Common use of Party A’s Rights Solely Against Collateral Clause in Contracts

Party A’s Rights Solely Against Collateral. The liability of Party B to Party A hereunder is limited in recourse to the Collateral and the other assets and to the extent that the proceeds of the Collateral and other assets, when applied in accordance with the priority of payments set forth in Section 5.4(b) of the Indenture and the other applicable provisions of the Indenture or Section 4.4 of the Sale and Servicing Agreement, as applicable, are insufficient to meet the obligations of Party B hereunder in full, Party B shall have no further liability in respect of any such outstanding obligations. It is understood that the foregoing provisions shall not (i) prevent recourse to the Collateral and the other assets for the sums due or to become due under any security, instrument or agreement which is part of the Collateral and the other assets (subject to the priority of payments set forth in the Indenture) or (ii) constitute a waiver, release or discharge of any obligation of Party B arising under this Agreement until the Collateral and the other assets have been realized and the proceeds applied in accordance with the Indenture.

Appears in 7 contracts

Samples: Master Agreement (Capital One Auto Receivables LLC), Master Agreement (Capital One Auto Receivables LLC), Master Agreement (Capital One Auto Receivables LLC)

AutoNDA by SimpleDocs

Party A’s Rights Solely Against Collateral. The liability of Party B to Party A hereunder is limited in recourse to the Collateral and the other assets and to the extent that the proceeds of the Collateral and other assetsCollateral, when applied in accordance with the priority of payments set forth in Section 5.4(b) 5.06 of the Indenture Sale and Servicing Agreement and the other applicable provisions of the Indenture or Section 4.4 of and the Sale and Servicing Agreement, as applicable, are insufficient to meet the obligations of Party B hereunder in full, Party B shall have no further liability in respect of any such outstanding obligations. It is understood that the foregoing provisions shall not (i) prevent recourse to the Collateral and the other assets for the sums due or to become due under any security, instrument or agreement which is part of the Collateral and in accordance with the other assets Indenture (subject to the priority of payments set forth in the IndentureIndenture and the Sale and Servicing Agreement) or (ii) constitute a waiver, release or discharge of any obligation of Party B arising under this Agreement until the Collateral and the other assets have has been realized and the proceeds applied in accordance with the IndentureIndenture and the Sale and Servicing Agreement.

Appears in 2 contracts

Samples: Isda Master Agreement, Schedule to the Isda Master Agreement

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!