No Defenses. No Contract is subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and the operation of any of the terms of such Contract or the exercise of any right thereunder will not render the Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 85 contracts
Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2015-2), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2015-2), Sale and Servicing Agreement (Harley-Davidson Customer Funding Corp.)
No Defenses. No The Contract is not subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and the operation of any of the terms of such the Contract or the exercise of any right thereunder will not render the Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 57 contracts
Samples: Mortgage Sale, Contribution and Servicing Agreement (Palm Harbor Homes Inc /Fl/), Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)
No Defenses. No The Contract is not subject to any right of rescission, ----------- setoff, counterclaim or defense, including the defense of usury, and the operation of any of the terms of such the Contract or the exercise of any right thereunder will not render the Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 17 contracts
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Greenpoint Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)
No Defenses. No The Contract is not subject to any right of ----------- rescission, setoff, counterclaim or defense, including the defense of usury, and the operation of any of the terms of such the Contract or the exercise of any right thereunder will not render the Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 14 contracts
Samples: Sale and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Greenpoint Credit LLC), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
No Defenses. No The Contract and any related Mortgage is not subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and the operation of any of the terms of such the Contract or the exercise of any right thereunder will not render the Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 12 contracts
Samples: Custodial Agreement (Vanderbilt Mort & Fin Inc Senior Sub Pas THR Cert Ser 2002-C), Custodial Agreement (Vanderbilt Mort & Finance Pass Through Cert Series 1999b), Pooling and Servicing Agreement (Vanderbilt Mortgage & Fi in Ma Ho Co Sr Su Pa Th C Se 2001a)
No Defenses. No Contract is subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and the operation of any of the terms of such Contract or the exercise of any right thereunder will not render the Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted or threatened with respect thereto.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Dealer Auto Receivables Corp), Pooling and Servicing Agreement (Dealer Auto Receivables Corp), Sale and Servicing Agreement (Dealer Auto Receivables Corp)
No Defenses. No Contract is subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and the operation of any of the terms of such Contract any Contract, or the exercise of any right thereunder thereunder, will not render the such Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no the Seller has not received written notice of the assertion of any such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 4 contracts
Samples: Contribution Agreement (First Investors Financial Services Group Inc), Contribution Agreement (First Investors Financial Services Group Inc), Sale and Allocation Agreement (First Investors Financial Services Group Inc)
No Defenses. No Contract is subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and the operation of any of the terms of such Contract any Contract, or the exercise of any right thereunder thereunder, will not render the such Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no the Depositor has not received written notice of the assertion of any such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 3 contracts
Samples: Sale and Allocation Agreement (First Investors Financial Services Group Inc), Sale and Allocation Agreement (First Investors Financial Services Group Inc), Sale and Allocation Agreement (First Investors Financial Services Group Inc)
No Defenses. No The Contract is not subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and the operation of any of the terms of such Contract the Contract, or the exercise of any right thereunder thereunder, will not render the Contract unenforceable in whole whole, or in part as to the obligation of the related Obligor to pay the balance of the Contract, or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 3 contracts
Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement
No Defenses. No The Contract is not subject to any right of rescission, setoffset-off, counterclaim or defense, including including, without limitation, the defense of usury, and nor will the operation of any of the terms of such Contract the Contract, or the exercise of any right thereunder will not thereunder, render the Contract unenforceable unenforceable, in whole or in part part, or subject to any right of rescission, setoffset-off, counterclaim or defense, including the defense of usury, and no such right of rescission, setoffset-off, counterclaim or defense has been asserted with respect thereto.;
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Abs Trust 2002-Mh3)
No Defenses. No Such Contract is not subject to any right of ------------ rescission, setoff, counterclaim or defense, including the defense of usury, and the operation operations of any of the terms of such Contract or the exercise of any right thereunder will not render the such Contract unenforceable in whole or in part a manner materially affecting the value or collectibility of the Contract or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Fairfield Communities Inc), Receivables Purchase Agreement (Fairfield Communities Inc)
No Defenses. No Such Contract is not subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and the operation operations of any of the terms of such Contract or the exercise of any right thereunder will not render the such Contract unenforceable in whole or in part a manner materially affecting the value or collectibility of the Contract or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Fairfield Communities Inc)
No Defenses. No The Contract is not subject to (and the assignment thereof to Buyer pursuant to this Agreement will not subject the Contract to) any right of rescission, setoff, counterclaim or defense, including the defense of usury, and the operation of any of the terms of such the Contract or the exercise of any right thereunder will not render the Contract unenforceable in whole or in part or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Fleetwood Enterprises Inc/De/)
No Defenses. No Such Contract is not subject to any right of rescission, ----------- setoff, counterclaim or defense, including including, without limitation, the defense of usury, and the operation operations of any of the terms of such Contract or the exercise of any right thereunder will not render the such Contract unenforceable in whole or in part a manner materially affecting the value or collectibility of the Contract or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Fairfield Communities Inc)
No Defenses. No Such Contract is not subject to any right of ------------ rescission, setoff, counterclaim or defense, including including, without limitation, the defense of usury, and the operation operations of any of the terms of such Contract or the exercise of any right thereunder will not render the such Contract unenforceable in whole or in part a manner materially affecting the value or collectibility of such Contract, or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 1 contract
Samples: Pledge and Servicing Agreement (Fairfield Communities Inc)
No Defenses. No Such Contract is not subject to any right of ------------ rescission, setoff, counterclaim or defense, including the defense of usury, and the operation operations of any of the terms of such Contract or the exercise of any right thereunder will not render the such Contract unenforceable in whole or in part a manner materially affecting the value or collectibility of such Contract, or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 1 contract
No Defenses. No Such Contract is not subject to ----------- any right of rescission, setoff, counterclaim or defense, including the defense of usury, and the operation operations of any of the terms of such Contract or the exercise of any right thereunder will not render the such Contract unenforceable in whole or in part a manner materially affecting the value or subject to any right collectibility of rescissionsuch Contract, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim o or defense has been asserted with respect thereto.
Appears in 1 contract
No Defenses. No Such Contract is not subject to any right of rescission, ----------- setoff, counterclaim or defense, including the defense of usury, and the operation operations of any of the terms of such Contract or the exercise of any right thereunder will not render the such Contract unenforceable in whole or in part a manner materially affecting the value or collectibility of such Contract, or subject to any right of rescission, setoff, counterclaim or defense, including the defense of usury, and no such right of rescission, setoff, counterclaim or defense has been asserted with respect thereto.
Appears in 1 contract
