No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof 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 certificate of formation, limited liability company agreement or by-laws of the Servicer, or any indenture, agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreement); or violate any law 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 its properties.
Appears in 103 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2024-C), Sale and Servicing Agreement (CNH Equipment Trust 2024-C), Sale and Servicing Agreement (CNH Equipment Trust 2024-B)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall do 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 certificate of formation, limited liability company agreement or by-laws of the ServicerSeller, or any indenture, agreement or other instrument to which the Servicer Seller is a party or by which it shall be 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 or other instrument (other than this Agreementthe Basic Documents); or violate any law or, to the best of the ServicerSeller’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 its properties.
Appears in 103 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2024-C), Sale and Servicing Agreement (CNH Equipment Trust 2024-C), Sale and Servicing Agreement (CNH Equipment Trust 2024-B)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall do 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 certificate of formation, limited liability company agreement or by-laws of the ServicerCNHCR, or any indenture, agreement or other instrument to which the Servicer CNHCR is a party or by which it shall be 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 or other instrument (other than this Agreementthe Sale and Servicing Agreement and the Indenture); or violate any law or, to the best of the ServicerCNHCR’s knowledge, any order, rule or regulation applicable to the Servicer CNHCR of any court or of any federal or State state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer CNHCR or its properties.
Appears in 86 contracts
Samples: Purchase Agreement (CNH Equipment Trust 2021-B), Purchase Agreement (CNH Equipment Trust 2021-B), Purchase Agreement (CNH Equipment Trust 2021-A)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall or 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 timetime or both) a default under, the certificate articles of formation, limited liability company agreement incorporation or by-laws of the ServicerAdministrator, or any indenture, agreement or other instrument to which the Servicer Administrator is a party or by which it 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 or other instrument (other than this Agreementpursuant to the Basic Documents); or nor violate any law or, to the best knowledge of the Servicer’s knowledgeAdministrator, any order, rule or regulation applicable to the Servicer Administrator of any court or of any federal Federal or State state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Administrator or its properties.
Appears in 68 contracts
Samples: Administration Agreement (SLM Funding LLC), Administration Agreement (SLM Funding LLC), Administration Agreement (SLC Student Loan Trust 2010-1)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement or other instrument to which the Servicer is a party or by which it 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 or other instrument (other than this Agreement); or nor violate any law 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 regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or its properties.
Appears in 66 contracts
Samples: Sale and Servicing Agreement (John Deere Owner Trust 2024-C), Sale and Servicing Agreement (John Deere Owner Trust 2024-B), Sale and Servicing Agreement (John Deere Owner Trust 2024-B)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall or 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 timetime or both) a default under, the certificate articles of formation, limited liability company agreement incorporation or by-laws of the ServicerAdministrator, or any indenture, agreement or other instrument to which the Servicer Administrator is a party or by which it 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 or other instrument (other than this Agreementpursuant to the Basic Documents); or nor violate any law or, to the best knowledge of the Servicer’s knowledgeAdministrator, 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 its properties.
Appears in 31 contracts
Samples: Administration Agreement (Navient Student Loan Trust 2015-3), Administration Agreement (Navient Student Loan Trust 2015-2), Administration Agreement (Navient Student Loan Trust 2015-1)
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the fulfillment by the Servicer of the terms 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 certificate articles of formation, limited liability company agreement incorporation or by-laws bylaws of the Servicer, or any indenture, material agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreement)the Basic Documents or any lien created pursuant to the Wildfire Financing Law; or nor violate any existing law or, to the best of the Servicer’s knowledge, 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 Governmental Authority having jurisdiction over the Servicer or its properties.
Appears in 12 contracts
Samples: Recovery Property Servicing Agreement (PACIFIC GAS & ELECTRIC Co), Recovery Property Servicing Agreement (PG&E Recovery Funding LLC), Recovery Property Servicing Agreement (PG&E Recovery Funding LLC)
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the fulfillment by the Servicer of the terms 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 certificate articles of formation, limited liability company agreement incorporation or by-laws bylaws of the Servicer, or any indenture, material agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreement)the Basic Documents or any lien created pursuant to the Securitization Law; or nor violate any existing law or, to the best of the Servicer’s knowledge, 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 Governmental Authority having jurisdiction over the Servicer or its properties.
Appears in 8 contracts
Samples: Securitized Utility Tariff Property Servicing Agreement (Ameren Missouri Securitization Funding I, LLC), Intercreditor Agreement (Evergy Missouri West Storm Funding I, LLC), Securitized Utility Tariff Property Servicing Agreement (Evergy Missouri West Storm Funding I, LLC)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any other material indenture, agreement or other instrument to which the Servicer is a party or by which it 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 or other instrument (other than this except as contemplated in the Indenture and as set forth in the Sale Agreement); or nor violate any law or, to the best of the Servicer’s knowledge, or 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 its properties.
Appears in 8 contracts
Samples: Transferred Environmental Control Property Servicing Agreement (PE Environmental Funding LLC), Environmental Control Property Servicing Agreement (MP Environmental Funding LLC), Transferred Environmental Control Property Servicing Agreement (MP Environmental Funding LLC)
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the fulfillment by the Servicer of the terms hereof 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreementas contemplated by the Basic Documents); or nor violate any law or, to the best of the Servicer’s '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 its properties.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Caterpillar Financial Funding Corp), Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2006-A), Sale and Servicing Agreement (Caterpillar Financial Funding Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement or other instrument to which the Servicer is a party or by which it 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 or other instrument (other than this Agreementas contemplated by the Basic Documents); or nor violate any law or, to the best of the Servicer’s '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 its properties.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2004-A), Sale and Servicing Agreement (Caterpillar Financial Funding Corp), Sale and Servicing Agreement (Caterpillar Financial Funding Corp)
No Violation. The consummation of the transactions contemplated by this Servicing Agreement and the fulfillment of the terms hereof shall not thereof will not: (i) 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 certificate organizational documents of formation, limited liability company the Servicer or any indenture or other agreement or by-laws of the Servicer, or any indenture, agreement or other instrument to which the Servicer is a party or by which it shall be or any of its property is bound; or (ii) result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement or other instrument (other than this Agreementany Lien that may be granted under the Basic Documents); or (iii) violate any existing law or, to the best of the Servicer’s knowledge, or any existing 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 Governmental Authority having jurisdiction over the Servicer or its properties.
Appears in 5 contracts
Samples: Environmental Control Property Servicing Agreement (WEPCo Environmental Trust Finance I, LLC), Environmental Control Property Servicing Agreement (WEPCo Environmental Trust Finance I, LLC), Environmental Control Property Servicing Agreement (WEPCo Environmental Trust Finance I, LLC)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall do not (i) 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the ServicerSeller, or any indenture, agreement or other instrument to which the Servicer Seller is a party or by which it shall be bound; or (ii) result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement or other instrument (other than this Agreementpursuant to the Basic Documents); or (iii) violate any law or, to the best of the Servicer’s Seller's knowledge, any 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 its properties.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Caterpillar Financial Funding Corp), Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2004-A), Sale and Servicing Agreement (Caterpillar Financial Funding Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof 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 certificate articles of formation, limited liability company agreement incorporation or by-laws bylaws of the Servicer, or any material term of any indenture, agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreement); or violate any law or, to the best of the Servicer’s '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 its properties.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Bond Securitization LLC), Sale and Servicing Agreement (Bond Securitization LLC), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall does 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 certificate articles of formation, limited liability company agreement incorporation or by-laws bylaws of the Servicer, or any material term of any indenture, agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreement); or violate any law or, to the best of the Servicer’s '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 its properties.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement agreement, or other instrument to which the Servicer is a party or by which it 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 agreement, or other instrument (other than this Agreement); or nor violate any law or, to the best of the Servicer’s 's knowledge, any order, rule rule, or regulation applicable to the Servicer of any court or of any federal or State regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer or its properties.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Bay View Securitization Corp), Pooling and Servicing Agreement (Bay View Securitization Corp), Pooling and Servicing Agreement (Bay View Securitization Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall do not (i) 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the ServicerSeller, or any indenture, agreement or other instrument to which the Servicer Seller is a party or by which it shall be bound; or (ii) result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement or other instrument (other than this Agreementpursuant to the Basic Documents); or (iii) or violate any law or, to the best of the Servicer’s Seller's knowledge, any 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 its properties.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Caterpillar Financial Funding Corp), Sale and Servicing Agreement (Caterpillar Financial Funding Corp), Sale and Servicing Agreement (Caterpillar Financial Funding Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall do 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 certificate articles of formation, limited liability company agreement incorporation or by-laws bylaws of the ServicerCompany, or any material term of any indenture, agreement or other instrument to which the Servicer Company is a party or by which it shall be 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 or other instrument (other than pursuant to this Agreement); or violate any law or, to the best of the Servicer’s Company's knowledge, any order, rule or regulation applicable to the Servicer Company of any court or of any federal or State state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Company or its properties.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall or 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 timetime or both) a default under, the certificate charter, articles of formation, limited liability company agreement incorporation or by-laws of the ServicerAdministrator, or any indenture, agreement or other instrument to which the Servicer Administrator is a party or by which it 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 or other instrument (other than this Agreementpursuant to the Basic Documents); or nor violate any law or, to the best knowledge of the Servicer’s knowledgeAdministrator, any order, rule or regulation applicable to the Servicer Administrator of any court or of any federal Federal or State state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Administrator or its properties.
Appears in 4 contracts
Samples: Administration Agreement (SLM Private Credit Student Loan Trust 2007-A), Administration Agreement (SLM Private Credit Student Loan Trust 2006-C), Administration Agreement (SLM Private Credit Student Loan Trust 2006-A)
No Violation. The consummation of the transactions contemplated by this Agreement and any Intercreditor Agreement and the fulfillment of the terms hereof shall of each such transaction will 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 certificate of formation, limited liability company agreement or by-laws organizational documents of the Servicer, or any indenture, indenture or other agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreementany Lien that may be granted under the Basic Documents or any Lien created pursuant to Section 24-2-4f(o) of the Securitization Law); or nor violate any existing law or, to the best of the Servicer’s knowledge, or any existing 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 Governmental Authority having jurisdiction over the Servicer or its properties.
Appears in 3 contracts
Samples: Property Servicing Agreement (Appalachian Consumer Rate Relief Funding LLC), Property Servicing Agreement (Appalachian Consumer Rate Relief Funding LLC), Property Servicing Agreement (Appalachian Consumer Rate Relief Funding LLC)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof 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 certificate articles of formation, limited liability company agreement incorporation or by-laws bylaws of the Servicer, or any material term of any indenture, agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreement); or violate any law 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 its properties.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the Intercreditor Agreement and the fulfillment of the terms hereof shall of each such transaction will 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 certificate of formation, limited liability company agreement or by-laws organizational documents of the Servicer, or any indenture, indenture or other agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreementany Lien that may be granted under the Basic Documents or any Lien created pursuant to Section 4928.2312(C)(2) of the Securitization Law); or nor violate any existing law or, to the best of the Servicer’s knowledge, or any existing 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 Governmental Authority having jurisdiction over the Servicer or its properties.
Appears in 3 contracts
Samples: Phase in Recovery Property Servicing Agreement (Ohio Phase-in-Recovery Funding LLC), Phase in Recovery Property Servicing Agreement (Ohio Phase-in-Recovery Funding LLC), Phase in Recovery Property Servicing Agreement (Ohio Phase-in-Recovery Funding LLC)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall do not conflict withviolate, 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 certificate of formation, limited liability company agreement charter or by-laws of the ServicerTransferor, or any material indenture, material agreement or other material instrument to which the Servicer Transferor is a party or by which it 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 material indenture, material agreement or other material instrument (other than this Agreementpursuant to the Basic Documents); or nor violate any material law or, to the best knowledge of the Servicer’s knowledgeTransferor, 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 Transferor or its properties.
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (Crestar Bank /Va), Transfer and Servicing Agreement (Crestar Bank /Va), Transfer and Servicing Agreement (Crestar Bank /Va)
No Violation. The consummation of the transactions contemplated by this the Agreement and the fulfillment of the terms 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 timetime or both) a default under, the certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement or other instrument to which the Servicer is a party or by which it 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 or other instrument (other than this the Agreement); or nor violate any law 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 regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer or its properties.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Nationscredit Securitization Corp), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms 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 timetime or both) a default under, the certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement or other instrument to which the Servicer is a party or by which it 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 or other instrument (other than this the Agreement); or nor violate any law 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 regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer or its properties.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2)
No Violation. The consummation by ALER of the transactions contemplated by this Agreement and the fulfillment of the terms hereof of this Agreement 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 certificate of formation, limited liability company agreement or by-laws of the ServicerALER, or any indenture, agreement agreement, mortgage, deed of trust or other instrument to which the Servicer ALER is a party or by which it shall be 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 or other instrument (other than this Agreement, any PA Assignment or any Transfer and Servicing Agreement); , or violate any law or, to the best of the Servicer’s ALER's knowledge, any order, rule or regulation applicable to the Servicer ALER of any court or of any federal or State state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer ALER or any of its properties.;
Appears in 1 contract
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof 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 certificate of formation, limited liability company agreement or by-laws of the Servicer, or any indenture, agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreement); or violate any law 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 its properties.
Appears in 1 contract
Samples: Sale and Servicing Agreement (CNH Capital Receivables Inc)
No Violation. The consummation of the transactions contemplated by this the Agreement and the fulfillment of the terms 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement agreement, or other instrument to which the Servicer is a party or by which it 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 agreement, or other instrument (other than this the Agreement); or nor violate any law or, to the best of the Servicer’s '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 its properties.; and
Appears in 1 contract
Samples: Standard Terms and Conditions Agreement (Ford Credit Auto Receivables Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms 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 timetime or both) a default under, the certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement or other instrument to which the Servicer is a party or by which it 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 or other instrument (other than this Agreement); or nor violate any law 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 regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer or its properties.
Appears in 1 contract
No Violation. The consummation of the transactions contemplated by this the Transfer and Servicing Agreement and the fulfillment of the terms hereof shall thereof do not conflict withviolate, 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 certificate of formation, limited liability company agreement or by-laws Operating Agreement of the ServicerDepositor, or any material indenture, material agreement or other material instrument to which the Servicer Depositor is a party or by which it shall be bound; or result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such material indenture, material agreement or other material instrument (other than this Agreementpursuant to the Basic Documents); or nor violate any material law or, to the best knowledge of the Servicer’s knowledgeDepositor, any material order, rule or regulation applicable to the Servicer it of any court or of any federal or State state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Depositor or its properties.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Crestar Securitization LLC)
No Violation. The consummation of the transactions s contemplated by this Agreement and the fulfillment of the terms 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement agreement, or other instrument to which the Servicer is a party or by which it 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 agreement, or other instrument (other than this Agreement); or nor violate any law or, to the best of the Servicer’s 's knowledge, any order, rule rule, or regulation applicable to the Servicer of any court or of any federal or State regulatory body, administrative agency agency, or other governmental instrumentality having jurisdiction over the Servicer or its properties.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bay View Deposit CORP)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment fulfilment of the terms hereof 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreement); or violate any law or, to the best of the Servicer’s 's knowledge, any order, rule or regulation applicable to the Servicer of any court or of any federal or State provincial regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer or its properties.
Appears in 1 contract
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall do not (i) 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the ServicerDepositor, or any indenture, agreement or other instrument to which the Servicer Depositor is a party or by which it shall be bound; or (ii) result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement or other instrument (other than this Agreementpursuant to the Basic Documents); or (iii) violate any law or, to the best of the ServicerDepositor’s knowledge, any order, rule or regulation applicable to the Servicer Depositor of any court or of any federal or State state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Depositor or its properties.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Caterpillar Financial Funding Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall or 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 timetime or both) a default under, the certificate charter, articles of formation, limited liability company agreement incorporation or by-laws bylaws of the ServicerAdministrator, or any indenture, agreement or other instrument to which the Servicer Administrator is a party or by which it shall be bound; or bound; nor result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement or other instrument (other than this Agreement); or pursuant to the Basic Documents); nor violate any law or, to the best knowledge of the Servicer’s knowledgeAdministrator, any order, rule or regulation applicable to the Servicer Administrator of any court or of any federal Federal or State state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Administrator or its properties.
Appears in 1 contract
Samples: Administration Agreement
No Violation. The consummation of the transactions contemplated by ------------ this Agreement and the fulfillment of the terms hereof shall does 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 certificate articles of formation, limited liability company agreement incorporation or by-laws bylaws of the Servicer, or any material term of any indenture, agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreement); or violate any law or, to the best of the Servicer’s '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 its properties.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)
No Violation. The consummation of the transactions contemplated by this Agreement Supplement and the fulfillment of the terms hereof shall or 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 timetime or both) a default under, the certificate of formation, limited liability company agreement charter or byBy-laws of the ServicerAdministrator, or any indenture, agreement or other instrument to which the Servicer Administrator is a party or by which it it
06.1 Administration Agreement 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 or other instrument (other than this Agreementpursuant to the Basic Documents); or nor violate any law or, to the best knowledge of the Servicer’s knowledgeAdministrator, any order, rule or regulation applicable to the Servicer Administrator of any court or of any federal Federal or State state regulatory body, administrative agency or other governmental instrumentality having jurisdiction over the Servicer Administrator or its properties.
Appears in 1 contract
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall not conflict with, result in any material breach of any of the terms and provisions of, or nor constitute (with or without notice or lapse of time) a default under, the certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement or other material instrument to which the Servicer is a party or by which it shall be 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 or other material instrument (other than this the Collateral Agreement); or nor violate any law or, to the best of the Servicer’s '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 its properties.
Appears in 1 contract
No Violation. The consummation by the Servicer of the transactions contemplated by this Agreement and the fulfillment by the Servicer of the terms hereof 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any indenture, agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreementas contemplated by the Basic Documents); or nor violate any law 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 its properties.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Caterpillar Financial Funding Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the Servicer, or any other material indenture, agreement or other instrument to which the Servicer is a party or by which it 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 or other instrument (other than this except as contemplated in the Indenture and as set forth in the Sale Agreement); or nor violate any law or, to the best of the Servicer’s knowledge, or any order, rule or regulation applicable to the Servicer of any court or of any federal or State state regulatory body, 10 administrative agency or other governmental instrumentality having jurisdiction over the Servicer or its properties.
Appears in 1 contract
Samples: Transferred Environmental Control Property Servicing Agreement
No Violation. The consummation of the transactions contemplated by ------------ this Agreement and the fulfillment of the terms hereof 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 certificate articles of formation, limited liability company agreement incorporation or by-laws bylaws of the Servicer, or any material term of any indenture, agreement or other instrument to which the Servicer is a party or by which it shall be 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 or other instrument (other than this Agreement); or violate any law or, to the best of the Servicer’s '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 its properties.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Asset Backed Securities Corp)
No Violation. The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof shall do not (i) 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 certificate articles of formation, limited liability company agreement incorporation or by-laws of the ServicerSeller, or any indenture, agreement or other instrument to which the Servicer Seller is a party or by which it shall be bound; or (ii) result in the creation or imposition of any Lien upon any of its properties pursuant to the terms of any such indenture, agreement or other instrument (other than this Agreementpursuant to the Basic Documents); or (iii) violate any law or, to the best of the ServicerSeller’s knowledge, any 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 its properties.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Caterpillar Financial Asset Trust 2005-A)