Common use of Power and Authority; Binding Obligation Clause in Contracts

Power and Authority; Binding Obligation. The Seller has the power and authority to execute and deliver this Agreement and to carry out its terms; and the execution, delivery and performance of this Agreement has been duly authorized by the Seller by all necessary action. This Agreement constitutes the legal, valid and binding obligation of the Seller, enforceable against the Seller in accordance with its terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar laws and to general equitable principles.

Appears in 35 contracts

Samples: Receivables Purchase Agreement, Receivables Purchase Agreement (CarMax Auto Owner Trust 2015-4), Receivables Purchase Agreement (CarMax Auto Owner Trust 2015-3)

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Power and Authority; Binding Obligation. The Seller has the full power and authority to execute sell and deliver this Agreement assign the property sold and assigned to carry out its terms; the Purchaser hereunder and has duly authorized such sale and assignment to the execution, delivery and performance of this Purchaser by all necessary corporate action. This Agreement has been duly authorized authorized, executed and delivered by the Seller by all necessary action. This Agreement constitutes and shall constitute the legal, valid valid, binding and binding enforceable obligation of the SellerSeller except as the same may be limited by insolvency, enforceable against the Seller in accordance with its terms, subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and reorganization or other similar laws and relating to or affecting the enforcement of creditors' rights or by general equitable equity principles.

Appears in 2 contracts

Samples: Purchase Agreement (Mmca Auto Receivables Inc), Purchase Agreement (Mmca Auto Receivables Inc)

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Power and Authority; Binding Obligation. The Seller has the power legal power, right and authority to execute and deliver enter into this Agreement and to carry out its terms; and consummate the execution, delivery and performance of this transactions contemplated hereby. This Agreement has been duly authorized executed and delivered by the Seller by all necessary action. This Agreement constitutes the legal, valid and binding obligation of the Seller, and is enforceable against the Seller in accordance with its termsthe terms hereof, subject, except as to enforceability, to applicable enforceability may be limited by bankruptcy, insolvency, reorganization, conservatorship, receivership, liquidation and other similar insolvency or reorganization laws and to general equitable principlesor applicable principles of equity.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp)

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