No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;
Appears in 161 contracts
Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-5), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-5), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-4)
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAgreement, and the fulfillment by the Servicer of the terms of this Agreement and the Servicer’s Basic Documentshereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws (or similar organizational documents) of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, the Pooling Agreement and the Further Transfer Agreements, or violate any lawlaw or, to the best of the Servicer’s knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and
Appears in 83 contracts
Samples: Servicing Agreement (Ally Auto Receivables Trust 2024-2), Servicing Agreement (Ally Auto Receivables Trust 2024-2), Servicing Agreement (Ally Auto Receivables Trust 2024-1)
No Violation. The execution, delivery and performance by the Transferor of this Agreement and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, nor constitute (with or without notice or lapse of time) a default under, the limited partnership agreement of the Transferor, or conflict with or breach any of the material terms or provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer Transferor is a party or by which it is bound, may be bound or any of its properties are subject; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such material indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement, or ); nor violate any lawlaw or, to the knowledge of the Transferor, any order, rule or regulation applicable to the Servicer it or its properties of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Transferor or any of its properties;.
Appears in 56 contracts
Samples: Subi Certificate Transfer Agreement (BMW Vehicle Lease Trust 2024-2), Subi Certificate Transfer Agreement (BMW Vehicle Lease Trust 2024-2), Subi Certificate Transfer Agreement (BMW Vehicle Lease Trust 2024-1)
No Violation. The execution, delivery and performance of this Agreement by the Transferee and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, nor constitute (with or without notice or lapse of time) a default under, the limited liability company agreement of the Transferee, or conflict with or breach any of the material terms or provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer Transferee is a party or by which it is bound, may be bound or any of its properties are subject; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such material indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement, or ); nor violate any lawlaw or, to the knowledge of the Transferee, any order, rule or regulation applicable to the Servicer it or its properties of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Transferee or any of its properties;.
Appears in 47 contracts
Samples: Subi Certificate Transfer Agreement (BMW Vehicle Lease Trust 2024-2), Subi Certificate Transfer Agreement (BMW Vehicle Lease Trust 2024-2), Subi Certificate Transfer Agreement (BMW Vehicle Lease Trust 2024-1)
No Violation. The execution, delivery and performance by the Transferor of this Agreement and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, nor constitute (with or without notice or lapse of time) a default under, the limited liability company agreement of the Transferor, or conflict with or breach any of the material terms or provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer Transferor is a party or by which it is bound, may be bound or any of its properties are subject; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such material indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement, or ); nor violate any lawlaw or, to the knowledge of the Transferor, any order, rule or regulation applicable to the Servicer it or its properties of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Transferor or any of its properties;.
Appears in 47 contracts
Samples: Issuer Subi Certificate Transfer Agreement (BMW Vehicle Lease Trust 2024-2), Issuer Subi Certificate Transfer Agreement (BMW Vehicle Lease Trust 2024-2), Issuer Subi Certificate Transfer Agreement (BMW Vehicle Lease Trust 2024-1)
No Violation. The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the ServicerPurchaser, or conflict with or breach any of the material terms or provisions of, or constitute (with or without notice or lapse of time) a default under, any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer Purchaser is a party or by which it is bound, may be bound or any of its properties are subject; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement, or ); nor violate any lawlaw or, to the knowledge of the Purchaser, any order, rule or regulation applicable to the Servicer it or its properties of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Purchaser or any of its properties;.
Appears in 32 contracts
Samples: Receivables Purchase Agreement (Honda Auto Receivables 2011-1 Owner Trust), Receivables Purchase Agreement (Honda Auto Receivables 2011-1 Owner Trust), Receivables Purchase Agreement (Honda Auto Receivables 2010-3 Owner Trust)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s other Basic Documents, Documents and the fulfillment of the terms of this Agreement and the Servicer’s other Basic Documents, Documents shall not conflict with, result in any breach of any of the terms and or provisions of, of or constitute (with or without notice or lapse of time, or both) a default under, the articles limited liability company agreement or certificate of incorporation or bylaws formation of the ServicerDepositor, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Depositor is a party or by which it is bound, ; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, Agreement and the other Basic Documents; or violate any law, order, rule or regulation applicable to the Servicer Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;Depositor.
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)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsDocuments to which the Servicer is a party, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;
Appears in 24 contracts
Samples: Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2020-1), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2020-1), Sale and Servicing Agreement (GM Financial Consumer Automobile Receivables Trust 2019-4)
No Violation. The execution, delivery and performance of this Agreement by the Transferee and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, nor constitute (with or without notice or lapse of time) a default under, the trust agreement of the Transferee, or conflict with or breach any of the material terms or provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer Transferee is a party or by which it is bound, may be bound or any of its properties are subject; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such material indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement, or ); nor violate any lawlaw or, to the knowledge of the Transferee, any order, rule or regulation applicable to the Servicer it or its properties of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Transferee or any of its properties;.
Appears in 22 contracts
Samples: Issuer Subi Certificate Transfer Agreement (BMW Auto Leasing LLC), Issuer Subi Certificate Transfer Agreement (BMW Auto Leasing LLC), Issuer Subi Certificate Transfer Agreement (Financial Services Vehicle Trust)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;
Appears in 20 contracts
Samples: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Americredit Automobile Receivables Trust 2003-B-X), Sale and Servicing Agreement (AmeriCredit Automobile Receivables Trust 2007-a-X)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic 's Related Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic 's Related Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;
Appears in 15 contracts
Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Receivables Finance Corp)
No Violation. The consummation by the Administrator of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAgreement, and the fulfillment by the Administrator of the terms of this Agreement and the Servicer’s Basic Documentshereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, under the articles of incorporation incorporation, bylaws or bylaws similar organizational document of the ServicerAdministrator, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Administrator is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any lawlaw or, to the best of the Administrator’s knowledge, any order, rule or regulation applicable to the Servicer Administrator of any court or of any federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Administrator or any of its properties;; and
Appears in 12 contracts
Samples: Administration Agreement (Ally Auto Assets LLC), Administration Agreement (Ally Auto Assets LLC), Administration Agreement (Ally Auto Assets LLC)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Related Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Related Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or notice, lapse of timetime or both) a default under, the articles of incorporation or bylaws of the ServicerSeller, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Seller is a party or by which it is bound, or result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, the Sale and Servicing Agreement and the Indenture, or violate any law, order, rule or regulation applicable to the Servicer Seller of any court or of any federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Seller or any of its properties;.
Appears in 10 contracts
Samples: Purchase Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Purchase Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Purchase Agreement (GM Financial Consumer Automobile Receivables Trust 2024-3)
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and fulfillment by the fulfillment Servicer of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a material default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust material agreement or other instrument to which the Servicer is a party or by which it or any of its property is bound, or ; nor result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument other than this Agreement, the Basic Documents or any lien created pursuant to the Securitization Law; nor violate any law, existing law or any order, rule or regulation applicable to the Servicer of any court or of any federal Federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.
Appears in 9 contracts
Samples: Recovery Property Servicing Agreement (SCE Recovery Funding LLC), Recovery Property Servicing Agreement (SCE Recovery Funding LLC), Recovery Property Servicing Agreement (SCE Recovery Funding LLC)
No Violation. The consummation of the transactions contemplated ------------ by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;
Appears in 8 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
No Violation. The consummation by the Seller of the transactions contemplated by this Agreement the applicable Further Transfer and the Servicer’s Basic Documents, Servicing Agreements and the fulfillment of the terms of this Agreement and such agreements by the Servicer’s Basic Documents, Seller shall not conflict with, result in any breach of any of the terms and provisions of, of or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws by-laws of the ServicerSeller, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer Seller is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust agreement or other instrument, other than this Agreementthe applicable Further Transfer and Servicing Agreements, or violate any lawlaw or, to the Seller’s knowledge, any order, rule or regulation applicable to the Servicer Seller of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Seller or any of its properties;
Appears in 8 contracts
Samples: Pooling Agreement (Navistar Financial Corp), Pooling Agreement (Navistar Financial Corp), Pooling Agreement (Navistar Financial Corp)
No Violation. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic 's Related Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documentshereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time, or both) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement or any Related Document, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;
Appears in 8 contracts
Samples: Transfer and Servicing Agreement (Antigua Funding Corp), Contribution and Servicing Agreement (Conseco Finance Lease 2000-1 LLC), Contribution and Servicing Agreement (Green Tree Lease Finance 1998-1 LLC)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s other Basic Documents, Documents to which the Servicer is a party and the fulfillment of the terms of this Agreement hereof and the Servicer’s Basic Documents, thereof shall not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of timetime or both) a default under, the articles of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is shall be bound, or nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, instrument (other than this Agreement, or ); nor violate any lawlaw or, to the best of the Servicer's knowledge, any order, rule rule, or regulation applicable to the Servicer of any court or of any federal or state State regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (Ford Motor Credit Co), Sale and Servicing Agreement (Ford Credit Auto Receivables Two L P), Sale and Servicing Agreement (Ford Credit Auto Receivables Two L P)
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsFurther Transfer and Servicing Agreements, and the fulfillment by the Servicer of the terms of this Agreement hereof and the Servicer’s Basic Documentsthereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation formation or bylaws limited liability company agreement of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the Further Transfer and Servicing Agreements, or violate any lawlaw or, to the best of the Servicer’s knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Capital Auto Receivables LLC), Pooling and Servicing Agreement (Capital Auto Receivables LLC), Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2007-3)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall Transaction Documents to which it is a party will not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles of incorporation charter documents or bylaws by-laws of the ServicerIssuer, or any material term of any indenture, agreement, mortgage, deed of trust trust, or other instrument to which the Servicer Issuer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust trust, or other instrument, other than this Agreementpursuant to the Indenture, or violate any law, law or any order, rule rule, or regulation applicable to the Servicer Issuer of any court or of any federal or state regulatory body, administrative agency agency, or other governmental instrumentality Governmental Authority having jurisdiction over the Servicer Issuer or any of its properties;
Appears in 6 contracts
Samples: Contribution and Sale Agreement (TAL International Group, Inc.), Contribution and Sale Agreement (TAL International Group, Inc.), Contribution and Sale Agreement (TAL International Group, Inc.)
No Violation. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, Related Documents and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Related Documents shall not conflict with, result in any breach of any of the terms and provisions of, of or constitute (with or without notice or lapse of time, or both) a default under, the articles certificate of incorporation or bylaws of the ServicerVendor Services, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Vendor Services is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, the Contribution and Servicing Agreement and the Indenture, or violate any law, order, rule or regulation applicable to the Servicer Vendor Services of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Vendor Services or any of its properties;.
Appears in 5 contracts
Samples: Transfer Agreement (Green Tree Lease Finance Ii Inc), Transfer Agreement (Green Tree Lease Finance 1998-1 LLC), Transfer Agreement (Conseco Finance Lease 2000-1 LLC)
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsFurther Transfer and Servicing Agreements, and the fulfillment by the Servicer of the terms of this Agreement hereof and the Servicer’s Basic Documentsthereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the Further Transfer and Servicing Agreements, or violate any lawlaw or, to the best of the Servicer's knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Capital Auto Receivables Inc), Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2004-2), Pooling and Servicing Agreement (Capital Auto Receivables Inc)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, Documents to which it is a party and the fulfillment of the their respective terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust trust, or other instrument to which the Servicer is a party or by which it is bound, ; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust trust, or other instrument, instrument other than this AgreementAgreement and the Basic Documents, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;
Appears in 5 contracts
Samples: Servicing Agreement (First Merchants Acceptance Corp), Sale and Servicing Agreement (First Merchants Acceptance Corp), Sale and Servicing Agreement (First Merchants Acceptance Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic 's Related Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic 's Related Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties. Notwithstanding the foregoing, it is understood that no representation or warranty is expressed herein with respect to the legality of the use of the word "Olympic" by the Servicer;
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Financial LTD)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer is a party or by which it is shall be bound, or ; nor result in the creation or imposition of any Lien (other than the lien of the Mortgage on the Servicer's interest in this Agreement) upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust agreement or other instrument, other than this Agreement, or ; nor violate any law, law or any order, rule or regulation applicable to the Servicer of any court or of any federal Federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.
Appears in 4 contracts
Samples: Master Servicing Agreement (Peco Energy Transition Trust), Master Servicing Agreement (Peco Energy Transition Trust), Master Servicing Agreement (Peco Energy Transition Trust)
No Violation. The execution, delivery and performance by the Transferor of this Agreement and the other Basic Documents to which the Transferor is a party and the consummation of the transactions contemplated by this Agreement hereby and the Servicer’s Basic Documents, thereby and the fulfillment of the terms of this Agreement hereof and the Servicer’s Basic Documents, shall thereof do not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws by-laws of the ServicerTransferor, or any material indenture, agreement, mortgage, deed of trust trust, or other instrument to which the Servicer Transferor is a party or by which it is bound, bound or any of its properties are subject; nor result in the creation or imposition of any Lien material lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust trust, or other instrument, instrument (other than this Agreement, or the Basic Documents); nor violate any law, order, rule rule, or regulation applicable to the Servicer Transferor of any court or of any federal Federal or state State regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer Transferor or any of its properties;.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp.), Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II), Sale and Servicing Agreement (Long Beach Acceptance Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, other Transaction Documents to which it is a party and the fulfillment of the terms of this Agreement hereof and the Servicer’s Basic Documents, shall thereof do not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles Servicer’s certificate of incorporation or bylaws of the Servicerincoproation, or any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer is a party or by which it is may be bound, or ; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement); nor, or to the best of the Servicer’s knowledge, violate any law, law applicable to the Servicer or any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Drive Auto Receivables LLC), Sale and Servicing Agreement (Drive Auto Receivables LLC)
No Violation. The consummation of the transactions contemplated by this Servicing Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, thereof shall not conflict with, result in any breach of any of the terms terms, and the provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation organization or bylaws by-laws of RAC, or to the best of the ServicerRAC's knowledge, or after reasonable investigation, any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer RAC is a party or by which it is shall be bound, or ; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, instrument (other than this Servicing Agreement, or ); nor violate any lawlaw or, to the best of the RAC's knowledge, any order, rule rule, or regulation applicable to the Servicer RAC of any court or of any federal or state regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer RAC or any of its properties;.
Appears in 3 contracts
Samples: Servicing Agreement (Ugly Duckling Corp), Servicing Agreement (Ugly Duckling Corp), Servicing Agreement (Cygnet Financial Corp)
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsFurther Transfer and Servicing Agreements, and the fulfillment by the Servicer of the terms of this Agreement hereof and the Servicer’s Basic Documentsthereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the Further Transfer and Servicing Agreements, or violate any lawlaw or, to the best of the Servicer's knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Capital Auto Receivables Inc), Pooling and Servicing Agreement (Capital Auto Receivables Inc), Pooling and Servicing Agreement (Capital Auto Receivables Inc)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s other Basic Documents, Documents to which it is a party and the fulfillment of the their respective terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles of incorporation or bylaws of the Master Servicer, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Master Servicer is a party or by which it is bound, ; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the other Basic Documents, or violate any law, order, rule or regulation applicable to the Master Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Master Servicer or any of its properties;.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2), Sale and Servicing Agreement (Regions Auto Receivables Trust 2003-1), Sale and Servicing Agreement (Regions Acceptance LLC)
No Violation. The consummation of the transactions ------------ contemplated by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties, or any way materially adversely affect the interest of the Insurer, the Noteholders or the Trust in any Receivable or affect the Servicer's ability to perform its obligations under this Agreement;
Appears in 3 contracts
Samples: Sale and Servicing Agreement (TFC Enterprises Inc), Sale and Servicing Agreement (TFC Enterprises Inc), Sale and Servicing Agreement (TFC Enterprises Inc)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Related Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Related Documents, shall will not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or notice, lapse of timetime or both) a default under, the articles limited liability company agreement of incorporation or bylaws of the ServicerDepositor, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Depositor is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, the Sale and Servicing Agreement and the Indenture, or violate any law, order, rule or regulation applicable to the Servicer Depositor of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Depositor or any of its properties;.
Appears in 3 contracts
Samples: Purchase Agreement (Triad Automobile Receivables Trust 2003-B), Purchase Agreement (Bond Securitization LLC), Purchase Agreement (Triad Auto Receivables Trust 2003-A)
No Violation. The execution, delivery and performance by the Servicer of this Agreement and each other Basic Document to which the Servicer is a party, the consummation of the transactions contemplated by this Agreement hereby and the Servicer’s Basic Documents, thereby and the fulfillment of the their respective terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles of incorporation association or bylaws of the Servicer, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or party, by which it the Servicer is bound, bound or to which any of its properties are subject; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the other Basic Documents, or violate any law, order, rule or regulation applicable to the Servicer of any court or its properties of any federal or state State regulatory body, court, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Wachovia Auto Owner Trust 2005-A), Sale and Servicing Agreement (Wachovia Auto Owner Trust 2004-B)
No Violation. The execution, delivery and performance by the Purchaser of this Agreement and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, hereby and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall hereof do not conflict with, result in any a breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws charter documents of the ServicerPurchaser, or any indenture, agreement, mortgage, deed of trust trust, or other instrument to which the Servicer Purchaser is a party or by which it is bound, bound or to which any of its properties are subject; nor result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust trust, or other instrument, other than this Agreement, or ; nor violate any law, order, rule or regulation applicable to the Servicer Purchaser of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Purchaser or any of its properties;.
Appears in 2 contracts
Samples: Purchase Agreement (Bay View Transaction Corp), Purchase Agreement (Bay View Deposit CORP)
No Violation. The execution, delivery and performance by the Servicer of this Agreement and the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, hereby and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall hereof do not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust trust, or other instrument to which the Servicer is a party or by which it is bound, bound or any of its properties are subject; nor result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust trust, or other instrument, instrument (other than this Agreement, or ); nor violate any law, order, rule rule, or regulation applicable to the Servicer of any court or of any federal Federal or state State regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Consumer Portfolio Services Inc), Pooling and Servicing Agreement (Consumer Portfolio Services Inc)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, Documents and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Documents shall not conflict with, result in any breach of any of the terms and provisions of, of or constitute (with or without notice or notice, lapse of timetime or both) a default under, under the articles certificate of incorporation or bylaws by-laws of the ServicerReceivables Seller, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Receivables Seller is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer Receivables Seller of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Receivables Seller or any of its properties;.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Americredit Corp)
No Violation. The consummation of the transactions ------------ contemplated by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s other Basic Documents, Documents to which it is a party and the fulfillment of the their respective terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles Certificate of incorporation Incorporation or bylaws Bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, ; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the other Basic Documents, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (SSB Vehicle Securities Inc SSB Auto Loan Trust 2002-1), Sale and Servicing Agreement (SSB Vehicle Securities Inc SSB Auto Loan Trust 2002-1)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any 61 breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc), Sale and Servicing Agreement (Americredit Financial Services Inc)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s 's Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s 's Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties, or any way materially adversely affect the interest of the Insurer, the Noteholders or the Trust in any Receivable or affect the Servicer's ability to perform its obligations under this Agreement;
Appears in 1 contract
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAgreement, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws by-laws of the ServicerBorrower, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Borrower is a party or by which it is bound, or result in the creation or imposition of any Lien other than Permitted Liens upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, instrument (other than this Agreement), or violate any lawlaw or, to the knowledge of Borrower, any order, rule or regulation applicable to the Servicer Borrower of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Borrower or any of its properties;.
Appears in 1 contract
Samples: Loan and Security Agreement (Navistar Financial Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall do not conflict with, result in any breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or conflict with or breach any of the material terms or provisions of, or constitute (with or without notice or lapse of time) a default under, any indenture, agreement, mortgage, deed of trust agreement or other instrument to which the Servicer is a party or by which it is shall be bound, or ; nor result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust agreement or other instrument, instrument (other than this Agreement); nor violate, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; which breach, default, conflict, Lien or violation would have a material adverse effect on the Receivables or the Owner's interests therein.
Appears in 1 contract
No Violation. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAgreement, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, hereof shall not conflict with, result in any breach of any of the terms and provisions of, or constitute 22031971.5 13 (with or without notice or lapse of time, or both) a default under, the articles certificate of incorporation or bylaws of the Backup Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Backup Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Backup Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Backup Servicer or any of its properties;.
Appears in 1 contract
Samples: Backup Servicing Agreement (Credit Acceptance Corp)
No Violation. The execution, delivery and performance by the Servicer of this Agreement and each other Basic Document to which the Servicer is a party, the consummation of the transactions contemplated by this Agreement hereby and the Servicer’s Basic Documents, thereby and the fulfillment of the their respective terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of timetime or both) a default under, the articles of incorporation association or bylaws of the Servicer, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or party, by which it the Servicer is bound, bound or to which any of its properties are subject; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the other Basic Documents, or violate any law, order, rule or regulation applicable to the Servicer of any court or its properties of any federal or state regulatory body, court, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documentshis Agreement, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documentshereof, shall will not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or notice, lapse of timetime or both) a default under, the articles under Assignee's certificate of incorporation or bylaws of the Servicerby-laws, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer Assignee is a party or by which it Assignee is bound, or result in the creation or imposition of any Lien lien upon any of its material properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other such instrument, other than this Agreementor, or to the best of Assignee's knowledge, violate any law, or any material order, rule or regulation applicable to the Servicer it, of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer it or any of its properties;
Appears in 1 contract
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAssignment, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Assignment shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws by-laws of the ServicerNFC, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer NFC is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its material properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, instrument (other than this Agreement, the Assignment or any Further Transfer and Servicing Agreement), or violate any lawlaw or, to NFC's knowledge, any order, writ, judgment, award, injunction, decree, rule or regulation applicable to the Servicer NFC of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer NFC or any of its properties;
Appears in 1 contract
Samples: Receivables Sale Agreement (Navistar Financial Corp)
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsFurther Transfer and Servicing Agreements, and the fulfillment by the Servicer of the terms of this Agreement hereof and the Servicer’s Basic Documentsthereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation formation or bylaws limited liability company agreement of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the Further Transfer and Servicing Agreements, or violate any lawlaw or, to the best of the Servicer’s knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital Auto Receivables LLC)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, instrument (other than this Agreement), or violate any lawlaw or, to the Servicer’s knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.
Appears in 1 contract
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic 's Related Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic 's Related Documents, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is or its properties are bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;
Appears in 1 contract
Samples: Sale and Servicing Agreement (First Enterprise Financial Group Inc)
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsFurther Transfer and Servicing Agreements, and the fulfillment by the Servicer of the terms of this Agreement hereof and the Servicer’s Basic Documentsthereof, shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles of incorporation or bylaws by-laws of the Servicer, or any indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this AgreementAgreement and the Further Transfer and Servicing Agreements, or violate any lawlaw or, to the best of the Servicer’s knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;; and
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Capital Auto Receivables Asset Trust 2006-1)
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the Servicer’s Basic Documents, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, shall hereof will not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or notice, lapse of timetime or both) a default under, the articles of incorporation charter documents or bylaws by-laws of the Servicer, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its material properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate any lawlaw or, [to the best of the Servicer's knowledge,] any order, rule or regulation applicable to the Servicer of any court or of any federal Federal or state State regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
No Violation. The consummation of the transactions contemplated by this Agreement, the Servicer’s Related Documents, the Trust Agreement and the Servicer’s Basic Documents, SUBI Supplement and the fulfillment of the terms of this Agreement, the Servicer’s Related Documents, the Trust Agreement and the Servicer’s Basic Documents, SUBI Supplement shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation formation or bylaws operating agreement of the Servicer, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer is a party or by which it is or its properties are bound, or result in the creation or imposition of any Lien Adverse Claim upon any of its properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, other than this Agreement, or violate in any material respect any law, order, rule or regulation applicable to the Servicer of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or any of its properties;.
Appears in 1 contract
Samples: Servicing Agreement (Rochdale High Yield Advances Fund LLC)
No Violation. The consummation of the transactions contemplated by this Agreement and the Servicer’s Basic DocumentsAssignment, and the fulfillment of the terms of this Agreement and the Servicer’s Basic Documents, Assignment shall not conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time) a default under, the articles certificate of incorporation or bylaws by-laws of the ServicerNFC, or any material indenture, agreement, mortgage, deed of trust or other instrument to which the Servicer NFC is a party or by which it is bound, or result in the creation or imposition of any Lien upon any of its material properties pursuant to the terms of any such indenture, agreement, mortgage, deed of trust or other instrument, instrument (other than this Agreement, the Assignment or any Further Transfer and Servicing Agreement), or violate any lawlaw or, to NFC’s knowledge, any order, writ, judgment, award, injunction, decree, rule or regulation applicable to the Servicer NFC of any court or of any federal or state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer NFC or any of its properties;
Appears in 1 contract
Samples: Receivables Sale Agreement (Navistar Financial Retail Receivables Corp)