Common use of Servicer Representations and Warranties Clause in Contracts

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 2020-A Exchange Noteholder, in acquiring the 2020-A Exchange Note, will rely. Such representations and warranties are remade as of the 2020-A Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 2020-A Exchange Note to the 2020-A Exchange Noteholder, the Transferor and the Issuer and the pledge of the 2020-A Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 2020-A Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its ability to perform its obligations under this Agreement. (c) As of the 2020-A Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 2020-A Exchange Noteholder have been utilized in selecting the 2020-A Leases and 2020-A Vehicles included in the 2020-A Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 2020-A Lease and (ii) the acquisition by the Titling Trust of such 2020-A Lease and the related 2020-A Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 2020-A Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2020-A), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2020-A)

AutoNDA by SimpleDocs

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 20202021-A Exchange Noteholder, in acquiring the 20202021-A Exchange Note, will rely. Such representations and warranties are remade as of the 20202021-A Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 20202021-A Exchange Note to the 20202021-A Exchange Noteholder, the Transferor and the Issuer and the pledge of the 20202021-A Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 20202021-A Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its ability to perform its obligations under this Agreement. (c) As of the 20202021-A Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 20202021-A Exchange Noteholder have been utilized in selecting the 20202021-A Leases and 20202021-A Vehicles included in the 20202021-A Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 20202021-A Lease and (ii) the acquisition by the Titling Trust of such 20202021-A Lease and the related 20202021-A Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 20202021-A Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2021-A), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2021-A)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 20202023-A Exchange Noteholder, in acquiring the 20202023-A Exchange Note, will rely. Such representations and warranties are remade as of the 20202023-A Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 20202023-A Exchange Note to the 20202023-A Exchange Noteholder, the Transferor and the Issuer and the pledge of the 20202023-A Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 20202023-A Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its ability to perform its obligations under this Agreement. (c) As of the 20202023-A Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 20202023-A Exchange Noteholder have been utilized in selecting the 20202023-A Leases and 20202023-A Vehicles included in the 20202023-A Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 20202023-A Lease and (ii) the acquisition by the Titling Trust of such 20202023-A Lease and the related 20202023-A Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 20202023-A Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2023-A), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2023-A)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 20202016-A B Exchange Noteholder, in acquiring the 20202016-A B Exchange Note, will rely. Such representations and warranties are remade as of the 20202016-A B Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 20202016-A B Exchange Note to the 20202016-A B Exchange Noteholder, the Transferor and the Issuer and the pledge of the 20202016-A B Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 20202016-A B Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its the ability of the Servicer to perform its obligations under this Agreement. (c) As of the 20202016-A B Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority court or governmental agency or body is required under federal or State law for the execution, delivery and performance by the Servicer ofServicer, or compliance by it with, with this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 20202016-A B Exchange Noteholder have been utilized in selecting the 20202016-A B Leases and 20202016-A B Vehicles included in the 20202016-A B Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (ia) the execution, delivery and performance by the Titling Trust of each 20202016-A B Lease and (iib) the acquisition by the Titling Trust of such 20202016-A B Lease and the related 20202016-A B Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 20202016-A B Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2016-B), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2016-B)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 20202024-A B Exchange Noteholder, in acquiring the 20202024-A B Exchange Note, will rely. Such representations and warranties are remade as of the 20202024-A B Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 20202024-A B Exchange Note to the 20202024-A B Exchange Noteholder, the Transferor and the Issuer and the pledge of the 20202024-A B Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 20202024-A B Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its ability to perform its obligations under this Agreement. (c) As of the 20202024-A B Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 20202024-A B Exchange Noteholder have been utilized in selecting the 20202024-A B Leases and 20202024-A B Vehicles included in the 20202024-A B Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 20202024-A B Lease and (ii) the acquisition by the Titling Trust of such 20202024-A B Lease and the related 20202024-A B Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 20202024-A B Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2024-B), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2024-B)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 2020-A B Exchange Noteholder, in acquiring the 2020-A B Exchange Note, will rely. Such representations and warranties are remade as of the 2020-A B Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 2020-A B Exchange Note to the 2020-A B Exchange Noteholder, the Transferor and the Issuer and the pledge of the 2020-A B Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 2020-A B Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its ability to perform its obligations under this Agreement. (c) As of the 2020-A B Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 2020-A B Exchange Noteholder have been utilized in selecting the 2020-A B Leases and 2020-A B Vehicles included in the 2020-A B Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 2020-A B Lease and (ii) the acquisition by the Titling Trust of such 2020-A B Lease and the related 2020-A B Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 2020-A B Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2020-B), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2020-B)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 20202019-A Exchange Noteholder, in acquiring the 20202019-A Exchange Note, will rely. Such representations and warranties are remade as of the 20202019-A Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 20202019-A Exchange Note to the 20202019-A Exchange Noteholder, the Transferor and the Issuer and the pledge of the 20202019-A Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 20202019-A Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its the ability of the Servicer to perform its obligations under this Agreement. (c) As of the 20202019-A Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority court or governmental agency or body is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 20202019-A Exchange Noteholder have been utilized in selecting the 20202019-A Leases and 20202019-A Vehicles included in the 20202019-A Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 20202019-A Lease and (ii) the acquisition by the Titling Trust of such 20202019-A Lease and the related 20202019-A Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 20202019-A Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2019-A), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2019-A)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 20202019-A B Exchange Noteholder, in acquiring the 20202019-A B Exchange Note, will rely. Such representations and warranties are remade as of the 20202019-A B Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 20202019-A B Exchange Note to the 20202019-A B Exchange Noteholder, the Transferor and the Issuer and the pledge of the 20202019-A B Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 20202019-A B Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its the ability of the Servicer to perform its obligations under this Agreement. (c) As of the 20202019-A B Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority court or governmental agency or body is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 20202019-A B Exchange Noteholder have been utilized in selecting the 20202019-A B Leases and 20202019-A B Vehicles included in the 20202019-A B Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 20202019-A B Lease and (ii) the acquisition by the Titling Trust of such 20202019-A B Lease and the related 20202019-A B Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 20202019-A B Closing Date.

Appears in 2 contracts

Samples: 2019 B Servicing Supplement (Mercedes-Benz Auto Lease Trust 2019-B), 2019 B Servicing Supplement (Mercedes-Benz Auto Lease Trust 2019-B)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 20202018-A B Exchange Noteholder, in acquiring the 20202018-A B Exchange Note, will rely. Such representations and warranties are remade as of the 20202018-A B Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 20202018-A B Exchange Note to the 20202018-A B Exchange Noteholder, the Transferor and the Issuer and the pledge of the 20202018-A B Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 20202018-A B Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its the ability of the Servicer to perform its obligations under this Agreement. (c) As of the 20202018-A B Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority court or governmental agency or body is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 20202018-A B Exchange Noteholder have been utilized in selecting the 20202018-A B Leases and 20202018-A B Vehicles included in the 20202018-A B Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 20202018-A B Lease and (ii) the acquisition by the Titling Trust of such 20202018-A B Lease and the related 20202018-A B Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 20202018-A B Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2018-B), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2018-B)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 20202024-A Exchange Noteholder, in acquiring the 20202024-A Exchange Note, will rely. Such representations and warranties are remade as of the 20202024-A Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 20202024-A Exchange Note to the 20202024-A Exchange Noteholder, the Transferor and the Issuer and the pledge of the 20202024-A Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 20202024-A Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its ability to perform its obligations under this Agreement. (c) As of the 20202024-A Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 20202024-A Exchange Noteholder have been utilized in selecting the 20202024-A Leases and 20202024-A Vehicles included in the 20202024-A Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 20202024-A Lease and (ii) the acquisition by the Titling Trust of such 20202024-A Lease and the related 20202024-A Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 20202024-A Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2024-A), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2024-A)

AutoNDA by SimpleDocs

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 20202018-A Exchange Noteholder, in acquiring the 20202018-A Exchange Note, will rely. Such representations and warranties are remade as of the 20202018-A Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 20202018-A Exchange Note to the 20202018-A Exchange Noteholder, the Transferor and the Issuer and the pledge of the 20202018-A Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 20202018-A Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its the ability of the Servicer to perform its obligations under this Agreement. (c) As of the 20202018-A Exchange Note Issuance Date, no consent, approval, authorization or order of any court or Governmental Authority is required under federal or State law for the execution, delivery and performance by the Servicer ofServicer, or compliance by it with, with this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 20202018-A Exchange Noteholder have been utilized in selecting the 20202018-A Leases and 20202018-A Vehicles included in allocated to the 20202018-A Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 20202018-A Lease and (ii) the acquisition by the Titling Trust of such 20202018-A Lease and the related 20202018-A Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 20202018-A Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2018-A), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2018-A)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 2020-A 201[__]-[__] Exchange Noteholder, in acquiring the 2020-A 201[__]-[__] Exchange Note, will rely. Such representations and warranties are remade as of the 2020-A 201[__]-[__] Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 2020-A 201[__]-[__] Exchange Note to the 2020-A 201[__]-[__] Exchange Noteholder, the Transferor and the Issuer and the pledge of the 2020-A 201[__]-[__] Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 2020-A 201[__]-[__] Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its the ability of the Servicer to perform its obligations under this Agreement. (c) As of the 2020-A 201[__]-[__] Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority court or governmental agency or body is required under federal or State law for the execution, delivery and performance by the Servicer ofServicer, or compliance by it with, with this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 2020-A 201[__]-[__] Exchange Noteholder have been utilized in selecting the 2020-A 201[__]-[__] Leases and 2020-A 201[__]-[__] Vehicles included in the 2020-A 201[__]-[__] Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (ia) the execution, delivery and performance by the Titling Trust of each 2020-A 201[__]-[__] Lease and (iib) the acquisition by the Titling Trust of such 2020-A 201[__]-[__] Lease and the related 2020-A 201[__]-[__] Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 2020-A 201[__]-[__] Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Daimler Trust), Servicing Supplement (Daimler Trust)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 20202016-A Exchange Noteholder, in acquiring the 20202016-A Exchange Note, will rely. Such representations and warranties are remade as of the 20202016-A Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 20202016-A Exchange Note to the 20202016-A Exchange Noteholder, the Transferor and the Issuer and the pledge of the 20202016-A Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 20202016-A Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its the ability of the Servicer to perform its obligations under this Agreement. (c) As of the 20202016-A Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority court or governmental agency or body is required under federal or State law for the execution, delivery and performance by the Servicer ofServicer, or compliance by it with, with this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 20202016-A Exchange Noteholder have been utilized in selecting the 20202016-A Leases and 20202016-A Vehicles included in the 20202016-A Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (ia) the execution, delivery and performance by the Titling Trust of each 20202016-A Lease and (iib) the acquisition by the Titling Trust of such 20202016-A Lease and the related 20202016-A Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 20202016-A Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2016-A), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2016-A)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 20202021-A B Exchange Noteholder, in acquiring the 20202021-A B Exchange Note, will rely. Such representations and warranties are remade as of the 20202021-A B Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 20202021-A B Exchange Note to the 20202021-A B Exchange Noteholder, the Transferor and the Issuer and the pledge of the 20202021-A B Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 20202021-A B Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its ability to perform its obligations under this Agreement. (c) As of the 20202021-A B Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 20202021-A B Exchange Noteholder have been utilized in selecting the 20202021-A B Leases and 20202021-A B Vehicles included in the 20202021-A B Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 20202021-A B Lease and (ii) the acquisition by the Titling Trust of such 20202021-A B Lease and the related 20202021-A B Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 20202021-A B Closing Date.

Appears in 2 contracts

Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2021-B), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2021-B)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 2020-A 20[__]-[_] Exchange Noteholder, in acquiring the 2020-A 20[__]-[_] Exchange Note, will rely. Such representations and warranties are remade as of the 2020-A 20[__]-[_] Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 2020-A 20[__]-[_] Exchange Note to the 2020-A 20[__]-[_] Exchange Noteholder, the Transferor and the Issuer and the pledge of the 2020-A 20[__]-[_] Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 2020-A 20[__]-[_] Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its the ability of the Servicer to perform its obligations under this Agreement. (c) As of the 2020-A 20[__]-[_] Exchange Note Issuance Date, no consent, approval, authorization or order of any court or Governmental Authority is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 2020-A 20[__]-[_] Exchange Noteholder have been utilized in selecting the 2020-A 20[__]-[_] Leases and 2020-A 20[__]-[_] Vehicles included in the 2020-A 20[__]-[_] Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 2020-A 20[__]-[_] Lease and (ii) the acquisition by the Titling Trust of such 2020-A 20[__]-[_] Lease and the related 2020-A 20[__]-[_] Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 2020-A 20[__]-[_] Closing Date.

Appears in 1 contract

Samples: Servicing Supplement (Daimler Trust)

Servicer Representations and Warranties. (a) The Servicer has made the representations and warranties set forth in Section 3.02 of the Basic Servicing Agreement on which the Lender, the Titling Trust and the Collateral Agent have relied, and the 2020-A 20[__]-[_] Exchange Noteholder, in acquiring the 2020-A 20[__]-[_] Exchange Note, will rely. Such representations and warranties are remade as of the 2020-A 20[__]-[_] Exchange Note Issuance Date and will survive the sale, transfer, assignment and conveyance of the 2020-A 20[__]-[_] Exchange Note to the 2020-A 20[__]-[_] Exchange Noteholder, the Transferor and the Issuer and the pledge of the 2020-A 20[__]-[_] Exchange Note to the Indenture Trustee pursuant to the Indenture. (b) As of the 2020-A 20[__]-[_] Exchange Note Issuance Date, the Servicer is not in material default under any agreement, contract, instrument or indenture of any nature whatsoever to which it is bound, which default would have a material adverse effect on its the ability of the Servicer to perform its obligations under this Agreement. (c) As of the 2020-A 20[__]-[_] Exchange Note Issuance Date, no consent, approval, authorization or order of any Governmental Authority court or governmental agency or body is required under federal or State law for the execution, delivery and performance by the Servicer of, or compliance by it with, this Agreement or the consummation of the transactions contemplated hereby, or if required has been obtained or can be obtained prior to the execution of this Agreement. (d) To the knowledge of the Servicer, no selection procedures believed to be adverse to the 2020-A 20[__]-[_] Exchange Noteholder have been utilized in selecting the 2020-A 20[__]-[_] Leases and 2020-A 20[__]-[_] Vehicles included in the 2020-A 20[__]-[_] Reference Pool from other Leases and Vehicles that meet the criteria specified in Exhibit B hereto. (e) To the knowledge of the Servicer, all material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by Titling Trust in connection with (i) the execution, delivery and performance by the Titling Trust of each 2020-A 20[__]-[_] Lease and (ii) the acquisition by the Titling Trust of such 2020-A 20[__]-[_] Lease and the related 2020-A 20[__]-[_] Vehicle, were duly obtained, effected or given and were in full force and effect as of such date of creation or acquisition and remained in full force and effect as of the 2020-A 20[__]-[_] Closing Date.

Appears in 1 contract

Samples: Servicing Supplement (Daimler Trust)

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