Common use of Instructions; Authority to Act Clause in Contracts

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture Trustee.

Appears in 352 contracts

Samples: Sale and Servicing Agreement (World Omni Select Auto Trust 2024-A), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2024-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2024-B)

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Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Trust Student Loan Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee.

Appears in 125 contracts

Samples: Servicing Agreement (Navient Funding, LLC), Servicing Agreement (Navient Student Loan Trust 2015-3), Servicing Agreement (Navient Student Loan Trust 2015-2)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust an Authorized Officer. A certified copy of excerpts of authorizing resolutions of the Board of Directors of the Indenture Trustee shall constitute conclusive evidence of the authority of any such Authorized Officer to act and shall be considered in full force and effect until receipt by the Servicer of written notice to the contrary given by the Indenture Trustee.

Appears in 118 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 2024-2)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee. A certified copy of a bylaw or of a resolution of the board of directors of the Indenture Trustee shall constitute conclusive evidence of the authority of any such Responsible Officer to act and shall be considered in full force and effect until receipt by the Servicer of written notice to the contrary given by the Indenture Trustee.

Appears in 79 contracts

Samples: Sale and Servicing Agreement (Honda Auto Receivables 2015-4 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2015-4 Owner Trust), Sale and Servicing Agreement (Honda Auto Receivables 2015-3 Owner Trust)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Owner Trustee or the Indenture Trustee.

Appears in 65 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust an Authorized Officer of the Issuer or the Indenture Trustee.

Appears in 42 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2024-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2024-a Owner Trust), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee. A certified copy of excerpts of authorizing resolutions of the board of directors of the Indenture Trustee shall constitute conclusive evidence of the authority of any such Responsible Officer to act and shall be considered in full force and effect until receipt by the Servicer of written notice to the contrary given by the Indenture Trustee.

Appears in 40 contracts

Samples: Sale and Servicing Agreement (Daimler Trucks Retail Trust 2024-1), Sale and Servicing Agreement (Daimler Trucks Retail Trust 2024-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2024-1)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee. A certified copy of excerpts of authorizing resolutions of the Board of Directors of the Indenture Trustee shall constitute conclusive evidence of the authority of any such Responsible Officer to act and shall be considered in full force and effect until receipt by the Servicer of written notice to the contrary given by the Indenture Trustee.

Appears in 28 contracts

Samples: Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-3), Sale and Servicing Agreement (Mmca Auto Receivables Trust), Sale and Servicing Agreement (Mmca Auto Receivables Trust)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture TrusteeTrustee or, if the Notes have been paid in full, by the Issuer.

Appears in 27 contracts

Samples: Sale and Servicing Agreement (BMW Vehicle Owner Trust 2024-A), Sale and Servicing Agreement (BMW Vehicle Owner Trust 2024-A), Sale and Servicing Agreement (BMW Vehicle Owner Trust 2022-A)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions (a copy of which shall be furnished to the Issuer and the Insurer) with respect to the Receivable Contract Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee.

Appears in 24 contracts

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture TrusteeTrustee Officer.

Appears in 16 contracts

Samples: Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2), Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee. A certified copy of a bylaw or of a resolution of the board of directors of the Trustee shall constitute conclusive evidence of the authority of any such Responsible Officer to act and shall be considered in full force and effect until receipt by the Servicer of written notice to the contrary given by the Trustee.

Appears in 15 contracts

Samples: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Indenture and Servicing Agreement (MCM Capital Group Inc), Indenture and Servicing Agreement (MCM Capital Group Inc)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee.

Appears in 15 contracts

Samples: Pooling and Servicing Agreement (Uacsc 1997-C Auto Trust), Pooling and Servicing Agreement (Uacsc 1997-D Auto Trust), Pooling and Servicing Agreement (Uacsc 1997-a Auto Trust)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture Trustee or, if the Notes have been paid in full, of the Owner Trustee.

Appears in 14 contracts

Samples: Sale and Servicing Agreement (BMW Fs Securities LLC), Sale and Servicing Agreement (BMW Fs Securities LLC), Sale and Servicing Agreement (SSB Vehicle Sec Huntington Auto Trust 2000-A)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Trust Student Loan Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture TrusteeTrustee or Indenture Administrator.

Appears in 13 contracts

Samples: Servicing Agreement (SLC Student Loan Trust 2010-1), Servicing Agreement (SLC Student Loan Receivables I Inc), Servicing Agreement (SLC Student Loan Trust 2008-2)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture TrusteeOwner Trustee on behalf of the Trust.

Appears in 11 contracts

Samples: Trust and Servicing Agreement (Uacsc 2001-a Owner Trust), Trust and Servicing Agreement (Uacsc 1999-B Owner Tr Auto Rec Bk Notes), Trust and Servicing Agreement (Uacsc 2002-a Owner TRST Auto Receivable Back Nt)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust an Authorized Officer of the Indenture Trustee.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Bank One Auto Securitization LLC), Pooling and Servicing Agreement (Mellon Auto Grantor Trust 1999-1), Pooling and Servicing Agreement (Bank One Texas National Association)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture Trustee.

Appears in 8 contracts

Samples: Sale and Servicing (Ace Securities Corp), Sale and Servicing (Ace Securities Corp), Sale and Servicing Agreement (Barnett Auto Receivables Corp)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions (a copy of which shall be furnished to the Insurer) with respect to the Receivable Contract Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Onyx Acceptance Financial Corp), Pooling and Servicing Agreement (Onyx Acceptance Financial Corp), Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)

Instructions; Authority to Act. The Servicer and the Sub-Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer Responsible officer of the Indenture Trustee.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Chevy Chase Auto Receivables Trust 1996-2)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Owner Trustee.

Appears in 4 contracts

Samples: Trust and Servicing Agreement (Bay View Securitization Corp), Trust and Servicing Agreement (Bay View Transaction Corp), Trust and Servicing Agreement (Uacsc Auto Trusts)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Owner Trustee on behalf of the Trust, the Indenture TrusteeTrustee or the Insurer as set forth in the Custodian Agreement.

Appears in 3 contracts

Samples: Trust and Servicing Agreement (Bay View Deposit CORP), Trust and Servicing Agreement (Bay View Securitization Corp), Trust and Servicing Agreement (Bay View Transaction Corp)

Instructions; Authority to Act. The With respect to any servicing and administrative matter not otherwise addressed in this Agreement, the Servicer shall be deemed to have received proper instructions (a copy of which shall be furnished to the Issuer and the Insurer) with respect to the Receivable Contract Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Onyx Acceptance Owner Trust 2005-A), Sale and Servicing Agreement (Onyx Acceptance Owner Trust 2005-B), Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Owner Trustee or Indenture Trustee.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture TrusteeTrustee Officer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Nissan Auto Receivables Corp Ii), Pooling and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture TrusteeAdministrative Agent. Such instructions may be general or specific in terms.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Americredit Corp)

Instructions; Authority to Act. The Servicer shall be ------------------------------ deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture Trustee.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Form of Sale and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Responsible Officer of the Owner Trustee on behalf of the Trust or a Responsible Officer of the Indenture TrusteeTrustee as set forth in the Custodian Agreement.

Appears in 2 contracts

Samples: Trust and Servicing Agreement (Bay View Deposit CORP), Trust and Servicing Agreement (Bay View Deposit CORP)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust an Authorized Officer of the Issuer or the Indenture Trustee.. 25 (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)

Instructions; Authority to Act. The Servicer shall be ------------------------------ deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture TrusteeTrustee Officer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital Ii Inc), Pooling and Servicing Agreement (Asset Backed Securities Corp)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture TrusteeTrustee in the case of the Receivables and the Collateral Agent in the case of the Eligible Investment Receivables.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp), Sale and Servicing Agreement (First Merchants Acceptance Corp)

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Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture TrusteeDeal Agent.

Appears in 1 contract

Samples: Credit Agreement (Santander Holdings USA, Inc.)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture TrusteePurchaser. The Servicer shall be entitled to rely and act upon any such instructions it reasonably believes to be genuine.

Appears in 1 contract

Samples: Servicing Agreement (First Merchants Acceptance Corp)

Instructions; Authority to Act. The Servicer ------------------------------ shall be deemed to have received proper instructions with respect to the Receivable Files Contract Documents upon its receipt of written instructions signed by a Trust Officer an authorized officer of the Indenture TrusteeAdministrator.

Appears in 1 contract

Samples: Servicing Agreement (Mail Well Inc)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture Trustee, or, if the Notes have been Paid In Full, by a Trust Officer of the Owner Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (California Republic Funding LLC)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions from the Trustee with respect to the Receivable Lease Files upon its receipt of written instructions signed by a Trust Officer of the Indenture TrusteeResponsible Officer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Fidelity Leasing Inc)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Receivables Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee.. POOLING AND SERVICING AGREEMENT

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bay View Deposit CORP)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Mortgage Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nations Banc Asset Sec Ins Asset Backed Cert Series 1997-1)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Loan Files upon its receipt of written instructions Sale and Servicing Agreement signed by a Trust Officer of the Indenture Trustee or by the Noteholders representing a majority of the outstanding Note Balance of the Controlling Class or, if the Notes have been Paid In Full, of the Owner Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Huntington Auto Trust 2012-2)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions from the Trustee with respect to the Receivable Contract Files upon its receipt of written instructions signed by a Trust Officer of the Indenture TrusteeResponsible Officer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Fidelity Leasing Inc)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture TrusteeTrustee or, if the Notes have been paid in full, of the Issuer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Fifth Third Auto Trust 2004-A)

Instructions; Authority to Act. The Servicer shall be ------------------------------- deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Asset Backed Securities Corp)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions (a copy of which shall be furnished to the Owner Trustee and the Insurer) with respect to the Receivable Contract Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Contract Files upon its receipt of written instructions signed by a Trust Officer an officer of the Indenture TrusteeWFSRC2.

Appears in 1 contract

Samples: Servicing Agreement (WFS Financial Inc)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Lease Files upon its receipt of written instructions signed by a Trust Officer of the Indenture Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Provident Lease Receivables Corp)

Instructions; Authority to Act. The Servicer shall be deemed ------------------------------ to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture Trustee.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture TrusteeOfficer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chrysler Financial Auto Securitization Trust 2010-A)

Instructions; Authority to Act. The Servicer shall be deemed to have received proper instructions with respect to the Receivable Loan Files upon its receipt of written instructions signed by a Trust Officer of the Indenture Trustee or by the Noteholders representing a majority Sale and Servicing Agreement of the outstanding Note Balance of the Controlling Class or, if the Notes have been Paid In Full, of the Owner Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Huntington Funding, LLC)

Instructions; Authority to Act. (a) The Servicer shall be deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Officer of the Indenture Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Merchants Acceptance Corp)

Instructions; Authority to Act. The Servicer shall be ------------------------------ deemed to have received proper instructions with respect to the Receivable Files upon its receipt of written instructions signed by a Trust Responsible Officer of the Indenture Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Usa Inc)

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