair the enforceability of any Loan or the related Loan Documents or Receivables).
Appears in 1 contract
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including involving the servicing of the Transferred Receivables as required by this Agreement) requires or shall require such qualification;
Appears in 1 contract
Samples: Receivables Financing Agreement (Acc Consumer Finance Corp)
Due Qualification. The Each Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, approvals in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;, except where the failure to qualify will not have a material adverse effect on the business or properties of such Servicer.
Appears in 1 contract
Samples: Loan Agreement (Autoinfo Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions each jurisdiction in which the ownership failure to obtain such qualifications, licenses or lease of property approvals would have a material adverse effect on the Trust Property or on the conduct of Servicer's ability to perform its business (including the servicing of the Receivables as required by this Agreement) requires or shall require such qualification;obligations hereunder.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Fidelity Leasing Inc)
Due Qualification. The Servicer is duly qualified to do business as a foreign corporation, is corporation in good standing standing, and has obtained all necessary licenses and approvals, in all jurisdictions in which the ownership or lease of property or the conduct of its business (including the servicing of the Receivables Portfolio as required by this Agreement) requires or shall require such qualification;.
Appears in 1 contract