No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, and the fulfillment of the terms of this Agreement, will not (i) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance upon any of the properties or assets of the Depositor pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing Agreement), (iii) violate the Certificate of Formation or Limited Liability Company Agreement of the Depositor or (iv) violate any law or, to the Depositor’s knowledge, any order, rule or regulation applicable to the Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties, in each case which conflict, breach, default, Lien or violation would reasonably be expected to have a material adverse effect on the Depositor’s ability to perform its obligations under this Agreement.
Appears in 15 contracts
Samples: Purchase Agreement (Ford Credit Auto Owner Trust 2014-A), Purchase Agreement (Ford Credit Auto Owner Trust 2014-A), Purchase Agreement (Ford Credit Auto Owner Trust 2013-D)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, and the fulfillment of the terms of this Agreement, will not (i) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance upon any of the properties or assets of the Depositor pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing this Agreement), (iii) violate the Certificate of Formation or Limited Liability Company Agreement of the Depositor Agreement, or (iv) violate any law or, to the Depositor’s 's knowledge, any order, rule or regulation applicable to the Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties, in each case which conflict, breach, default, Lien lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s 's ability to perform its obligations under this Agreement.
Appears in 14 contracts
Samples: Purchase Agreement (Ford Credit Auto Owner Trust 2006-A), Purchase Agreement (Ford Credit Auto Owner Trust 2009-E), Purchase Agreement (Ford Credit Auto Owner Trust 2008-C)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, the Transaction Documents to which the Servicer is a party and the fulfillment of the terms of this Agreement, Transaction Documents to which the Servicer is a party will not (i) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor Servicer is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance Lien upon any of the properties or assets of the Depositor pursuant to Servicer under the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing Purchase Agreement), (iii) violate the Certificate of Formation or the Limited Liability Company Agreement of the Depositor Servicer or (iv) violate any law or, to the DepositorServicer’s knowledge, any order, rule or regulation applicable to the Depositor Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor Servicer or its properties, in each case case, which conflict, breach, default, Lien or violation would reasonably be expected to have a material adverse effect on the DepositorServicer’s ability to perform its obligations under this Agreementthe Transaction Documents to which it is a party.
Appears in 8 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2015-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2015-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2015-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, the Transaction Documents to which the Depositor is a party and the fulfillment of the terms of this Agreement, Transaction Documents to which the Depositor is a party will not (i) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance Lien upon any of the properties or assets of the Depositor pursuant to under the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing this Agreement), (iii) violate the Certificate of Formation or Limited Liability Company Agreement of the Depositor or (iv) violate any law or, to the Depositor’s knowledge, any order, rule or regulation applicable to the Depositor of any court or of any federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties, in each case case, which conflict, breach, default, Lien or violation would reasonably be expected to have a material adverse effect on the Depositor’s ability to perform its obligations under this Agreementthe Transaction Documents to which it is a party.
Appears in 8 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2015-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2015-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2015-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, and the fulfillment of the terms of this Agreement, will not (i) conflict with or result in a breach of the terms or provisions of, or constitute be a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance upon any of the properties or assets of the Depositor pursuant to under the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing Agreement), (iii) violate the Certificate of Formation or Limited Liability Company Agreement of the Depositor or (iv) violate any law or, to the Depositor’s knowledge, any order, rule or regulation applicable to the Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties, in each case which conflict, breach, default, Lien or violation would reasonably be expected to have a material adverse effect on the Depositor’s ability to perform its obligations under this Agreement.
Appears in 8 contracts
Samples: Purchase Agreement (Ford Credit Auto Owner Trust 2015-B), Purchase Agreement (Ford Credit Auto Owner Trust 2015-B), Purchase Agreement (Ford Credit Auto Owner Trust 2015-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, and the fulfillment of the terms of this Agreement, will not (i) conflict with or result in a any breach of any of the terms or and provisions of, or constitute a default under under, any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance Lien upon any of the properties or assets of the Depositor pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing as contemplated by this Agreement), (iii) violate the Certificate certificate of Formation or Limited Liability Company Agreement formation of the Depositor or the Depositor LLC Agreement, or (iv) violate any law or, to the Depositor’s knowledge, any order, order rule or regulation applicable to the Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality Governmental Authority having jurisdiction over the Depositor or its properties, in each case the failure to comply with which conflict, breach, default, Lien or violation would reasonably be expected to have a material adverse effect on the Depositor’s ability to perform its obligations under this Agreement.
Appears in 5 contracts
Samples: First Tier Sale Agreement (Ford Credit Auto Lease Trust 2011-B), First Tier Sale Agreement (Ford Credit Auto Lease Trust 2011-B), First Tier Sale Agreement (Ford Credit Auto Lease Trust 2011-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, and the fulfillment of the terms of this Agreement, will not (i) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance upon any of the properties or assets of the Depositor pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing this Agreement), (iii) violate the Certificate of Formation or Limited Liability Company Agreement of the Depositor Depositor, or (iv) violate any law or, to the Depositor’s knowledge, any order, rule or regulation applicable to the Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties, in each case which conflict, breach, default, Lien lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s ability to perform its obligations under this Agreement.
Appears in 5 contracts
Samples: Purchase Agreement (Ford Credit Auto Owner Trust 2012-A), Purchase Agreement (Ford Credit Auto Owner Trust 2012-A), Purchase Agreement (Ford Credit Auto Owner Trust 2011-B)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, and the fulfillment of the terms of this Agreement, will not (i) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor Purchaser is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance upon any of the properties or assets of the Depositor Purchaser pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing Agreement)instrument, (iii) violate the Certificate of Formation or the Limited Liability Company Agreement of the Depositor Purchaser, or (iv) violate any law or, to the Depositor’s Purchaser's knowledge, any order, rule or regulation applicable to the Depositor Purchaser of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or Purchaser of its properties, ; in each case case, which conflict, breach, default, Lien lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s Purchaser's ability to perform its obligations under this Agreement.
Appears in 4 contracts
Samples: Purchase Agreement (Ford Credit Auto Owner Trust 2005-A), Purchase Agreement (Ford Credit Auto Owner Trust 2005-C), Purchase Agreement (Ford Credit Auto Owner Trust 2005-B)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, Assignment and the fulfillment of the terms of this Agreement, Assignment will not (iA) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor Seller is a debtor or guarantor, (iiB) result in the creation or imposition of any lien, charge or encumbrance Lien upon any of the properties or assets of the Depositor Seller pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than this Assignment and the Sale and Servicing Agreement), (iiiC) violate the Certificate of Formation or Limited Liability Company Agreement Organizational Documents of the Depositor Seller, or (ivD) violate any law or, to the DepositorSeller’s knowledge, any order, rule or regulation applicable to the Depositor Seller of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor Seller or its properties, in each case which conflict, breach, default, Lien Lien, or violation would reasonably be expected to have a material adverse effect on the DepositorSeller’s ability to perform its obligations under this AgreementAssignment.
Appears in 4 contracts
Samples: Receivables Purchase Agreement (Ford Credit Floorplan LLC), Receivables Purchase Agreement (Ford Credit Floorplan LLC), Receivables Purchase Agreement (Ford Credit Floorplan Corp)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, and the fulfillment of the terms of this Agreement, will not (i) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor Seller is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance upon any of the properties or assets of the Depositor Seller pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing Agreement)instrument, (iii) violate the Certificate of Formation Incorporation or Limited Liability Company Agreement Bylaws of the Depositor Seller, or (iv) violate any law or, to the Depositor’s Seller's knowledge, any order, rule or regulation applicable to the Depositor Seller of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or Seller of its properties, ; in each case case, which conflict, breach, default, Lien lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s Seller's ability to perform its obligations under this Agreement.
Appears in 4 contracts
Samples: Purchase Agreement (Ford Credit Auto Owner Trust 2005-B), Purchase Agreement (Ford Credit Auto Owner Trust 2005-B), Purchase Agreement (Ford Credit Auto Owner Trust 2005-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, the Transaction Documents to which the Depositor is a party and the fulfillment of the terms of this Agreement, the Transaction Documents to which the Depositor is a party will not (iA) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is a debtor or guarantor, (iiB) result in the creation or imposition of any lien, charge or encumbrance Lien upon any of the properties or assets of the Depositor pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing this Agreement), (iiiC) violate the Certificate of Formation or Limited Liability Company Agreement Organizational Documents of the Depositor Depositor, or (ivD) violate any law or, to the Depositor’s knowledge, any order, rule or regulation applicable to the Depositor of any court or of any federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties, in each case which conflict, breach, default, Lien Lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s ability to perform its obligations under this Agreementthe Transaction Documents to which it is a party.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Ford Credit Floorplan LLC), Sale and Servicing Agreement (Ford Credit Floorplan LLC), Sale and Servicing Agreement (Ford Credit Floorplan Corp)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, Assignment and the fulfillment of the terms of this Agreement, Assignment will not (iA) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is a debtor or guarantor, (iiB) result in the creation or imposition of any lien, charge or encumbrance Lien upon any of the properties or assets of the Depositor pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than this Assignment and the Sale and Servicing Agreement), (iiiC) violate the Certificate of Formation or Limited Liability Company Agreement Organizational Documents of the Depositor Depositor, or (ivD) violate any law or, to the Depositor’s knowledge, any order, rule or regulation applicable to the Depositor of any court or of any federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties, in each case which conflict, breach, default, Lien Lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s Depositor ‘s ability to perform its obligations under this AgreementAssignment.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Ford Credit Floorplan LLC), Sale and Servicing Agreement (Ford Credit Floorplan Corp), Sale and Servicing Agreement (Ford Credit Floorplan Corp)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, and the fulfillment of the terms of this Agreement, will not (i) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance upon any of the properties or assets of the Depositor pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing this Agreement), (iii) violate the Certificate of Formation or Limited Liability Company Agreement of the Depositor Depositor, or (iv) violate any law or, to the Depositor’s 's knowledge, any order, rule or regulation applicable to the Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties, in each case which conflict, breach, default, Lien lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s 's ability to perform its obligations under this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Ford Credit Auto Owner Trust 2010-B), Purchase Agreement (Ford Credit Auto Owner Trust 2010-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, and the fulfillment of the terms of this Agreement, will not (i) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance upon any of the properties or assets of the Depositor pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing Agreement), (iii) violate the Certificate of Formation or Limited Liability Company Agreement of the Depositor or (iv) violate any law or, to the Depositor’s knowledge, any order, rule or regulation applicable to the Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties, in each case which conflict, breach, default, Lien Lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s ability to perform its obligations under this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Ford Credit Auto Owner Trust 2012-B), Purchase Agreement (Ford Credit Auto Owner Trust 2012-B)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, and the fulfillment of the terms of this Agreement, will not (i) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is Depositoris a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance upon any of the properties or assets of the Depositor pursuant Depositorpursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing this Agreement), (iii) violate the Certificate of Formation or Limited Liability Company Agreement of the Depositor LiabilityCompany Agreement, or (iv) violate any law or, to the Depositor’s 's knowledge, any order, rule or regulation applicable to the Depositor of Depositorof any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or Depositoror its properties, in each case which conflict, breach, default, Lien lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s 's ability to perform its obligations under this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Ford Credit Auto Owner Trust 2008-A)
No Conflicts and No Violation. The consummation execution and delivery of this Agreement and the performance of the transactions contemplated by this Agreement, and Agreement by the fulfillment of the terms of this Agreement, Servicer will not (i) conflict with or with, result in a breach of the terms or provisions of, or nor constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor Servicer is a debtor or guarantor, (ii) result in the creation or imposition of any lien, charge or encumbrance upon any of the properties or assets of the Depositor Servicer pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the Sale and Servicing Agreement)instrument, (iii) violate the Certificate certificate of Formation incorporation or Limited Liability Company Agreement the bylaws of the Depositor Servicer, or (iv) violate any law or, to the Depositor’s Servicer's knowledge, any order, rule or regulation applicable to the Depositor Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or Servicer of its properties, ; in each case case, which conflict, breach, default, Lien lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s Servicer's ability to perform its obligations under this Agreement.
Appears in 1 contract
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement, Assignment and the fulfillment of the terms of this Agreement, Assignment will not (iA) conflict with or result in a breach of the terms or provisions of, or constitute a default under any indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument under which the Depositor is a debtor or guarantor, (iiB) result in the creation or imposition of any lien, charge or encumbrance Lien upon any of the properties or assets of the Depositor pursuant to the terms of any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than this Assignment and the Sale and Servicing Agreement), (iiiC) violate the Certificate of Formation or Limited Liability Company Agreement Organizational Documents of the Depositor Depositor, or (ivD) violate any law or, to the Depositor’s knowledge, any order, rule or regulation applicable to the Depositor of any court or of any federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Depositor or its properties, in each case which conflict, breach, default, Lien Lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s ability to perform its obligations under this AgreementAssignment.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Ford Credit Floorplan LLC)