No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Documents to which the Depositor is a party will not: (i) conflict with or result in a material 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 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 the Transaction Documents.
Appears in 17 contracts
Samples: Trust Agreement (Ford Credit Auto Owner Trust 2014-A), Trust Agreement (Ford Credit Auto Owner Trust 2014-A), Trust Agreement (Ford Credit Auto Owner Trust 2013-D)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the Depositor Servicer is a party and the fulfillment of the terms of the Transaction Documents to which the Depositor Servicer is a party will not: not (i) conflict with or result in a material 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 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 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 the Transaction DocumentsDocuments to which it is a party.
Appears in 15 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2014-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2014-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2013-D)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Documents to which the Depositor is a party will not: not (i) conflict with or result in a material 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 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 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 the Transaction DocumentsDocuments to which it is a party.
Appears in 15 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2014-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2014-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2013-D)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Basic Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Basic Documents to which the Depositor is a party will not: not (i) conflict with or result in a material 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 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 the Transaction Basic Documents.
Appears in 10 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2007-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2008-C), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2006-B)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Documents to which the Depositor is a party will not: (i) conflict with or result in a material 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 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 the Transaction Documents.
Appears in 8 contracts
Samples: Trust Agreement (Ford Credit Auto Owner Trust 2015-B), Trust Agreement (Ford Credit Auto Owner Trust 2015-B), Trust Agreement (Ford Credit Auto Owner Trust 2015-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Basic Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Basic Documents to which the Depositor is a party will not: (i) conflict with or result in a material 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 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 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 the Transaction Basic Documents.
Appears in 7 contracts
Samples: Trust Agreement (Ford Credit Auto Owner Trust 2008-B), Trust Agreement (Ford Credit Auto Owner Trust 2008-A), Trust Agreement (Ford Credit Auto Owner Trust 2007-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Basic Documents to which the Depositor Servicer is a party and the fulfillment of the terms of the Transaction Basic Documents to which the Depositor Servicer is a party will not: not (i) conflict with or result in a material breach of the terms or provisions provision 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 guarantorguarantor (other than this Agreement), (ii) result in the creation or imposition of any Lien 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)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 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 Servicer or 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 the Transaction Basic Documents.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2007-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2008-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2008-C)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Basic Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Basic Documents to which the Depositor is a party will not: not (i) conflict with or result in a material 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 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 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 the Transaction Basic Documents.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2010-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2010-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2009-C)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Documents to which the Depositor is a party will not: not (i) conflict with or result in a material 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 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 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 the Transaction Documents.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2012-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2012-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2011-B)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Documents to which the Depositor is a party will not: (i) conflict with or result in a material 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 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 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 the Transaction Documents.
Appears in 5 contracts
Samples: Trust Agreement (Ford Credit Auto Owner Trust 2012-A), Trust Agreement (Ford Credit Auto Owner Trust 2012-A), Trust Agreement (Ford Credit Auto Owner Trust 2011-B)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Documents to which the Depositor is a party will not: not (i) conflict with or result in a material 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 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 lien under the Sale and Servicing 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 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 the Transaction DocumentsDocuments to which it is a party.
Appears in 4 contracts
Samples: Underwriting Agreement (Ford Credit Auto Owner Trust 2015-B), Underwriting Agreement (Ford Credit Auto Owner Trust 2015-A), Underwriting Agreement (Ford Credit Auto Owner Trust 2014-C)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Documents to which the Depositor is a party will not: not (i) conflict with or result in a material 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 upon lien, charge or encumbrance on any of the properties or assets of the Depositor pursuant to the terms of under any such indenture, mortgage, deed of trust, loan agreement, guarantee or similar agreement or instrument (other than the lien under the Second Tier Sale and Servicing 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 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 the Transaction DocumentsDocuments to which it is a party.
Appears in 4 contracts
Samples: Underwriting Agreement (Ford Credit Auto Lease Trust 2015-B), Underwriting Agreement (Ford Credit Auto Lease Trust 2015-A), Underwriting Agreement (CAB West LLC)
No Conflicts and No Violation. The consummation of the transactions contemplated by this Agreement and the Transaction other Basic Documents to which the Depositor Seller is a party party, and the fulfillment of the terms of the Transaction Documents to which the Depositor is a party this Agreement and such other Basic Documents, will not: not (i) conflict with or result in a material 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 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 or the Limited Liability Company Agreement 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 the Transaction this Agreement or such other Basic Documents.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2005-C), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2005-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2005-B)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Basic Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Basic Documents to which the Depositor is a party will not: (i) conflict with or result in a material 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 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 knowledge, any order, rule 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 the Transaction Basic Documents.
Appears in 2 contracts
Samples: Trust Agreement (Ford Credit Auto Owner Trust 2006-C), Trust Agreement (Ford Credit Auto Owner Trust 2006-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Documents to which the Depositor is a party will not: not (i) conflict with or result in a material 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 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 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 Lien, or violation would reasonably be expected to have a material adverse effect on the Depositor’s ability to perform its obligations under the Transaction DocumentsDocuments to which it is a party.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2012-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2012-B)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction 2012-A Basic Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction 2012-A Basic Documents to which the Depositor is a party will not: (i) conflict with or result in a material 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 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)instrument, (iii) violate the Certificate Depositor’s certificate of Formation formation or Limited Liability Company Agreement of the Depositor LLC Agreement, or (iv) violate any law or, to the Depositor’s knowledge, any order, rule 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 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 the Transaction 2012-A Basic Documents.
Appears in 2 contracts
Samples: Trust Agreement (Ford Credit Auto Lease Trust 2012-A), Trust Agreement (Ford Credit Auto Lease Trust 2012-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction 2011-A Basic Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction 2011-A Basic Documents to which the Depositor is a party will not: (i) conflict with or result in a material 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 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 Depositor’s certificate of Formation formation or Limited Liability Company Agreement of the Depositor LLC Agreement, or (iv) violate any law or, to the Depositor’s knowledge, any order, rule 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 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 the Transaction 2011-A Basic Documents.
Appears in 2 contracts
Samples: Trust Agreement (Ford Credit Auto Lease Trust 2011-A), Trust Agreement (Ford Credit Auto Lease Trust 2011-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Basic Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Basic Documents to which the Depositor is a party will not: (i) conflict with or result in a material 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 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 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 the Transaction Basic Documents.
Appears in 2 contracts
Samples: Trust Agreement (Ford Credit Auto Owner Trust 2010-B), Trust Agreement (Ford Credit Auto Owner Trust 2010-A)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Basic Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Basic Documents to which the Depositor is a party will not: (i) conflict with or result in a material 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 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 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 the Transaction Basic Documents.
Appears in 2 contracts
Samples: Trust Agreement (Ford Credit Auto Owner Trust 2009-A), Trust Agreement (Ford Credit Auto Owner Trust 2008-C)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the such Depositor is a party and the fulfillment of the terms of the Transaction Documents to which the such Depositor is a party will not: (i) conflict with or result in a material 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 such Depositor is a debtor or guarantor, (ii) result in the creation or imposition of any Lien upon any of the properties or assets of the such 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 AgreementTransaction Documents), (iii) violate the Certificate Organizational Documents of Formation or Limited Liability Company Agreement of the Depositor such Depositor, or (iv) violate any law or, to the such Depositor’s knowledge, any order, rule rule, or regulation applicable to the such Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the such 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 such Depositor’s ability to perform its obligations under the Transaction Documents.
Appears in 2 contracts
Samples: Trust Agreement (Ford Credit Floorplan LLC), Trust Agreement (Ford Credit Floorplan Corp)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction 2011-B Basic Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction 2011-B Basic Documents to which the Depositor is a party will not: (i) conflict with or result in a material 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 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 Depositor’s certificate of Formation formation or Limited Liability Company Agreement of the Depositor LLC Agreement, or (iv) violate any law or, to the Depositor’s knowledge, any order, rule 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 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 the Transaction 2011-B Basic Documents.
Appears in 2 contracts
Samples: Trust Agreement (Ford Credit Auto Lease Trust 2011-B), Trust Agreement (Ford Credit Auto Lease Trust 2011-B)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the Depositor Servicer is a party and the fulfillment of the terms of the Transaction Documents to which the Depositor Servicer is a party will not: not (i) conflict with or result in a material 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 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 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 Lien, or violation would reasonably be expected to have a material adverse effect on the DepositorServicer’s ability to perform its obligations under the Transaction DocumentsDocuments to which it is a party.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2012-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2012-B)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Documents to which the Depositor is a party will not: not (i) conflict with or result in a material 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 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 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 the Transaction Documents.
Appears in 1 contract
Samples: Underwriting Agreement (Ford Credit Auto Receivables Two LLC)
No Conflicts and No Violation. The consummation of the transactions contemplated by the Transaction Basic Documents to which the Depositor is a party and the fulfillment of the terms of the Transaction Basic Documents to which the Depositor is a party will not: not (i) conflict with or result in a material 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 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 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 the Transaction Basic Documents.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2009-A)