Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.
Appears in 107 contracts
Samples: Indenture (Toyota Auto Receivables 2024-D Owner Trust), Indenture (Toyota Auto Receivables 2024-D Owner Trust), Toyota Auto Finance Receivables LLC
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture and the Basic other Transaction Documents.
Appears in 97 contracts
Samples: Indenture (CarMax Auto Owner Trust 2024-4), Indenture (Carmax Auto Funding LLC), Indenture (CarMax Auto Owner Trust 2024-3)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its reasonable best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsSale and Servicing Agreement or such other instrument or agreement.
Appears in 93 contracts
Samples: Indenture (BMW Vehicle Owner Trust 2024-A), Trust Agreement (BMW Vehicle Owner Trust 2024-A), Indenture (BMW Vehicle Owner Trust 2023-A)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Owner Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the other Basic DocumentsDocuments or such other instrument or agreement.
Appears in 73 contracts
Samples: Indenture (Honda Auto Receivables 2024-2 Owner Trust), Indenture (Honda Auto Receivables 2024-2 Owner Trust), Indenture (Honda Auto Receivables 2023-4 Owner Trust)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsSale and Servicing Agreement or such other instrument or agreement.
Appears in 62 contracts
Samples: Indenture (Daimlerchrysler Services North America LLC), Indenture (Premier Auto Trust 1998-1), Indenture (Premier Auto Trust 1999-2)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Indenture Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture and the other Basic Documents.
Appears in 50 contracts
Samples: Indenture (Ford Credit Auto Receivables Two LLC), Indenture (GS Auto Loan Trust 2007-1), Indenture (Usaa Auto Owner Trust 2004-3)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Owner Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.
Appears in 36 contracts
Samples: Nissan Auto Receivables 2024-B Owner Trust, Nissan Auto Receivables 2024-B Owner Trust, Nissan Auto Receivables 2024-a Owner Trust
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture and the other Basic Documents.
Appears in 32 contracts
Samples: Indenture (Mmca Auto Receivables Inc), Indenture (Mmca Auto Receivables Trust), Indenture (Mmca Auto Owner Trust 2001-4)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Owner Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the other Basic DocumentsDocuments or such other instrument or agreement.
Appears in 25 contracts
Samples: American Honda Receivables Corp, Honda Auto Receivables 2006-2 Owner Trust, Honda Auto Receivables 2007-2 Owner Trust
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture and the other Basic DocumentsDocuments or such other instrument or agreement.
Appears in 23 contracts
Samples: Indenture (Mercedes-Benz Auto Receivables Trust 2021-1), Indenture (Mercedes-Benz Auto Receivables Trust 2021-1), Indenture (Mercedes-Benz Auto Receivables Trust 2020-1)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its reasonable best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsSale and Servicing Agreement or such other instrument or agreement.
Appears in 22 contracts
Samples: Indenture (BMW Fs Securities LLC), Indenture (BMW Vehicle Owner Trust 2001-A), Indenture (Morgan Stanley Auto Loan Trust 2003-Hb1)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.
Appears in 15 contracts
Samples: Indenture (Nissan Auto Receivables 2015-C Owner Trust), Indenture (Nissan Auto Receivables 2015-C Owner Trust), Indenture (Nissan Auto Receivables Corp Ii)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsSale and Servicing Agreement or such other instrument or agreement.
Appears in 15 contracts
Samples: Indenture (Case Receivables Ii Inc), Indenture (Case Receivables Ii Inc), Indenture (Case Receivables Ii Inc)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s its material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture and the other Basic DocumentsDocuments or such other instrument or agreement.
Appears in 14 contracts
Samples: Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Daimler Trucks Retail Trust 2024-1), Indenture (Mercedes-Benz Auto Receivables Trust 2023-2)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Basic DocumentsDocuments or such other instrument or agreement.
Appears in 11 contracts
Samples: Indenture (Wells Fargo Auto Receivables Corp), Volkswagen Public Auto Loan Securitization LLC, M&i Dealer Auto Securitization LLC
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, of or impair the validity or effectiveness of, any such instrument or agreement, except in each case as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Basic DocumentsDocuments or such other instrument or agreement.
Appears in 11 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsTransfer and Servicing Agreement or such other instrument or agreement.
Appears in 9 contracts
Samples: Master Indenture (Spiegel Master Trust), Master Indenture (Dc Funding International Inc), Master Indenture (Nordstrom Credit Inc)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsSale and Servicing Agreement or such other instrument or agreement.
Appears in 9 contracts
Samples: Indenture (Chrysler Financial Auto Securitization Trust 2010-A), Indenture (Chrysler Financial Auto Securitization Trust 2009-A), Indenture (Chrysler Financial Auto Securitization Trust 2009-B)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture and the other Basic DocumentsDocuments or such other instrument or agreement.
Appears in 9 contracts
Samples: California Republic (California Republic Auto Receivables Trust 2018-1), California Republic (California Republic Auto Receivables Trust 2018-1), California Republic (California Republic Auto Receivables Trust 2017-1)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture and the Basic other Transaction Documents.
Appears in 8 contracts
Samples: Indenture (Carmax Auto Funding LLC), Indenture (Pooled Auto Securities Shelf LLC), Indenture (Pooled Auto Securities Shelf LLC)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture or the other Basic Documents.
Appears in 8 contracts
Samples: Indenture (Pooled Auto Securities Shelf LLC), WDS Receivables LLC, Pooled Auto Securities Shelf LLC
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsTrust Agreement, the Transfer and Servicing Agreement, the applicable Pooling and Servicing Agreement or such other instrument or agreement.
Appears in 6 contracts
Samples: Indenture (Chase Manhattan Bank Usa), Indenture (First Usa Credit Card Master Trust), American Express Issuance Trust
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate Pledged Assets or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic DocumentsDocuments or such other instrument or agreement.
Appears in 6 contracts
Samples: Indenture (Bay View Transaction Corp), Indenture (Uacsc Auto Trusts), Indenture (Bay View Securitization Corp)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsTransfer and Servicing Agreement or such other instrument or agreement.
Appears in 5 contracts
Samples: Indenture (Deutsche Recreational Asset Funding Corp), Metlife Capital Equipment Loan Trusts, Metlife Capital Equipment Loan Trusts
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsTrust Agreement or such other instrument or agreement.
Appears in 5 contracts
Samples: Indenture (BA Master Credit Card Trust II), Pooling and Servicing Agreement (National City Bank /), Pooling and Servicing Agreement (Mbna Credit Card Master Note Trust)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic DocumentsDocuments and the Interest Rate Swap Agreement.
Appears in 5 contracts
Samples: Indenture (Toyota Auto Finance Receivables LLC), Indenture (Toyota Auto Finance Receivables LLC), Tia Indenture (Toyota Motor Credit Receivables Corp)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsTrust Agreement, the Transfer Agreement and the Servicing Agreement, the applicable Pooling and Servicing Agreement or such other instrument or agreement.
Appears in 5 contracts
Samples: Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC), And Servicing Agreement (American Express Receivables Financing Corp VIII LLC)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Indenture Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture and the other Basic Documents.
Appears in 5 contracts
Samples: Indenture (USAA Auto Owner Trust 2007-2), Indenture (USAA Auto Owner Trust 2008-1), Indenture (GS Auto Loan Trust 2005-1)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.
Appears in 5 contracts
Samples: Indenture (Nissan Auto Receivables 2002-a Owner Trust), Indenture (Nissan Auto Receivables 2002 B Owner Trust), Indenture (Nissan Auto Receivables 2002 C Owner Trust)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsTransfer and Servicing Agreement or such other instrument or agreement.
Appears in 4 contracts
Samples: Indenture (Deutsche Recreational Asset Funding Corp), Indenture (Deutsche Recreational Asset Funding Corp), Deutsche Recreational Asset Funding Corp
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take take, or fail to take, any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsSale and Servicing Agreement or such other instrument or agreement.
Appears in 4 contracts
Samples: Indenture (Asset Backed Securities Corp), Asset Backed Securities Corp, Paragon Auto Receivables Corp
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Basic DocumentsDocuments or such other instrument or agreement.
Appears in 4 contracts
Samples: Indenture (Americredit Corp), Note Depository Agreement (Franklin Auto Trust 2003-2), Note Depository Agreement (Franklin Receivables Auto Trust 2003-1)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material 's covenants or obligations under any instrument or agreement included in the Trust Estate Property or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Basic DocumentsDocuments or such other instrument or agreement.
Appears in 4 contracts
Samples: Indenture (TFC Enterprises Inc), TFC Enterprises Inc, TFC Enterprises Inc
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture or the Basic DocumentsSale and Servicing Agreement.
Appears in 4 contracts
Samples: Trust Agreement (California Republic Auto Receivables Trust 2015-2), Trust Agreement (California Republic Funding LLC), Indenture (California Republic Funding LLC)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, of or impair the validity or effectiveness of, any such instrument or agreement, except in each case as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Basic DocumentsDocuments or such other instrument or agreement.
Appears in 4 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Performance of Obligations; Servicing of Receivables. (a) (a) The Issuer will not take any action and will use its reasonable best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsSale and Servicing Agreement or such other instrument or agreement.
Appears in 3 contracts
Samples: Indenture (Hyundai Abs Funding Corp), Indenture (Hyundai Abs Funding Corp), Indenture (Hyundai Abs Funding Corp)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best commercially reasonable efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsSale and Servicing Agreement or any other Transaction Document.
Appears in 3 contracts
Samples: Indenture (Bluegreen Corp), Bluegreen Corp, Bluegreen Corp
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsTrust Agreement or such other instrument or agreement.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (BA Master Credit Card Trust II), Indenture (BA Credit Card Trust), BA Master Credit Card Trust II
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate Assets or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic DocumentsAgreement, the Transfer and Servicing Agreement[s] or such other instrument or agreement.
Appears in 3 contracts
Samples: Indenture (Ford Credit Floorplan LLC), Ford Credit Floorplan Corp, Ford Credit Auto Receivables LLC
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Receivables Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsServicing Agreement or such other instrument or agreement.
Appears in 3 contracts
Samples: Note Purchase Agreement (Conns Inc), Note Purchase Agreement (Conns Inc), Conns Inc
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic DocumentsIndenture, the Transfer and Servicing Agreement or such other instrument or agreement.
Appears in 3 contracts
Samples: Master Indenture (First National Funding LLC), Master Indenture (First National Funding LLC), Master Indenture (First National Master Note Trust)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture or the other Basic Documents.
Appears in 3 contracts
Samples: Indenture (WDS Receivables LLC), Indenture (Wachovia Auto Loan Owner Trust 2007-1), Indenture (Wachovia Auto Owner Trust 2008-A)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Owner Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.. 14 (NAROT 2023-B Indenture)
Appears in 2 contracts
Samples: NISSAN AUTO RECEIVABLES Co II LLC, NISSAN AUTO RECEIVABLES Co II LLC
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic DocumentsDocuments and the Interest Rate Swap Agreement.
Appears in 2 contracts
Samples: Toyota Auto Finance Receivables LLC, Toyota Auto Finance Receivables LLC
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Owner Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.. 13 (NAROT 2022-B Indenture)
Appears in 2 contracts
Samples: Nissan Auto Receivables 2022-B Owner Trust, NISSAN AUTO RECEIVABLES Co II LLC
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material 12 (Nissan 2014-A Indenture) covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.
Appears in 2 contracts
Samples: Nissan Auto Receivables 2014-a Owner Trust, Nissan Auto Receivables 2014-a Owner Trust
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the each Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documentsthis Master Indenture, any Indenture Supplement, any Sale and Servicing Agreement or such other instrument or agreement.
Appears in 2 contracts
Samples: Daimlerchrysler Services North America LLC, Daimlerchrysler Services North America LLC
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material 12 (Nissan 2013-C Indenture) covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.
Appears in 2 contracts
Samples: Nissan Auto Receivables 2013-C Owner Trust, Nissan Auto Receivables 2013-C Owner Trust
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsTransfer and Servicing Agreement or such other instrument or agreement.
Appears in 2 contracts
Samples: Uscc Master Note (United States Cellular Corp), Master Indenture (Compucredit Corp)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or (Nissan 2011-A Indenture) impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.
Appears in 2 contracts
Samples: Indenture (Nissan Auto Receivables 2011-a Owner Trust), Indenture (Nissan Auto Receivables 2011-a Owner Trust)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsTrust Agreement or such other instrument or agreement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Mellon Bank Premium Finance Loan Master Trust), Master Note Trust (Mellon Premium Finance Loan Owner Trust)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate Assets or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic DocumentsAgreement, the Transfer and Servicing Agreements or such other instrument or agreement.
Appears in 1 contract
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate Pledged Assets or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic DocumentsDocuments or such other instrument or agreement.
Appears in 1 contract
Samples: Indenture (Bay View Deposit CORP)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic DocumentsDocuments [and the Interest Rate Swap Agreement].
Appears in 1 contract
Samples: Toyota Auto Finance Receivables LLC
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Collateral or the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsSale and Servicing Agreement or such other instrument or agreement.
Appears in 1 contract
Samples: Case Receivables Ii Inc
Performance of Obligations; Servicing of Receivables. (a) The Issuer Neither of the Issuers will not take any action and each of the Issuers will use its best commercially reasonable efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate Pledged Property or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.ordered by any bankruptcy or other court or as expressly
Appears in 1 contract
Samples: Unicapital Corp
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.Collateral
Appears in 1 contract
Samples: Master Indenture (Associates Credit Card Receivables Corp)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except [in each case case] as expressly provided in the Basic DocumentsDocuments [and the Interest Rate Swap Agreement].
Appears in 1 contract
Samples: Toyota Motor Credit Corp
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Master Indenture, the Basic Transfer and Servicing Agreement or other Transaction Documents.
Appears in 1 contract
Samples: Master Indenture (Nordstrom Inc)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material (Nissan 2003-B Indenture) covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic Documents.
Appears in 1 contract
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Master Indenture, the Basic Transfer and Servicing Agreement or other Transaction Documents.
Appears in 1 contract
Samples: Master Indenture (Nordstrom Inc)
Performance of Obligations; Servicing of Receivables. (ai) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsSale and Servicing Agreement or such other instrument or agreement.
Appears in 1 contract
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the other Basic DocumentsDocuments or such other instrument or agreement.
Appears in 1 contract
Samples: Pooled Auto Securities Shelf LLC
Performance of Obligations; Servicing of Receivables. (a) a The Issuer will shall not take any action and will shall use its best reasonable efforts not to permit any action to be taken by others that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as otherwise expressly provided in this Indenture, the Sale and Servicing Agreement, the Administration Agreement or any other Basic Documents.
Appears in 1 contract
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsTransfer and Servicing Agreement or such other instrument or agreement.
Appears in 1 contract
Samples: Indenture (Deutsche Recreational Asset Funding Corp)
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate Collateral or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsServicing Agreement or such other instrument or agreement.
Appears in 1 contract
Samples: Cef Equipment Holding LLC
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take take, or fail to take, any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in this Indenture, the Basic DocumentsPooling and Servicing Agreement or such other instrument or agreement.
Appears in 1 contract
Performance of Obligations; Servicing of Receivables. (a) The Issuer will not take any action and will use its best commercially reasonable efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, of or impair the validity or effectiveness of, any such instrument or agreement, except in each case as ordered by any bankruptcy or other court or as expressly provided in or permitted by this Indenture, the other Basic DocumentsDocuments or such other instrument or agreement.
Appears in 1 contract
Samples: Gehl Co
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best efforts not to permit any action to be taken by others others, including the Servicer, that would release any Person from any of such Person’s 's material covenants or obligations under any instrument or agreement included in the Indenture Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, or impair the validity or effectiveness of, any such instrument or agreement, except in each case as expressly provided in the Basic DocumentsDocuments or such other instrument or agreement.
Appears in 1 contract
Samples: Fleetwood Credit Receivables Corp
Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best efforts not to permit any action to be taken by others that would release any Person from any of such Person’s material covenants or obligations under any instrument or agreement included in the Trust Estate or that would result in the amendment, hypothecation, subordination, termination or discharge of, of or impair the validity or effectiveness of, any such instrument or agreement, except in each case as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the other Basic DocumentsDocuments or such other instrument or agreement.
Appears in 1 contract