No Insolvency. With respect to the Additional Receivables as of the related Subsequent Closing Date, (i) the Seller was not and will not become insolvent as a result of the transfer of such Additional Receivables, (ii) the Seller did not intend to or believe that it would incur debts that would be beyond its ability to pay as such debts matured, (iii) the Seller did not transfer such Additional Receivables with the actual intent to hinder, delay or defraud any Person and (iv) the assets of the Seller did not constitute unreasonably small capital to carry out its business as conducted.
Appears in 22 contracts
Samples: Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-4), Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-4), Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-3)
No Insolvency. With respect to the Additional Receivables as of the related Subsequent Closing Date, (i) the Seller was not and will not become insolvent as a result of the transfer of such Additional Receivables, (ii) the Seller did not intend to or believe that it would incur debts that would be beyond its ability to pay as such debts matured, (iii) the Seller did not transfer such Additional Receivables with the actual intent to hinder, delay or defraud any Person and (iv) the assets of the Seller did not constitute unreasonably small capital to carry out its business as conducted].
Appears in 8 contracts
Samples: Pooling Agreement (Ally Auto Assets LLC), Pooling Agreement (Ally Auto Assets LLC), Pooling and Servicing Agreement (Capital Auto Receivables LLC)
No Insolvency. With respect to the Additional Receivables as of the related Subsequent Closing Transfer Date, : (iA) the Seller was not insolvent and will not become insolvent as a result of the transfer of such Additional ReceivablesReceivables on the related Subsequent Transfer Date, (iiB) the Seller did not intend to incur or believe that it would incur debts that would be beyond its the Seller's ability to pay as such debts matured, (iiiC) such transfer was not made by the Seller did not transfer such Additional Receivables with the actual intent to hinder, delay or defraud any Person and (ivD) the assets of the Seller did not constitute unreasonably small capital to carry out its business as conducted.
Appears in 1 contract
Samples: Purchase Agreement (Ford Credit Auto Receivables Two L P)
No Insolvency. With respect to the Additional Receivables as of the related Subsequent Closing Date, (i) the Seller was not and will not become insolvent as a result of the transfer of such Additional Receivables, (ii) the Seller did not intend to or believe that it would incur debts that would be beyond its ability to pay as such debts matured, (iii) the Seller did not transfer such Additional Receivables with the actual intent to hinder, delay or defraud any Person and (iv) the assets of the Seller Ally Bank did not constitute unreasonably small capital to carry out its business as conducted.]
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ally Auto Assets LLC)
