Common use of Performance of Obligations; Servicing of Receivables Clause in Contracts

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 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 as expressly provided in this Indenture, the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement or such other instrument or agreement.

Appears in 3 contracts

Samples: Master Indenture (Household Consumer Loan Corp Ii), Household Affinity Funding Corp Iii, Household Affinity Funding Corp Iii

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Performance of Obligations; Servicing of Receivables. (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 material covenants or obligations under any instrument or agreement included in the 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 as otherwise expressly provided in this Indenture, the Transfer and Pooling Agreement, the Servicing Agreement, the Receivables Purchase Agreement, the Trust Administration Agreement or such other instrument or agreement.

Appears in 3 contracts

Samples: Indenture (Navistar Financial Retail Receivables Corporation), Navistar Financial Retail Receivables Corporation, Navistar Financial Retail Receivables Corporation

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 Trust Fund 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 as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement Basic Documents or such other instrument or agreement.

Appears in 3 contracts

Samples: Tia Indenture (Painewebber Asset Acceptance Corp), Securitized Asset Backed Receivables LLC, Prudential Securities Secured Financing 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 Collateral 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 as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement any other Basic Documents or such other instrument or agreement.

Appears in 3 contracts

Samples: Indenture (Chase Manhattan Bank Usa), Form of Indenture (Chase Manhattan Bank Usa), Chase Manhattan Bank Usa

Performance of Obligations; Servicing of Receivables. (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 material covenants or obligations under any instrument or agreement included in the Collateral 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 as otherwise expressly provided in this Indenture, the Transfer Trust Sale and Servicing Agreement, the Receivables Purchase Agreement, the Trust Administration Agreement or such other instrument or agreement.

Appears in 2 contracts

Samples: Indenture (Wodfi LLC), Indenture (Wodfi LLC)

Performance of Obligations; Servicing of Receivables. (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 others, including the Administrator, 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 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 as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement Transaction Documents or such other instrument or agreement.

Appears in 2 contracts

Samples: Volkswagen Public Auto Loan Securitization LLC, Vw Credit Leasing LTD

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 Collateral Series 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 as ordered by any bankruptcy or other court or as expressly provided in this Indenture, Indenture and the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement Basic Documents or such other instrument or agreement.

Appears in 2 contracts

Samples: Indenture (HSBC Automotive Trust (USA) 2007-1), Indenture (HSBC Automotive Trust (USA) 2006-1)

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 Collateral 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 as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement other Basic Documents or such other instrument or agreement.

Appears in 1 contract

Samples: Indenture (Bank One Auto Securitization Trust 2003-1)

Performance of Obligations; Servicing of Receivables. (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 Collateral 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 as otherwise expressly provided in this Indenture, the Transfer Trust Sale and Servicing Agreement, the Receivables Purchase Pooling and Servicing Agreement, the Trust Administration Agreement or such other instrument or agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities 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 Collateral 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 as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement Basic Documents or such other instrument or agreement.

Appears in 1 contract

Samples: Long Beach Acceptance 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 Collateral Trust 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 as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement Basic Documents or such other instrument or agreement.

Appears in 1 contract

Samples: United Fidelity Finance 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 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 as expressly provided in this Indenture, the Declaration of Trust, the Transfer Agreement and the Servicing Agreement, the Receivables Purchase Agreement, the Trust applicable Pooling and Servicing Agreement or such other instrument or agreement.

Appears in 1 contract

Samples: Trust Indenture

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 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 as expressly provided in this Indenture, the Transfer and Servicing Agreement, the Receivables Purchase AgreementAgreements, the Trust Agreement or such other instrument or agreement.

Appears in 1 contract

Samples: Master Indenture (Hrsi Funding Inc Ii)

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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 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 as expressly provided in this Indenture, the Transfer Sale and Servicing Agreement, the Receivables Purchase Agreement, the Trust Custodial Agreement or such other instrument or agreement.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Performance of Obligations; Servicing of Receivables. (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 others, including the Administrator, that would release any Person from any of such Person's ’s material covenants or obligations under any instrument or agreement included in the 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 as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement other Transaction Documents or such other instrument or agreement.

Appears in 1 contract

Samples: Indenture (Americas Carmart 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 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 as expressly provided in this Indenture, the Trust Agreement, the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust applicable Pooling and Servicing Agreement or such other instrument or agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (American Express Issuance Trust)

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 Collateral 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 as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transfer Sale and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement or such other instrument or agreement.

Appears in 1 contract

Samples: Indenture (Fifth Third Auto Trust 2004-A)

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 Collateral 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 as expressly provided in this Indenture, the Transfer Sale and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement or such other instrument or agreement.

Appears in 1 contract

Samples: Hyundai Abs 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 a instrument or agreement included in the Collateral 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 as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement Basic Documents or such other instrument or agreement.

Appears in 1 contract

Samples: Barnett 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 Collateral 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 as ordered by any bankruptcy or other court or as expressly provided in this Indenture, the Transfer and Servicing Agreement, the Receivables Purchase Agreement, the Trust Agreement Related Documents or such other instrument or agreement.

Appears in 1 contract

Samples: Indenture (A I Receivables Transfer Corp)

Performance of Obligations; Servicing of Receivables. (a) The Issuer will shall not take any action and will shall use its best all 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 Collateral 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 as otherwise expressly provided in this Indenture, the Transfer Trust Sale and Servicing Agreement, the Receivables Purchase Pooling and Servicing Agreement, the Trust Administration Agreement or such other instrument or agreement.

Appears in 1 contract

Samples: Capital Auto Receivables Inc

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