Execution, Delivery; Valid and Binding Agreement. The authorization, execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms, conditions and provisions of this Agreement do not and will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which either the Trust or the Trust Eligible Lender Trustee is a party or by which either is bound or constitute a default thereunder; neither the Trust nor the Trust Eligible Lender Trustee is a party to or bound by any agreement or instrument or subject to any charter or other corporation restriction or judgment, order, writ, injunction, decree, law, rule or regulation which may materially and adversely affect the ability of either the Trust or the Trust Eligible Lender Trustee to perform its respective obligations under this Agreement. This Agreement constitutes a valid and binding obligation of each of the Trust and the Trust Eligible Lender Trustee enforceable against such party in accordance with its terms, subject to the effects of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally and court decisions with respect thereto, and no consent, approval or authorization is required in connection with the consummation of the transactions herein contemplated, except for those that have been obtained.
Appears in 5 contracts
Samples: Depositor Transfer and Sale Agreement (Education Capital I LLC), Depositor Transfer and Sale Agreement (Education Capital I LLC), Depositor Transfer and Sale Agreement (Education Funding Capital Trust I)
Execution, Delivery; Valid and Binding Agreement. The authorization, execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms, conditions and provisions of this Agreement do not and will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which either the Trust Depositor or the Trust Depositor Eligible Lender Trustee is a party or by which either is bound or constitute a default thereunder; neither the Trust Depositor nor the Trust Depositor Eligible Lender Trustee is a party to or bound by any agreement or instrument or subject to any charter or other corporation corporate restriction or judgment, order, writ, injunction, decree, law, rule or regulation which may materially and adversely affect the ability of either the Trust Depositor or the Trust Depositor Eligible Lender Trustee to perform its respective obligations under this Agreement. This Agreement constitutes a valid and binding obligation of each of the Trust Depositor and the Trust Depositor Eligible Lender Trustee enforceable against such party in accordance with its terms, subject to the effects of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally and court decisions with respect thereto, and no consent, approval or authorization is required in connection with the consummation of the transactions herein contemplated, except for those that have been obtained.
Appears in 5 contracts
Samples: Depositor Transfer and Sale Agreement (Education Capital I LLC), Depositor Transfer and Sale Agreement (Education Funding Capital Trust I), Depositor Transfer and Sale Agreement (Education Capital I LLC)
Execution, Delivery; Valid and Binding Agreement. The authorization, execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms, conditions and provisions of this Agreement do not and will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which either the Trust Depositor or the Trust Depositor Eligible Lender Trustee is a party or by which either is bound or constitute a default thereunder; neither the Trust Depositor nor the Trust Depositor Eligible Lender Trustee is a party to or bound by any agreement or instrument or subject to any charter or other corporation restriction or judgment, order, writ, injunction, decree, law, rule or regulation which may materially and adversely affect the ability of either the Trust Depositor or the Trust Depositor Eligible Lender Trustee to perform its respective obligations under this Agreement. This Agreement constitutes a valid and binding obligation of each of the Trust Depositor and the Trust Depositor Eligible Lender Trustee enforceable against such party in accordance with its terms, subject to the effects of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally and court decisions with respect thereto, and no consent, approval or authorization is required in connection with the consummation of the transactions herein contemplated, except for those that have been obtained.
Appears in 3 contracts
Samples: Seller Transfer and Sale Agreement (Education Capital I LLC), Seller Transfer and Sale Agreement (Education Capital I LLC), Seller Transfer and Sale Agreement (Education Capital I LLC)
Execution, Delivery; Valid and Binding Agreement. The authorization, execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms, conditions and provisions of this Agreement do not and will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which either the Trust Seller or the Trust Seller Eligible Lender Trustee is a party or by which either is bound or constitute a default thereunder; neither the Trust Seller nor the Trust Seller Eligible Lender Trustee is a party to or bound by any agreement or instrument or subject to any charter or other corporation corporate restriction or judgment, order, writ, injunction, decree, law, rule or regulation which may materially and adversely affect the ability of either the Trust Seller or the Trust Seller Eligible Lender Trustee to perform its respective obligations under this Agreement. This Agreement constitutes a valid and binding obligation of each of the Trust Seller and the Trust Seller Eligible Lender Trustee enforceable against such party in accordance with its terms, subject to the effects of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally and court decisions with respect thereto, and no consent, approval or authorization is required in connection with the consummation of the transactions herein contemplated, except for those that have been obtained.
Appears in 3 contracts
Samples: Seller Transfer and Sale Agreement (Education Capital I LLC), Seller Transfer and Sale Agreement (Education Capital I LLC), Seller Transfer and Sale Agreement (Education Capital I LLC)
Execution, Delivery; Valid and Binding Agreement. The authorization, execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms, conditions and provisions of this Agreement do not and will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which either the Trust Depositor or the Trust Depositor Eligible Lender Trustee is a party or by which either is bound or constitute a default thereunder; neither the Trust Depositor nor the Trust Depositor Eligible Lender Trustee is a party to or bound by any agreement or instrument or subject to any charter or other corporation restriction or judgment, order, writ, injunction, decree, law, rule or regulation which may materially and adversely affect the ability of either the Trust Depositor or the Trust Depositor Eligible Lender Trustee to perform its respective obligations under this Agreement. This Agreement constitutes a valid and binding obligation of each of the Trust Depositor and the Trust Depositor Eligible Lender Trustee enforceable against such party in accordance with its terms, subject to the effects of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' ’ rights generally and court decisions with respect thereto, and no consent, approval or authorization is required in connection with the consummation of the transactions herein contemplated, except for those that have been obtained.
Appears in 2 contracts
Samples: Seller Transfer and Sale Agreement (Education Capital I LLC), Seller Transfer and Sale Agreement (Education Capital I LLC)
Execution, Delivery; Valid and Binding Agreement. The authorization, execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms, conditions and provisions of this Agreement do not and will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which either the Trust or the Trust Eligible Lender Trustee is a party or by which either is bound or constitute a default thereunder; neither the Trust nor the Trust Eligible Lender Trustee is a party to or bound by any agreement or instrument or subject to any charter or other corporation restriction or judgment, order, writ, injunction, decree, law, rule or regulation which may materially and adversely affect the ability of either the Trust or the Trust Eligible Lender Trustee to perform its respective obligations under this Agreement. This Agreement constitutes a valid and binding obligation of each of the Trust and the Trust Eligible Lender Trustee enforceable against such party in accordance with its terms, subject to the effects of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' ’ rights generally and court decisions with respect thereto, and no consent, approval or authorization is required in connection with the consummation of the transactions herein contemplated, except for those that have been obtained.
Appears in 2 contracts
Samples: Depositor Transfer and Sale Agreement (Education Capital I LLC), Depositor Transfer and Sale Agreement (Education Capital I LLC)
Execution, Delivery; Valid and Binding Agreement. The authorization, execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms, conditions and provisions of this Agreement do not and will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which either the Trust Depositor or the Trust Depositor Eligible Lender Trustee is a party or by which either is bound or constitute a default thereunder; neither the Trust Depositor nor the Trust Depositor Eligible Lender Trustee is a party to or bound by any agreement or instrument or subject to any charter or other corporation corporate restriction or judgment, order, writ, injunction, decree, law, rule or regulation which may materially and adversely affect the ability of either the Trust Depositor or the Trust Depositor Eligible Lender Trustee to perform its respective obligations under this Agreement. This Agreement constitutes a valid and binding obligation of each of the Trust Depositor and the Trust Depositor Eligible Lender Trustee enforceable against such party in accordance with its terms, subject to the effects of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' ’ rights generally and court decisions with respect thereto, and no consent, approval or authorization is required in connection with the consummation of the transactions herein contemplated, except for those that have been obtained.
Appears in 2 contracts
Samples: Depositor Transfer and Sale Agreement (Education Capital I LLC), Depositor Transfer and Sale Agreement (Education Capital I LLC)
Execution, Delivery; Valid and Binding Agreement. The authorization, execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms, conditions and provisions of this Agreement do not and will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which either the Trust Seller or the Trust Seller Eligible Lender Trustee is a party or by which either is bound or constitute a default thereunder; neither the Trust Seller nor the Trust Seller Eligible Lender Trustee is a party to or bound by any agreement or instrument or subject to any charter or other corporation corporate restriction or judgment, order, writ, injunction, decree, law, rule or regulation which may materially and adversely affect the ability of either the Trust Seller or the Trust Seller Eligible Lender Trustee to perform its respective obligations under this Agreement. This Agreement constitutes a valid and binding obligation of each of the Trust Seller and the Trust Seller Eligible Lender Trustee enforceable against such party in accordance with its terms, subject to the effects of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' ’ rights generally and court decisions with respect thereto, and no consent, approval or authorization is required in connection with the consummation of the transactions herein contemplated, except for those that have been obtained.
Appears in 2 contracts
Samples: Seller Transfer and Sale Agreement (Education Capital I LLC), Seller Transfer and Sale Agreement (Education Capital I LLC)